RI Report on Comprehensive and Integral
International Convention on the Protection and Promotion of the Rights and
Dignity of Persons with Disabilities
6th Meeting of the Ad Hoc
Committee, New York 1-12 August 2005
by
Gidion
Kaino Mandesi
RI Vice
President for
This report comprises the
summary of the 1st week, ended August 5th 2005.
On 1st August the
Chairperson of the Ad Hoc Committee, Ambassador Mac Kay, opened the session by welcoming
all government delegations and representatives from civil societies to the 6th
session of the Ad Hoc Committee. He
further informed the meeting about the election of the officers of the Bureau.
Currently, the Vice Chairperson of the bureau is from South Africa.
After the adoption of the
agenda, the chairperson explained to the participants the organization of work
during the meetings. He informed
them that, respective to each article, government delegations will first speak
in informal meetings. Thereafter, half an hour will be given to International
Disability Caucus (IDC) members and other NGOs to make interventions in the
format of a formal meeting.
ARTICLE 24 bis
International Cooperation
Due to the potential to move
this Article to earlier within the Convention text, it was the first article to
be discussed during the 6th session of the Ad Hoc Committee. State delegates and civil society
representatives agreed that international cooperation is very important for implementation
in the convention. It was emphasized that the implementation of any convention
is primarily a responsibility of the state concerned, while an element of
international cooperation will assist member states to achieve compliance with
their general obligations. International cooperation should not be regarded
only as a condition for receiving international development aid or assistance.
Rather, it should be seen as an important means of supporting national efforts
for the realization of the goals and objectives of the convention and
facilitating its implementation within the domestic jurisdiction. In that
context, a spirit of international cooperation, solidarity, and partnership
among states, elements of information exchange and best practices, scientific
research, training, raising awareness, cooperation between organizations of
people with disabilities, development of technology, and capacity building
should be reflected in the convention. In addition, disability awareness and
accommodation should be implemented in development programs by using a twin
track approach, meaning that other international documents such as the Standard
Rules and the Convention on the Rights of the Child (CRC) should be continually
utilized in addition to focusing current emphasis on the Convention.
There were divergent
interventions from government delegations as to where this draft article should
be placed within the convention. Some preferred a separate article while others
requested that it be addressed in the preamble as well as in Article 4 under
State Obligations. International DPOs and other NGOs gave interventions in
support of a separate article.
These conflicting opinions were left open to discussion and consideration
in future Ad Hoc Meetings.
ARTICLE 15 bis
Women with Disabilities
Both government delegations
and civil society representatives made statements supporting inclusion of
gender issues in the convention. It
was emphasized that women with disabilities face multiple forms of discrimination;
hence, state parties should undertake appropriate measures to ensure that all
women and men with disabilities fully enjoy and exercise basic human rights and
freedoms. Some state delegations
suggested that gender issues be included within different articles of the
convention, and that there must be a fundamental principle under Article 2 to
address equality between women and men.
Both governments and civil
society agreed that gender mainstreaming is a globally accepted strategy for
promoting women’s empowerment and achieving gender equality in all
fields. This has an important role in advancing the enjoyment of human rights
for women with disabilities. For this reason, a separate article on the rights
of women was suggested.
International DPOs and other human rights NGOs clearly stated that they
prefer a separate article on women with disabilities. This dialogue was left
open for further discussion.
ARTICLE 15
Living Independently and Being Included in the
Community
Many government delegations
and all representatives of civil society agreed that all persons with
disabilities have the right to choose their place of residence and living
arrangements within the general community. Forced institutionalization for
persons with disabilities is not acceptable and is a gross violation of human
rights. It was further emphasized
that community support services, including personal assistants necessary to
support living and inclusion in the community, prevent isolation or segregation
from the community. Community services for general population, including
information dissemination, should be available, accessible and affordable to
all persons with disabilities. It was agreed that this article will greatly
contribute to social integration of persons with disabilities in the community
and facilitate independent living.
ARTICLE 16
Children with Disabilities
Members of the International
Disability Caucus and other NGOs, as well as experts from the UN Committee of
the Right of the Child, supported the inclusion of a specific article regarding
the rights of children with disabilities. They emphasized that, despite the
fact that disability is addressed in the CRC, children with disabilities are
still denied the ability to enjoy and exercise their rights and freedoms on an
equal basis with others. Civil society representatives strongly advocated the
retention of Article 16 to strengthen and emphasize these rights. Many
government delegations recognized the need of children with disabilities to
enjoy their full rights and achieve a decent life within the community;
however, they were reluctant to accept the inclusion of a separate article on
children with disabilities. They strongly urged that the Convention is for all
persons with disabilities, therefore, there is no need to single out children
with disabilities. These delegations requested, rather than a separate article,
a reference to children with disabilities in the preamble. In contrast, some government delegations
did support a separate article on children with disabilities. These discussions
are ongoing and will be addressed at the next Ad Hoc Committee meeting.
ARTICLE 17
Education
Government delegations and
representatives of civil society accepted that all persons with disabilities have
the right to receive quality education on equal basis with others and within
all educational settings. In this regard, inclusive education is a right of
persons with disabilities in all levels of education. This right includes
provisions of sign language for the deaf and deaf-blind and Braille for the
blind.
