United Nations

CRPD/C/IDN/CO/1

Convention on the Rights of Persons with Disabilities

Distr.: General

12 October 2022

Original: English

Committee on the Rights of Persons with Disabilities

Concluding observations on the initial report of Indonesia *

I.Introduction

1.The Committee considered the initial report of Indonesia at its 590th and 592nd meetings, held on 18 and 19 August 2022. It adopted the present concluding observations at its 609th meeting, held on 1 September 2022.

2.The Committee welcomes the initial report of Indonesia, which was prepared in accordance with the Committee’s reporting guidelines, and thanks the State party for its written replies to the list of issues prepared by the Committee.

3.The Committee appreciates the constructive dialogue held with the State party’s delegation in Geneva, and notes that the delegation was diverse and multisectoral and included representatives of the relevant government ministries.

II.Positive aspects

4.The Committee welcomes the measures taken by the State party to implement the Convention since its ratification in 2011.

5.The Committee also welcomes the legislative and policy measures taken to promote the rights of persons with disabilities, in particular:

(a)The adoption of Law No. 12 of 2022, in relation to the crime of sexual violence;

(b)The adoption of Law No. 8 of 2016, on persons with disabilities;

(c)The inclusion of actions regarding the rights of persons with disabilities in the National Action Plan on Human Rights;

(d)The establishment, through the Ministry of Law and Human Rights, of a working group on respect for and protection, fulfilment, enforcement and promotion of human rights for persons with psychosocial disabilities;

III.Principal areas of concern and recommendations

A.General principles and obligations (arts. 1–4)

6.The Committee notes with concern:

(a)The use, in laws and policies, of concepts and terminology that devalue and pathologize persons with disabilities and promote inequality and discrimination;

(b)The lack of an effective coordinating mechanism to ensure the implementation of the Convention and Law No. 8 of 2016 at all levels of government, including for the autonomous regions;

(c)The omission of measures within the National Action Plan for Persons with Disabilities to address serious violations in social care institutions for persons with psychosocial disabilities and to promote deinstitutionalization;

(d)That the State party has not yet ratified the Optional Protocol to the Convention.

7. The Committee:

(a)Recommends that the State party repeal or amend sections in legislation and policies, including Law No. 11 of 2009, concerning social welfare, and Law No. 11 of 2020, concerning job creation, that use devaluing concepts and terms for persons with disabilities, especially the term “penyandang cacat” (people with defects);

(b) Recommends that the State party create an effective coordinating mechanism to ensure the implementation of the Convention and Law No. 8 of 2016 across national, provincial, city and regency, and subdistrict levels to ensure that the same human rights standards are applied throughout the country;

(c) Recommends that the State party ensure that human rights issues concerning social care institutions for persons with psychosocial disabilities are included as a priority area within the National Action Plan for Persons with Disabilities;

(d) Encourages the State party to ratify the Optional Protocol to the Convention.

8.The Committee is concerned about the inadequacy of mechanisms for facilitating the close consultation and active involvement of persons with disabilities in decision-making processes concerning disability-related laws and policies and programmes to implement the Convention;

9. The Committee, recalling its general comment No. 7 (2018) on the participation of persons with disabilities, including children with disabilities, through their representative organizations, in the implementation and monitoring of the Convention, recommends that the State party strengthen and implement mechanisms at the national, provincial, city and regency, and subdistrict levels for the effective involvement of the diversity of persons with disabilities, through their representative organizations, in public decision-making processes, including for monitoring and reporting on the implementation of the Sustainable Development Goals.

B.Specific rights (arts. 5–30)

Equality and non-discrimination (art. 5)

10.The Committee notes with concernthe lack of harmonization across national, provincial, city and regency, and subdistrict levels of the equality provisions set out in the Convention, in particular with regard to protection against direct, indirect, multiple and intersectional discrimination, the denial of reasonable accommodation by State and non-State actors in all areas of public life, and the lack of a right of action and access to a remedy.

11. The Committee, recalling its general comment No. 6 (2018) on equality and non-discrimination and targets 10.2 and 10.3 of the Sustainable Development Goals, recommends that the State party adopt measures to harmonize legislation at the national, provincial, city and regency, and subdistrict levels to ensure comprehensive and uniform protection for all persons with disabilities from all forms of discrimination and to ensure right of action and access to a remedy.

