Brief background

Indonesia ratified the Convention on the Right of Persons with Disabilities in 2011, enacting Law number 19 of 2011 on the Ratification of the Convention on the Right of Persons with Disabilities. To ensure the fulfillment of the rights of persons with disabilities, the Government issued Law number 18 of 2016 concerning Persons with Disabilities. The existence of the Act served as a regulatory umbrella for persons with disabilities and guaranteed their protection from all forms of injustice, violence, and discrimination. To provide more comprehensive and clear guidance, the Government issued six Presidential Regulations on:

1. Fulfillment of the Rights of Social Rehabilitation for Persons with Disabilities

2. Proper Accommodation for Persons with Disabilities in the Judicial Process

3. Protection and Fulfillment of the Rights of Persons with Disabilities

4. Planning, Implementation, and Evaluation of the Implementation of Respect, Protection, and Fulfillment of the Rights of Persons with Disabilities

5. Fulfillment of the Right to Settlements, Public Services, and Protection from Disasters with Access for Persons with Disabilities

6. Disability Service Unit in Employment.

Two further regulations are being drafted:

1. Habilitate and Rehabilitate Services for Persons with Disabilities

2. Adequate Accommodation for Students with Disabilities, Concessions, and Respect Incentives

The Government, through BNPB and the relevant government ministries/institutions, adapted the cluster mechanism in 2014. As a follow-up, the Ministry of Social Affairs - as the Coordinator for Displacement and Protection Cluster (Klaster PP) – formed the Sub-cluster for the Protection of the Elderly, People with Disability, and Other Vulnerable Groups with the enactment of Ministerial Regulation Number 24/2015 on the Guideline for Displacement and Protection Cluster.

While disability inclusion was clearly a priority for the Government, people with disabilities still faced challenges in society, including underestimation of their presence, and lack of respect for their rights, particularly during emergency responses.

At the global level, the IASC had already published the Guidelines on Inclusion of Persons with Disabilities in Humanitarian Action. As such, it was necessary to review and analyze existing regulatory documents and their implementations while simultaneously exploring the IASC Guidelines to identify gaps and possible future improvements. The Guidelines would serve as a reference in integrating disaster inclusion into the HCT Contingency Plan.