Saturday, May 11, 2024 | 20:22 WIB

Towards an Inclusive Bureaucracy: Disability Inclusion in the Public Sector

Jakarta, IO – An estimated 23 million persons with disabilities (PWD) in Indonesia lack access to crucial supportive technologies. This could cost the global economy up to 7% on average of annual GDP – one of the outcomes of a public discussion on disability inclusion by KATALIS, a program sponsored by the Indonesia – Australia Comprehensive Economic Partnership Agreement (IA-CEPA) in Jakarta, on 26 September 2023.

According to KATALIS, the majority of PWD in Indonesia are elderly and female, consistently have lower levels of education, are in poorer health, and have less access to public services, as well as enduring more constrained economic options. Indonesia is only ranked 115th in the global inclusiveness index for 2020.

The Government of Indonesia (GOI) has made significant progress pertaining to the rights of PWD, through Law number 8 of 2016. Ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and Sustainable Development Goals (SDGs) include a vow to leave no one behind underlines GOI dedication for inclusivity.

Norman Y
H. Norman Yulian is Chairman of Central Executive Board at Indonesian Association of Persons with Disabilities (DPP PPDI).

Article 53 of the Law 8/2016 has mandated the central and regional government, state-owned (BUMN), and regional-owned (BUMD) enterprises employ at least 2% of PWD from its total roster of employees. Private sectors are required to hire at least 1%. Affirmative policy has been emphasized by article 132 of Law 5/2014, that the state civil apparatus (ASN) management and policies must highlight PWD in its consideration. However, the way it is applied still exhibits bias.

The minimum percentage of PWDs which the current total ASN of about 4.2 million is required to employ is 2%. Specifically, at least 85,648 PWD need to have been employed as ASN. The government opened a number of formations for PWD from 2013, with an annual average of 2,000–3,000 personnel. Consequently, since the publication of this statute, the target of at least 2% have not been realized.

Additionally, there are institutions which did not open PWD formations now or in the past. Even the Corruption Eradication Commission (KPK) has not yet established a disability-inclusive organization for this year. As a result, PWD are unable to serve as ASN at the KPK, and contribute to the agenda fighting corruption.

According to Simandjorang & Kurniawan (2022), the GOI opened 2,574 formations for PWD in 2019. However, only 1,865 people applied. Ironically, there were 2,158 who were declared to have passed the selection. Because of GOI optimization policy, the vacant positions had to be filled by non-disabled persons. This unfortunate policy continues to be repeated after 2019, as in 2022.

Bonataon
Bonataon M.T. Vincent Simandjorang is Researcher at Research Center for Public Policy, National Research and Innovation Agency (PRKP BRIN).

As a G-20 member, the GOI ought to adopt best practices from a number of other nations, such as the United Kingdom (UK). Civil servants with disabilities number 14% in 2022, up significantly from 1.3% in 1988, but still below the norm of 15.5% for PWD in the UK. 8.8% of managerial positions are held by PWD. UK also set a Disability Confident pledge and Civil Service Disability Network (CSDN), in an effort to spur policies towards disability inclusion for civil servants.

Even in Germany, employers in the public and private sectors must fill 5% of their positions with PWD. Each open spot that is not filled by an agency results in a monthly fine. PWD are given extra protection from unilateral dismissal. In Hong Kong, the government proactively asks candidates with PWD if they require any support or accommodations.

In order to meet the right to a minimum quota of 2% that has been stipulated by the Law, the state must be present. A thorough evaluation in all public institutions is required. This includes state organizations that still do not place high awareness on affirmation quotas for PWD, like Bank Indonesia, several BUMN and BUMD. Through outreach to PWD organisations, the GOI needs to actively engage and use a variety of platforms to connect with PWD. GOI should optimize PWD formations in wise ways.

Affirmative action is required for ASN recruitment selection procedures regarding PWD. Finding affirmation formations for PWD, which are posted on the ASN Career website, is still quite challenging for PWD. Other aspects that need to be considered are the age limit of only 35 years when registering, passing exams that are too burdensome, especially during the general intelligence test (TIU), the choice of position formation that is not in accordance with the PWD’s educational background and the duration of the test, which is still not enough.

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The best interview tests are competency-based interviews (CBI), in order to minimize bias. Interviewers are required to focus only on the applicant’s competencies. Apart from the need to include assessors and experts from groups of PWD in the selection process for ASN candidates, interviewers and test-implementing committees need to undergo training and certification to increase disability awareness and equity services for PWD, as has been successfully done in Ireland.

GOI and the House of Representatives (DPR) must include this matter in the revision of the ASN Law 5/2014 that is currently being discussed and must also create a road map for achieving the minimum 2% quota rights for PWD, additionally making sure there is an adequate action plan for acquisition, career, competency, talent management, work infrastructure and environment for ASN with PWD conditions. It should be able to reach at least 5% quotas gradually in the next few years. PWD must therefore be given top priority for amendment of the Law of ASN, equal treatment as 3 million honorary workers at central and regional government become ASN.

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