Women with disabilities (art. 6)

12.The Committee notes with concern:

(a)Legislation that discriminates against women with disabilities, including Law No. 1 of 1974, concerning marriage, and article 6 (3) and (7) of Lampung Province regulation No. 17 of 2014, on exclusive breastfeeding;

(b)The lack of inclusion of a gender perspective in disability-related legislation and policies, and the lack of a disability perspective in gender-related legislation and policies, which leads to the further exclusion and inequality of, and discrimination against, women and girls with disabilities;

(c)The lack of a specific intersectional analysis for women and girls with disabilities, including those from indigenous groups, ethnic and religious minorities, and rural areas and remote islands, across all policy areas, including education, family, employment, justice and health.

13. The Committee, recalling its general comment No. 3 (2016) on women and girls with disabilities, and Goal 5 of the Sustainable Development Goals, recommends that the State party:

(a) Repeal or amend legislation that discrimina tes against women with disabilities, including Law No. 1 of 1974, concerning marriage and article 6 (3) and (7) of Lampung Province regulation No. 17 of 2014, on exclusive breastfeeding;

(b) Mainstream the rights of women and girls with disabilities in gender-related legislation and policies, and mainstream a gender perspective in disability-related legislation and policies, in close consultation with and with the active involvement of women and girls with disabilities;

(c) Include an intersectional analysis for women and girls with disabilities, including those from indigenous groups, ethnic and religious minorities, and rural areas and remote islands, across all policy areas, including education, family, employment, justice and health.

Children with disabilities (art. 7)

14.The Committee observes with concern the absence of policies, mechanisms and processes for consulting with children with disabilities, including in connection with children’s forums conducted under Law No. 35 of 2014, and to enable them to express their views in all matters concerning them.

15. The Committee, recalling its joint statement with the Committee on the Rights of the Child on the rights of children with disabilities (2022), recommends that the State party establish policies, mechanisms and processes to facilitate the effective participation of children with disabilities within children’s forums and in decision-making processes to ensure that they can express their views freely on all matters affecting them on an equal basis with other children.

Awareness-raising (art. 8)

16.The Committee is concerned about:

(a)The lack of a national strategy for awareness-raising activities and campaigns to foster respect for the rights and dignity of persons with disabilities;

(b)The limited participation of persons with disabilities, including persons affected by leprosy and children with disabilities, and their representative organizations in awareness-raising programmes on the rights of persons with disabilities.

17. The Committee recommends that the State party:

(a) Adopt a national strategy to raise awareness throughout society, particularly among persons with disabilities, their parents and other family members, professional groups and government officials at all levels, regarding the rights and dignity of persons with disabilities, in order to combat stereotypes, prejudice and harmful practices in all aspects of life;

(b) Strengthen measures for close consultation with and the active participation of organizations of persons with disabilities, including organizations of persons affected by leprosy and children with disabilities, in the design, development and delivery of awareness-raising programmes about the rights and dignity of persons with disabilities.

Accessibility (art. 9)

18.The Committee notes with concern:

(a)The absence of comprehensive national accessibility legislation and a comprehensive strategy,across all levels of government, that include accessibility standards, monitoring and enforcement mechanisms and that cover all areas, including the physical and built environment, housing, transportation, and information and communications technology;

(b)The lack of implementation of regulation No. 42/2020 concerning accessibility to settlements, public services, and protection from disasters for persons with disabilities;

(c)The use of the Indonesian Signal System sign language for public information, as it is not well understood by the deaf community, many of whom prefer and use Indonesian Sign Language.

19. The Committee, recalling its general comment No. 2 (2014) on accessibility, recommends that the State party:

(a) Adopt comprehensive national accessibility legislation and a comprehensive strategy, across all levels of government, that include accessibility standards, monitoring and enforcement mechanisms in all areas, including the physical and built environment, housing, transportation, information and communications technology, and facilities and services open to the public, with the necessary budget allocations;

(b) Ensure the effective implementation of regulation No. 42/2020 on accessibility to settlements, public services, and protection from disasters for persons with disabilities;

(c) Closely consult with and actively involve the Indonesian deaf community in order to strengthen the accessibility of public information through the use of preferred sign languages, including Indonesian Sign Language.

Right to life (art. 10)

20.The Committee notes with concern reports of deaths in social care institutions and the lack of a framework for investigations, standards of care and safeguards, monitoring, reporting and accountability, including sanctions.

