![handle is hein.journals/ajal15 and id is 1 raw text is: Australian Journal of Asian Law, 2014, Vol 15 No 1, Article 1: 1-15
Disability Rights in Indonesia? Problems with
Ratification of the United Nations Convention on the
Rights of Persons with Disabilities*
Nicola Edwards4
This article examines the state of disability rights in Indonesia. The author argues that although Indonesia has paid lip
service to the rights of people with disabilities by ratifying the United Nations Convention on the Rights of Persons with
Disabilities in 2011, domestic laws that violate immediately-realisable CRPD rights remain in force, the available enforcement
mechanisms for existing disability rights are weak and unclear, and even the limited rights of people with disabilities
established in pre-2011 legislation remain largely unenforced. Although Indonesia has expressed support for the rights of
people with disabilities by signing and ratifying the CRPD, little practical progress has been made in advancing these rights
in the following two and a half years.
When Shuijb Chalklen. the Unitel Nalions Special Riapporteur on )isability. visiled Yogyakarta
in June 201: he hal to be carriedl onto the aiircraft by cabin staf T beca)use (Gairuda failed to pro>vile a1
suitable wheelcha ir (NatiIhd libraii. 201:). The flc Ihal the RIpporteur hal no choice but to
engage in this '[unilignified waly ['of] cloing things'1 is ironic. Is he wIs in Ind nesia to lead)! 1
diaMlogue on ho>w to enhance the lomeslic implemenallion of the Convention on the Rihlts of
Persons with /)isabilities ('C'P)'). Ihe purpose of which is. inter a1lia,. to promole the 'inherent
ignity' of people with isaIbilities.\lthough Inonesia rtilfiel the Convention on 10 November
2()11.( Gruda's failure to ensure a ecessibility for the Special RIpporteur is inlicalive of the extent
Ito which the rights olpeople with clisabilities continue to> be overlo>>kedl.
This article exaimines the rights o>fpeople with clisaibilities in Indonesia, arguing haIlthough
two ;nd a hlfyears have elIpsel since raiict iIion of the ClDl). Ihe folrmal legial righs ol people
with disahilities still fall consiclerIbly bel>w ClRDl) sI;nIdIrds,. a1nd even when uthorilies recognise
Ihal parlicular rights lo exisI these Ire often left unenlircedl. The aIrlicle firstly outlines the
significance of the CP). arguing that Law No 4 of 1997 on the I Ianlicippedl. anl Lw No 39 of
1999 on Iluman lighis cnnot be reconcilel with the new theorelical unclerstaindling of 'lisa bility'
Thanks > .Nicholas as';uons. Matt ';usons anl Rosiew er for ;dvice on e;arlior dIrafts, as well as tu the two
anonymous review ers olr iheir helpful conments. All errors of course mniin ihe fault of ihe author.
.Nicola Eards is studying an Sc luman ights at the .onlon School of IEonomics,. where she is funlel by the
Sydney University Hannah Fullerton Scholarship. In A\ust rAlia. she is a Juris Dotor stuelnt at the University of New
Sout h Wales, where she also works as a research assistant fir the L.a Faculy. She has a (achelor of Arts (Languages)
(Hons) majoring in Indonesian Studios from the Universit y of Sydney, for which she won the university medal. She is a
member of the In side Indonesia editorial collective and the University of New South Wales Law Journal Board.
1 Shuaib Chalklen noted 'When I landed in Yogyakarta, there wasn't any proper equipment to take me from the aircraft
to my wheelchair... When I returned to Jakarta, they had to carry me onto the plane, up the steps, which is not a
dignified way to doing things, and is dangerous' (Natahadibrata, 2013).
2 Article 1 of the CRPD explains: 'The purpose of the present Convention is to promote, protect and ensure the full and
equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect
for their inherent dignity.'
3 The Convention was ratified with Undang-Undang Negara Republik Indonesia Nomor 19 Tahun 2011 Tentang
Pengesahan Convention on the Rights of Persons with Disabilities (Konvensi Mengenai Hak-hak Penyangdang
Disabilitas) [Law No 19 of 2011 About Ratification of the Convention on the Rights of Persons with Disabilities]. Unless
otherwise mentioned, all translations in this article are by the author.
4 A comprehensive analysis of the rights of people with disabilities in Indonesia would require both a more wide-reaching
audit of the law and fieldwork comprising qualitative and quantitative research methods. Such research is beyond the
limited scope of this article, which instead aims to give a preliminary analysis of the key issues and as such is situated
in the 'structural phase' of the OHCHR's (2012: 27-44) framework of human rights indicators. There is considerable
scope for future research assessing process indicators and outcome indicators. The scope of the article is also limited to
considering the rights of people with physical and intellectual disabilities, and does not extend to an analysis of the
rights of people suffering from mental illness.](ViewImageLocal?handle=hein.journals/ajal15&div=1&collection=&method=preview&ext=.png&size=3)
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