Within the International
Disability Caucus, extensive discussions took place regarding inclusive
education and the special needs of blind, deaf and deaf-blind children.
Ultimately, a consensus was reached, and the IDC supported the right to receive
quality and inclusive education for all girls, boys, women and men with
disabilities. This should be granted through national legislation and other
necessary measures in each state.
These should include: free and compulsory education on equal basis with
others, full access to pre-school, primary, secondary, tertiary and higher
education, access to formal and informal training and life-long learning, and
the provision of a meaningful and productive education to achieve the
development of the talents, abilities, and fullest human potential for all
students with disabilities. It was
insisted by the Disability Caucus that all persons with disabilities have the
right to learn and enjoy their own culture and languages including sign
language for deaf people and tactile sign language for the deaf-blind.
It was further argued that
all educational frameworks, national policies, implementation plans, and
standards should take into consideration the requirement to provide all
students with disabilities with necessary support to attend integrated classes
and schools. Some of these measures include flexible and alternative teaching
aids and materials, student-centered curriculum and testing methods, and
training of teachers and staff in pre and in – service training. Others include offering an adequate
early family and pre-school support system to children with disabilities,
including education in daily life skills and mobility training in parallel with
the academic education. In order to
achieve this, state parties must create an accessible learning environment for
all students with disabilities. This includes the training of competent
teachers who are fluent in sign language and written or spoken forms and
Braille. Blind, deaf and deaf-blind
children and young persons should be allowed to choose education either in an
integrated setting or within a special education setting, where they shall be
provided with the same level of support and standards as is consistent with
other provisions in this article.
No person with disabilities shall, as a condition for accessing
education, be required to undergo any medical treatment or intervention to
correct, improve or alleviate any perceived impairment or any actual or perceived
disability.
The consultation of DPOs in
designing and developing curriculum and in developing education policies and
legislation should be respected by each state concerned. In addition, it was
agreed that vocational training, adult education and life-long learning
processes should be provided to persons with disabilities on an equal basis
with others.
ARTICLE 18
Participation in Political and Public Life
It was agreed that this
article should be moved to the first part of the Convention because it
addresses civil and political rights which require immediate realization. The article addresses the need of state
parties to ensure the right of persons with disabilities to fully participate
in political and public life, either directly or through freely chosen
representatives. This includes the rights of persons with disabilities to vote,
be elected, and the assurance that voting procedures and facilities are
accessible and easy to understand. Further, this article will enable persons
with disability to vote independently, by secret ballot, and with the choice of
whether or not to use a personal assistant. It was insisted that state parties
must take appropriate steps to ensure access to election materials and
participation of person with disabilities in all stages of the election
process. In addition, consultation from disability organizations should be done
regularly to ensure effective participation of persons with disabilities in the
electoral process.
States parties should
promote and enable an environment in which a person with a disability can enjoy
and effectively exercise the right to participate in the conduct of the public
administration and public affairs, including participating on equal basis in
the activities and administration of political parties and civil societies
organizations. The right to form
and join organizations of person with disabilities to represent their interest
at national, regional, and international levels should be respected.
Lastly, it was emphasized
that, as a matter of rights, persons with disabilities and their organizations
should be informed, consulted and empowered to participate on an equal basis
with others in all decision-making processes and to formulate public policies
and programs related to persons with disabilities. Persons with disabilities
should be given priority and attention by such policies and programmes.
ARTICLE 19
Accessibility
It was agreed by government
delegations and civil society that accessibility is a fundamental principle.
Hence, accessibility should be one of the agreed principles of this Convention
should be addressed Article 2. Further, it was agreed that state parties should
ensure that appropriate measures to identify and eliminate barriers and to
ensure accessibility for persons with disabilities to the built environment,
transportation, information and communication technology, education, and other
communications services be provided. This will build the capacity and
participation of people with disabilities to live independently and fully
participate in all aspects of life.
It was emphasized that accessibility regulations should apply not only
to new buildings but also to existing buildings, regardless of whether or not
they are being renovated. The primary consideration should be the accessibility
to all services for public use whether owned by public or private entities.
In addition, state parties
agreed to undertake appropriate measures to ensure that accessibility
requirements to all people with disabilities in all aspects of life are not
discriminatory in nature. Consultation of people with disabilities in
formulating standards and guidelines for accessibility should be promoted and
respected by each state member to the Convention. It was accepted that in order
to comply with the universal design, international cooperation and assistance
in development of standards guidelines and assistive technologies, together
with the promotion of research in the production of new assistive technologies
at local levels and with low costs, should be provided.
Lastly, many government
delegations accepted that accessibility is the core of the Convention and
should be incorporated wherever possible to all articles of the convention and
into the Preamble. All in all, accessibility
issues are of great importance for the advancement and in safeguarding the
rights of people with disabilities.
ARTICLE 20
Personal Mobility
Under this article, it was
suggested that many elements should be merged with Article 19 on accessibility.
However, some delegations emphasized that liberty of movement and the right of
freedom and movement of people with disabilities should be retained in a
separate article (Article 20). Specifically, the Kenyan delegation has proposed
an Article 20bis to address freedom of movement for persons with disabilities
and to include the right to seek and granted asylum. Discussions and dialogue
on this issue will