21. The Committee recommends that the State party establish a comprehensive quality and safeguard framework for social care institutions that includes investigation, monitoring, reporting and accountability mechanisms, including sanctions, until deinstitutionalization is achieved.

Situations of risk and humanitarian emergencies (art. 11)

22.The Committee is gravely concerned about the lack of information about the situation in West Papua and how the State party is protecting and safeguarding West Papuans with disabilities in the context of ongoing armed clashes in conflict areas.

23. The Committee recommends that the State party end the conflict in West Papua, take steps to pass the pending bill on indigenous peoples, conduct an independent investigation into the situation in West Papua, including in relation to persons with disabilities, ensure that unrestricted humanitarian aid and relief reaches West Papuans with disabilities, including internally displaced people with disabilities, and implement protection measures to safeguard West Papuans with disabilities.

24.The Committee is concerned about the exclusion of refugees, asylum-seekers and stateless persons with disabilities from the narrow interpretation of the provisions of Law No. 8 of 2016, and their limited access to education, the health-care system and other social services.

25. The Committee recommends that the State party explicitly recognize that Law No. 8 of 2016 also applies to refugees, asylum-seekers and stateless persons and enable their access to education, the health-care system and other social services, including by providing accessible information about these services.

26.The Committee notes with concern the absence of a comprehensive disaster risk reduction framework, including laws, prevention and response plans, and specific protection and assistance for persons with disabilities, developed in close consultation with and with the active involvement of persons with disabilities through their representative organizations.

27. The Committee recommends that the State party adopt, in close consultation with persons with disabilities, through their representative organizations, a comprehensive disaster risk reduction framework, including prevention and response plans, and specific protection and assistance for persons with disabilities in accordance with the Sendai Framework for Disaster Risk Reduction 2015–2030, the Paris Agreement and Sustainable Development Goals 11 and 13.

28.The Committee is concerned that persons with disabilities have been disproportionately affected by the coronavirus disease (COVID-19) pandemic, in particular those in institutions and women and girls with disabilities, and that there is a lack of accessible emergency information targeting persons with disabilities.

29. The Committee, recalling the guidance on COVID-19 and the rights of persons with disabilities issued by the Office of the United Nations High Commissioner for Human Rights, and the United Nations policy brief on a disability-inclusive response to the COVID-19 pandemic, recommends that the State party:

(a) Mainstream disability in its COVID-19 response and recovery plans, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, including in relation to gender-sensitive accessible emergency information, equal access to vaccines, and other economic and social programmes to address the negative impact of the pandemic;

(b) Relocate persons with disabilities from institutions to community living settings with appropriate support.

Equal recognition before the law (art. 12)

30.The Committee is concerned that under national legislation, people can be deemed as lacking competence, in particular persons with psychosocial disabilities and persons with intellectual disabilities, and be placed under conservatorship.

31. The Committee recommends that, in line with its general comment No. 1 (2014) on equal recognition before the law, the State party review Law No. 18 of 2014, on mental health, articles 433 and 434 of the Civil Code, the Criminal Code and article 32 of Law No. 8 of 2016, with a view to harmonizing them with the Convention to guarantee the right of all persons with disabilities to equal recognition before the law and to establish supported decision-making mechanisms in all areas of life.

Access to justice (art. 13)

32.The Committee is concerned about the limited access to justice for persons with disabilities, including the lack of physical access to courts and other justice facilities, attitudinal barriers and prejudice among court personnel, and the lack of procedural and age- and gender-sensitive accommodations, such as the provision of trained personnel to guide persons with disabilities through judicial processes, and sign language interpreters.

33. The Committee, recalling the International Principles and Guidelines on Access to Justice for Persons with Disabilities, and target 16.3 of the Sustainable Development Goals, recommends that the State party:

(a) Adopt an action plan on access to justice for persons with disabilities, including measures to eliminate physical and attitudinal barriers to all justice facilities, and implement the legal, administrative and judicial measures necessary for the effective participation of persons with disabilities in all stages of the judicial process;

(b) Make procedural and age-sensitive adjustments, including the provision of individualized assistance, to ensure that persons with disabilities can participate effectively in the various aspects of legal proceedings;

(c) Ensure access to alternative and augmentative modes of information and communication for use throughout legal proceedings, such as Braille, sign language, Easy Read and audio and video transcription;

(d) Strengthen training on the Convention for justice and law enforcement officials, including in rural areas and on remote islands.

