Update of the Head of BNPB Regulation No. 14/2014 Encourages the Fulfillment of the Rights of the Rights of People with Disabilities in Disaster Management

The availability of complete disaggregated data and meaningful involvement of people with disabilities are keys to fulfilling their rights in disaster management. Without these two things, the implementation of regulations related to people with disabilities in disaster management will not be carried out properly, therefore it will have minimal impact.

This was raised in a Focus Group Discussion (FGD) organised by the National Disaster Management Agency (BNPB) and the SIAP SIAGA Program in Jakarta (25/3). This hybrid FGD had a theme of ‘Assessing BNPB Regulation No. 14 of 2014 concerning the Handling, Protection, and Participation of People with Disabilities in Disaster Management’. Around 70 participants were present in the discussion, including representatives from BNPB, the Australian Embassy, the Indonesian Women with Disabilities Association (HWDI), the Disability Service Unit (ULD) of Central Java PB, Arbeiter Samariter Bund (ASB) of Indonesia and the Philippines, and the Regional Disaster Management Agency (BPBD) of East Java Province, Mercy Corps Indonesia, SIAP SIAGA, Pujiono Center, Pertuni Bali, Pertuni East Java and other Organisations of People with Disabilities.  

The issue of data availability as the basis for the BNPB Head Regulation (Perka) No.14 of 2014 was highlighted by almost all of the speakers and participants. The three speakers all underlined the importance of disaggregated data on people with disabilities and women as the basis for implementing the regulation. The three speakers were the Chair of the Indonesian Disability Commission, Dante Rigmalia, the Commissioner of the National Commission for Women, Bahrul Fuad, and the Head of the Disability Service Unit of BPBD Central Java Province, Edy Supriyanto. 

“Disability is not only about the assisting tools used but also about data. Disaggregated data is a database for disaster management,” said Bahrul Fuad. 

The regulation, continued Bahrul, is related to data, so it is very important to ensure its availability and quality. He gave an example of every village in DKI Jakarta having disability disaggregation data. Therefore, its preparedness system is ready to handle disasters. “Each region must have data to identify the needs of people with disabilities to prepare human resources for treatment. BPBD must then prepare the necessary facilities so that they can be used during emergency response,” he said. 

Dante Rigmalia added that policymaking related to people with disabilities must use data derived from identification and mapping. Intellectual disability data, for example, must be mapped based on disability details. Meanwhile, physical disability data must include access issues. “The disaggregated data should indeed exist from the beginning as a database, so we can also expect the involvement of people with disabilities from the pre-disaster stage to provide disaster education, for example, on the preparedness of families and residents,” he said. 

The existence of disaggregated disability data will enable the identification of the needs of people with disabilities, making it possible to provide them accurately. For example, accessible information for those who need it in audio, sign language, or braille format. Another example is by providing evacuation vehicles accessible to wheelchair users and people with limited mobility. 

The Head of the Subdirectorate for Natural Resources and Environmental Recovery and Productivity Improvement of BNPB, Asep Supriatna, said that the application of disaggregated data in every stage of disaster management needs to be continuously encouraged. Until now, the process of developing contingency plans has not included disaggregated data. This is an important note for BNPB and BPBD. “As a BNPB employee, (I) have not had any capacity building and sensitivity training on people with disabilities. This is important because a regulation can only be effective if it is understood by the people implementing it,” he said. 

The BNPB Primary Secretary, Rustian, said that this was the second FGD after the first one was held on February 6, 2024. One of the important notes from the first FGD is the need to harmonise The Head of BNPB Regulation No. 14/2014 with Law No. 8 of 2016 concerning People with Disabilities. Therefore, this series of FGDs is important because the regulation discussed is the foundation for upholding basic principles of the involvement of people with disabilities in disaster management; thus, it needs to be updated to remain relevant. “After all, this regulation is 10 years old, so it must be updated again,” he said. 

Meaningful Involvement

In addition to disaggregated data, the attending parties were concerned about the involvement of people with disabilities. The First Secretary of DFAT Australia, Catherine Meehan, conveyed that until now, discrimination against people with disabilities in disaster management is still happening, including during rehabilitation and reconstruction. The series of FGDs were held so that relevant parties could comprehensively formulate the fulfilment of the rights of people with disabilities in disaster management within BNPB and BPBD and in developing a disaster management strategic plan (Renstra) in Indonesia while encouraging the involvement of people with disabilities in an inclusive manner.

According to Dante, meaningful involvement of people with disabilities means providing equal opportunities to participate and contribute to the entire planning, implementation, supervision, and evaluation processes of disaster management programs. Meaningful involvement of people with disabilities at all stages will ensure more accurate need identification because even people with the same physical disabilities do not necessarily have the same needs.

Regarding involvement, Edy Supriyanto said that the Disability Service Unit (ULD), which has been regulated in Perka BNPB 14/2014, has not mentioned the involvement of people with disabilities. “We need to build the capacity of all disaster management actors to unlock opportunities for people with disabilities to be involved meaningfully,” he said.

Several matters in Perka 14/2014 that also need to be revised, according to the speakers, are issues of the lack of differentiation between disaster types and the distinction between disabilities that existed before the disaster struck and those that were caused by the disaster. This distinction is necessary because the needs of these two types of disabilities are different.

In addition, there needs to be a new agreement regarding terminologies. Bahrul said that some of the terms used in Perka 14/2014 are no longer appropriate, both in substance and meaning. “For example, the terms tuna (deficient) and cacat (disabled) need to be removed. It is better to use the term people with limitations. Then, the word wajar (reasonable) should be replaced with setara (equal). Also, the term dual disabilities needs to be replaced with dual vulnerabilities,” he said.

Follow-up

All parties agreed that the revision and harmonisation of the Perka need to be carried out immediately. In addition to substance issues, the ratification of several other regulations has made alignment necessary, for example, Law Number 8 of 2016 concerning People with Disabilities and Government Regulation Number 42 of 2020 concerning  Accessibility to Settlements, Public Services, and Disaster Protection for People with Disabilities.

It was also proposed that this Perka could be integrated with BNPB Regulation No. 13/2014 concerning Gender Mainstreaming in Disaster Management for a holistic perspective of gender equality, disability, and social inclusion (GEDSI). The roles and functions of people with disabilities also need to be sorted out in the revision of Perka 14/2014.

The Head of Program and Budget II of BNPB Planning Bureau, Gita Yulianti, who was the moderator of the event, said that after this second FGD, the team from BNPB, together with SIAP SIAGA Program, will conduct a technical analysis of Perka BNPB 14/2014 based on inputs received from the two FGD series. She hopes that the team can immediately formulate recommendations based on the identification of input points in the analysis discussion.