The Biwako Millennium Framework For Action Towards An Inclusive Barrier Free and Rights Based Society For Persons with Disabilities in Asia and the Pacific ("the Framework") was adopted at a High Level Inter Governmental Meeting at Otsu City, Shiga Prefecture Japan in October 2002. The Conference at which the Framework was adopted was convened by the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP), and hosted by the Shiga Prefecture. The Framework sets out recommendations for regional policy for action and implementation within the Second Asian and Pacific Decade for Disabled Persons 2003-2012. (The First Decade concluded in 2002.) Seven areas for priority action were identified, and critical issues, targets and action requirements were established.

The priority areas for action are as follows: -

1. Self help organisations of persons with disabilities;
2. Women with disabilities;
3. Early intervention and education;
4. Training and employment, including self-employment;
5. Access to built environments and public transport;
6. Access to information and communications, including information and communications technology;
7. Poverty alleviation through capacity -building, social security and sustainable livelihood programmes.

The participants at the High Level Inter Governmental Meeting also set out a series of principles and policies for action in the forthcoming decade.

The first principle on which the framework is based is as follows: -

" Enact and enforce legislation and policies related to equal opportunities and treatment of persons with disabilities and their rights to equity in education, health, information and communications, training and employment, social services and other areas. Such legislation and policies should include persons with all types of disabilities, women and men, and people in urban and remote and rural areas. They should be rights based and promote inclusive and multi sectorial approaches."

The Framework envisages that to meet its goals, the majority of the priority areas (not already covered) will be, or should be, the subject of enforceable legislation in each country, hopefully by the conclusion of the Decade. The remaining priority areas may not be appropriate to be the subject of formal legislation but should be the subject of positive government (national or state) policies. If the priorities are not yet the subject of legislation, or governmental policy, they should at least be adopted as policies of non- governmental agencies within countries, including self help organisations for people with disabilities.

The preceding Asian and Pacific Decade of the Disabled 1993-2002 had as one of its goals to co-ordinate legislation in various disability related areas. The areas identified for research at the beginning of that decade were found not to be applicable to all countries in the region. The Region has in the last 60 years undergone substantial change, with almost all countries undergoing change or substantial amendment to their Constitutional bases. Differing broad bases for legal systems are apparent in countries which became independent from the former major colonial powers, and those who have become independent more recently.

In addition, there has been a transparent change of attitude towards persons with a disability. As is clear from the Framework, the approach is now to address such matters on the basis of the human rights of persons with disability, to afford them equality of rights with all other persons. This approach, whilst being implemented in practice and principle, is relatively recent and unlikely to be reflected, as yet, in constitutions or legislation.

At the commencement of the Second Decade of the Disabled, and in accordance with the Framework, its principle in relation to legislation, and the priority areas, it is necessary to identify the "starting position" for the Region and each country within it. From such a base, countries, UNESCAP and advocates can clearly identify progress within the priority areas. Information collected will be available to countries to identify what has happened elsewhere, or as a starting point for consideration of particular problems. Such information would also be valuable in working towards a consistent regional approach, and also, for example, with regard to the proposed International Convention on Persons with Disabilities.

The proposal therefore is to identify any legislation or policy which address the principle set out above and the priority areas for in each country of the region.

It will be noted that some of the priority areas may not be amenable to this broad approach. Further clarification will be required in each priority area, and the broad principles will require reconciliation with the targets and objectives.

It is also suggested that the Constitution or constitutional documents of all countries be examined in relation to human rights particularly applicable to persons with a disability and the priority areas.

PROPOSED PROJECT

1. Examine the Constitutions or constitutional documents of all countries in the Region and identify provisions directly relevant to persons with a disability and the goals of the Framework, and other rights which are relevant in general terms to the priority areas of the Framework.
2. Examine the Priority areas of the Framework and define aspects which are or could be the subject of legislation or policies.
3. Consult with stakeholders and experts involved with the Framework, as to identified scope of project.
4. Refine ambit of project.
5. Research as far as possible via material held and Internet.
6. Identify relevant persons in the Region and/or each country to assist in research, particularly as to currency or proposals.
7. Compile reports for priority area and/or each country as material comes to hand.