Liberty and security of person (art. 14)

34.The Committee is concerned about deprivation of liberty on the basis of impairment, in particular for persons with psychosocial disabilities or intellectual disabilities.

35. The Committee, recalling its guidelines on the right to liberty and security of persons with disabilities, recommends that the State party repeal all provisions that allow for the deprivation of liberty on the basis of impairment, including those contained in Law No. 8 of 2016, on persons with disabilities, and Law No. 18 of 2014, on mental health, and provisions and practices at provincial and district levels.

Freedom from torture or cruel, inhuman or degrading treatment or punishment(art. 15)

36.The Committee is gravely concerned about:

(a)The prolonged use of harmful and forced practices against persons with psychosocial disabilities, such as shackling, seclusion and restraints, and their continued widespread use in families, in the community and in government and privately run social care institutions;

(b)The prevalence of systemic violence, including sexual violence, neglect and cruel and degrading treatment in social care institutions and faith-healing centres, including the removal of children from mothers with psychosocial disabilities, and the lack of complaints and redress mechanisms.

37. The Committee recommends that the State party:

(a) Prohibit the use of sh ackling, seclusion and all forms of restraints in all settings, including within family settings and in social care institutions , and develop and promote non-coercive, community-based mental health supports and services;

(b) Establish an independent monitoring, safeguard and complaints mechanism that is accessible to all persons with disabilities in all settings, to receive complaints and to investigate and sanction institutions, centres and perpetrators of harmful and for ced practices, violence, neglect and other cruel and degrading treatment.

Freedom from exploitation, violence and abuse (art. 16)

38.The Committee notes with concern:

(a)The existence of practices related to exploitation, forced labour and trafficking of persons with disabilities, such as using them as beggars, drug couriers or low-paid workers;

(b)The high levels of exploitation, violence and abuse experienced by persons with disabilities, in particular women and children with disabilities, and the lack of accessible victim support services, protective and complaints mechanisms and effective remedies;

(c)The ineffective application of the law on sexual violence due to the limited definition of rape and the lack of prohibition of marital rape in the Penal Code, the fact that the Penal Code does not reflect the experience of women and girls with disabilities, and the lack of resources and financial aid to conduct forensic reports and DNA testing;

(d)The lack of information and disaggregated data regarding violence against women and girls with disabilities, including in relation to complaints.

39. The Committee recommends that the State party:

(a) Implement measures to prevent and punish exploitation, forced labour and trafficking for the purpose of labour exploitation of persons with disabilities, including the practice of using them as beggars, drug couriers and low-paid workers;

(b) Adopt a comprehensive strategy, in close consultation with persons with disabilities, to prevent and respond to all forms of exploitation, violence and abuse, including specific gender- and age-sensitive measures, an accessible independent complaints mechanism and appropriate remedies, and accessible victim support services;

(c) Amend the Penal Code to prohibit marital rape and to reflect broader definitions of rape that recognize the experience of women and girls with disabilities, and ensure resources and financial aid for forensic reports and DNA testing;

(d) Ensure that robust disaggregated data is collected on violence against persons with disabilities , including gender-based violence against women and girls with disabilities, in the private and public spheres .

Protecting the integrity of the person (art. 17)

40.The Committee is concerned about the prevalence of medical interventions, including psychiatric interventions, imposed on persons with disabilities without their informed personal consent, and forced contraception for and forced sterilization of women and girls with disabilities.

41. The Committee recommends that the State party prohibit forced medical interventions, including forced psychiatric interventions, forced contraception and forced sterilization of persons with disabilities, in public and private institutions.

Freedom of movement and nationality (art. 18)

42.The Committee observes with concern the lack of sufficient information, facilities, and infrastructure that guarantee that children and adults with disabilities, including persons with intellectual or psychosocial disabilities, can easily obtain documents of citizenship (resident identification card, birth certificate, passport, national identification number, marriage certificate and divorce certificate), resulting in people with disabilities, including indigenous peoples with disabilities, not having identification cards or family cards.

43. The Committee recommends that the State party ensure access to documents of citizenship, including identity documents and civil registry documents, for persons with disabilities, including indigenous peoples with disabilities, to ensure that they can obtain personal identification cards and family cards.

Living independently and being included in the community (art. 19)

44.The Committee notes with concern:

(a)The absence of a deinstitutionalization strategy for persons with disabilities, including children with disabilities, placed in residential institutions, social care institutions, hospitals, halfway homes and rehabilitation centres;

(b)The lack of gender- and age-sensitive community-based support services to implement independent living for persons with disabilities, including persons with psychosocial or intellectual disabilities.

45. The Committee, recalling its general comment No. 5 (2017) on living independently and being included in the community and its guidelines on deinstitutionalization, including in emergencies, adopted in 2022, recommends that the State party:

(a) Adopt a strategy for the process of deinstitutionalization of adults and children with disabilities who reside in residential and social care institutions, hospitals, halfway homes and rehabilitation centres;

(b) Establish a community-based support system for independent living with an allocated budget that includes social protection, employment, housing, health care, education and any other support required for persons with disabilities to choose where and with whom they live and to live independently and participate in the community.

Personal mobility (art. 20)

46.The Committee notes the lack of access to quality mobility aids and assistive devices and technologies that are available at an affordable cost, and the lack of locally made aids and devices, which leads to importation at high prices and the imposition by the State party of additional taxes.

47. The Committee recommends that the State party ensure the affordability of assistive devices, including by adopting tax and customs exemptions for the purchase of mobility aids and assistive devices and technologies, and provide financial and capacity support for local enterprises to manufacture aids for the local market.

Freedom of expression and opinion, and access to information (art. 21)

48.The Committee notes with concern:

(a)The lack of age-sensitive mechanisms to ensure access to information, communication, assistive devices and assistive technologies and sign language instruction for children with disabilities;

(b)The lack of sign language interpreters and programmes to ensure that deaf people have access to sign language interpreters of their choice in official interactions;

(c)The lack of information in accessible formats, such as Easy Read, plain language, captioning, sign language, Braille, audio description, and tactile, augmentative and alternative means of communication, from government, public and private media outlets, and on websites that provide public information.

49. The Committee recommends that the State party:

(a) Establish age-sensitive mechanisms to ensure access to information, communication, assistive devices and assistive technologies and sign language instruction for children with disabilities;

(b) Implement measures, in close consultation with and with the active involvement of the deaf community, to increase the number of sign language interpreters and to facilitate access to sign language interpreters of choice for official interactions;

(c) Establish a legal and policy framework to ensure for all persons with disabilities the accessibility of all public information, including from television and other media services, in accessible formats such as Braille, deafblind interpretation, sign language, Easy Read, plain language, audio description, captioning and subtitles, and allocate adequate funding for implementation.

Respect for home and the family (art. 23)

50.The Committee is concerned about the lack of support for children with disabilities and their families, in particular children with disabilities who require high levels of support in rural and remote areas, and for parents with disabilities to carry out their parental responsibilities.

51. The Committee recommends that the State party adopt legislative and other measures to ensure adequate support for children with disabilities and their families, including for children with disabilities who require high levels of support in rural and remote areas, and to ensure support for parents with disabilities to raise their children, including for those in rural and remote areas.

Education (art. 24)

52.The Committee notes with concern:

(a)The limited efforts towards achieving inclusive education, the prevalence of special schools and classes and the lack of mechanisms to ensure access to the education system at all levels for persons with disabilities;

(b)That there is a lack of accessible learning material, alternative communication and information methods and training for teachers on Braille and sign language interpretation and other specialist services to improve the quality of inclusive education, particularly in rural and remote areas;

(c)The expulsion of children from school because they or their parents are affected by leprosy.

53. Recalling its general comment No. 4 (2016) on the right to inclusive education, and target 4.5 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Develop an inclusive education strategy, with specific targets and timelines and a specific budget, and coordinate responsibilities among national, provincial and city and regency levels, covering all levels of education;

(b) Establish disability service units in all regions and at all educational levels to facilitate the provision of accessible learning materials, alternative communication and information methods, such as inclusive digital access, Easy Read, Braille, sign language, communication aids, and assistive and information technology, and to ensure teacher training in sign language and Braille, including in rural and remote areas;

(c) Develop policies and strategies to address the stigma of and misinformation about leprosy in the education system and to ensure the participation of children affected by leprosy or children whose parents are affected by leprosy in inclusive education.

Health (art. 25)

54.The Committee notes with concern:

(a)Information about physical barriers faced by persons with disabilities in gaining access to health services and equipment, particularly in rural and remote areas;

(b)The lack of access to sexual and reproductive health services and age-appropriate education for children and adults with disabilities, particularly for indigenous persons with disabilities and women and girls with disabilities, including persons with intellectual or psychosocial disabilities;

(c)Information about persons with disabilities not qualifying as beneficiaries of health insurance assistance, according to Decree No.146/HUK/2013 of the Minister of Social Affairs, resulting in lower standards of health services;

55. Taking into account the linkages between article 25 of the Convention and targets 3.7 and 3.8 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Strengthen action plans to ensure the accessibility and availability of health services and equipment for persons with disabilities, particularly in rural and remote areas;

(b) Provide children and adults with disabilities, in particular indigenous persons with disabilities and women and girls with disabilities, with access to sexual and reproductive health services and age-appropriate education;

(c) Ensure that public health insurance guarantees full coverage of all persons with disabilities, including persons with intellectual or psychosocial disabilities.

Work and employment (art. 27)

56.The Committee notes with concern:

(a)That the provision in Law No. 8 of 2016, on persons with disabilities, which allows for a minimum of 2 per cent of jobs in the public sector to be reserved for persons with disabilities, has not been widely implemented for underrepresented groups of persons with disabilities, such as persons with intellectual and/or psychosocial disabilities;

(b)That the measures taken to promote the employment of persons with disabilities in the private sector are insufficient to ensure access to the open labour market by persons with disabilities, especially women with disabilities, who often face gender-based discrimination and larger pay gaps;

(c)The attitudinal, physical, communication and environmental barriers that prevent access to employment;

(d)The requirement, under Law No. 36 of 2009, on health, for prospective employees to obtain a mental health certificate when applying for a job in the public sector, institutions within the government, State-owned enterprises and private companies, which disproportionately affects persons with psychosocial disabilities seeking employment.

57. The Committee recommends that the State party, in line with target 8.5 of the Sustainable Development Goals:

(a) Expedite the implementation of the reservation of 2 per cent of jobs for underrepresented groups of persons with disabilities, while taking effective measures to combat discrimination, particularly in relation to recruitment processes, reasonable accommodation, retraining, promotion and other rights related to work and employment;

(b) Strengthen measures to ensure that all persons with disabilities, including women with disabilities, have access to work and employment in the open labour market and to inclusive work environments, including for persons with disabilities living in rural and remote areas and persons with intellectual disabilities or psychosocial disabilities;

(c) Adopt measures to address attitudinal, physical, communication and environmental barriers, including negative attitudes held by employers, physical barriers in the workplace, the lack of alternative means of information and communication, and the lack of accessible transportation;

(d) Repeal provisions in Law No. 36 of 2009, on health, that require prospective employees to obtain mental health certificates, and ensure that the Convention standard of non-discrimination is applied in all recruitment processes for the public sector, institutions within the government, State-owned enterprises and private companies.

Adequate standard of living and social protection (art. 28)

58.The Committee notes with concern the high number of persons with disabilities, including indigenous people with disabilities, living in poverty and without a regular source of income, and the absence of a comprehensive social protection system guaranteeing to persons with disabilities and their families access to an adequate standard of living, including resources to cover expenses related to disability.

59. Recalling the linkages between article 28 of the Convention and target 10.2 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Develop social protection and poverty reduction strategies targeting persons with disabilities;

(b) Set up a universal social protection scheme to ensure an adequate standard of living for persons with disabilities, including through systems of compensation in the form of allowances to cover disability related costs;

(c) Include a disability perspective in programmes to promote an adequate standard of living, in particular programmes to increase access to public housing for persons with disabilities, including for those who want to leave institutions.

Participation in political and public life (art. 29)

60.The Committee notes with concern:

(a)The lack of measures taken to ensure the participation in political and public life of persons with disabilities, particularly underrepresented persons, such as deaf persons, persons with intellectual disabilities, persons with psychosocial disabilities, deafblind persons and women with disabilities;

(b)The lack of accessibility with regard to polling stations and voting procedures, facilities and materials, and to information about elections, including public electoral debates, electoral programmes and online or printed election materials;

(c)The lack of information and training for election officers to respond to the access needs of persons with disabilities who are registered to vote.

61. The Committee recommends that the State party:

(a) Implement specific measures to ensure the equality and participation of underrepresented groups of persons with disabilities, including deaf persons, persons with intellectual disabilities, persons with psychosocial disabilities, deafblind persons and women with disabilities;

(b) Ensure that polling stations, electoral and voting procedures and facilities, and online or printed election materials are accessible to all persons with disabilities;

(c) Develop information and training for election officers to ensure the appropriate response to the access needs of persons with disabilities.

Participation in cultural life, recreation, leisure and sport (art. 30)

62.The Committee is concerned at the limited efforts undertaken to provide accessibility and infrastructure that guarantee persons with disabilities equal enjoyment of sites of cultural value, including in cultural buildings, theatres and tourist sites.

63. The Committee recommends that the State party adopt measures to ensure that persons with disabilities can participate in cultural life, recreation, leisure and sport on an equal basis with others.

C.Specific obligations (arts. 31–33)

Statistics and data collection (art. 31)

64.The Committee notes with concern:

(a)Serious shortcomings regarding data and statistics on the situation of persons with disabilities at the national, provincial, city and regency and subdistrict levels, including a lack of disaggregated data and uniform methodology and interpretation;

(b)The lack of disaggregated data, including in relation to the situation of women and girls with disabilities, children with disabilities and indigenous persons with disabilities;

(c)The lack of comprehensive quantitative and qualitative research about the situation of persons with disabilities, including women and girls with disabilities and indigenous persons with disabilities.

65. The Committee recommends that the State party:

(a) Strengthen the data - collection system in order to comprehensively collect disaggregated data on persons with disabilities at the national, provincial, city and regency and subdistrict levels, using uniform methodology and interpretation, including the Washington Group short set of questions on functioning for the national census;

(b) Broaden data collection on persons with disabilities to include disaggregated fields, such as age, sex, race, ethnicity, gender identity, sexual orientation and indigenous status;

(c) Develop a comprehensive research programme to facilitate quantitative and qualitative research on the situation of persons with disabilities and promote the use of disability-inclusive research methodologies;

(d) Ensure that all data - collection systems and procedures respect the confidentiality and privacy of persons with disabilities.

International cooperation (art. 32)

66.The Committee notes with concern the inconsistency of consultation with organizations of persons with disabilities, including organizations of women with disabilities, on international multilateral cooperation programmes.

67. The Committee recommends that organizations of persons with disabilities, including organizations of women with disabilities, be closely consulted and actively involved at all stages of the development and implementation of international cooperation plans, programmes and projects.

National implementation and monitoring (art. 33)

68.The Committee notes that the national commission on disability lacks the independence required under Law No. 8 of 2016, as it is under the Ministry of Social Affairs, and that the State party has not established an independent monitoring mechanism for Convention implementation.

69. The Committee recommends that the State party provide the national commission on disability with structural and financial independence and designate an independent monitoring mechanism, which should include the National Commission on Human Rights of Indonesia, and ensure the effective involvement and participation of persons with disabilities through their representative organizations.

IV.Follow-up

Dissemination of information

70. The Committee emphasizes the importance of all the recommendations contained in the present concluding observations. With regard to urgent measures that must be taken, the Committee would like to draw the State party’s attention to the recommendations contained in paragraphs 15, on children with disabilities, 19, on accessibility, and 33, on access to justice.

71. The Committee requests the State party to implement the recommendations contained in the present concluding observations. It recommends that the State party transmit the concluding observations for consideration and action to members of the Government and the p arliament, officials in relevant ministries, local authorities and members of relevant professional groups, such as education, medical and legal professionals, as well as to the media, using modern social communication strategies.

72. The Committee strongly encourages the State party to involve civil society organizations, in particular organizations of persons with disabilities, in the preparation of its periodic report.

73. The Committee requests the State party to disseminate the present concluding observations widely, including to non-governmental organizations and organizations of persons with disabilities, and to persons with disabilities themselves and members of their families, in national and minority languages, including sign language, and in accessible formats, including Easy Read, and to make them available on the government website on human rights.

Next periodic report

74. The Committee requests the State party to submit its combined second to fourth periodic reports by 30 December 2026 and to include in them information on the implementation of the recommendations made in the present concluding observations. The Committee also requests the State party to consider submitting the above-mentioned reports under the Committee’s simplified reporting procedure, according to which the Committee prepares a list of issues at least one year prior to the due date set for the report of a State party. The replies of a State party to such a list of issues constitute its report.