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Disability Negotiations Daily Summary Volume 2, #5 June 20, 2003

Morning session

Commenced: 10-16

Recessed: 10-57

Item 7 (b) Elements to be considered (cont).

Speaking on behalf of the European Union, Greece argued that a detailed discussion on the definition of disability should be avoided at this stage. The definition should eventually strike a balance between the diverse and complex nature of disability and the need to avoid an overly broad definition that could be subject to misinterpretation. The Convention should be based on the principles of non-discrimination, equality of opportunity, autonomy, participation, and integration. The new instrument should take in to account the fact that the PWD might face additional challenges due to multiple discrimination because of sex, religion, national origin etc. Ensuring that PWD effectively enjoy all human rights - civil, political, economic, social and cultural rights - requires the adoption of appropriate measures by the State. Promoting accessibility and mainstreaming is of paramount importance for reversing exclusion and favoring the equalization of opportunities in a sustainable manner. Greece looked forward "to cooperating with others on the crucial issue of the elements to be included in the future Convention" having prepared a paper to that effect, "keeping in mind that we are aiming at drawing up a balanced, realistic, enforceable and effective instrument."

Australia suggested that any instrument should be broad and thematic. It should provide guidance on particular areas, but not contain any specific goals or targets. Any instrument should not be prescriptive, but should be developed to give parties the flexibility to determine the best way of meeting the requirements of PWD taking in to account their level of achievement today. The focus should be on achieving sustainable improvement all the time of the existing six major human rights Conventions, of which only the Convention of the Rights of the Child specifically includes children with disabilities. The preamble to any instrument on the rights of PWD should make specific reference to all the core human rights Conventions to ensure that these rights are strengthened. Australia concluded with the suggestion of covering the following issues in any legal instrument: eliminating discriminatory attitudes towards PWD; encouraging social participation of PWD in all aspects of community life; encouraging the establishment of organizations to represent the views of PWD; encouraging the participation of PWD in policy and decision making; education; employment; access to the community including the physical environment and information.

Switzerland noted that its recently adopted law on equality of disabled persons, coming into effect as of January 1, 2004, could inspire this Committee. The purpose of this law is to prevent, reduce or eliminate inequalities affecting PWD, creating conditions for them to participate in society; helping them to be autonomous in social contact; to gain training and to engage in professional activities. A disabled person under this law is defined as " any person whose bodily, psychological, mental condition prevents them from coming in to social contact, being mobile, following a training to further develop or to engage in professional activities" According to this definition ten percent of population of the country is disabled. One important feature of this law is the two kinds of inequalities faced by disabled persons (mentioned under article 2), namely, general inequalities and specific inequalities.

India suggested a multi-sectoral model which builds into the existing programs of the communities in which PWD live, specially with regard to education, health, employment, poverty elevation programs and all developmental aspects of their own communities. "this access to mainstream programs should not be any less than those that are available to people without disabilities and the principle of equal access should be followed." The Convention should include the participation of the family members of persons who have intellectual disabilities, severe and multiple disabilities, who are either unwilling or unable to do self advocacy. There should be inclusion of protection from sexual exploitation, specially women with disabilities. Finally India would like to ensure that the right to information is included not only for PWD themselves, but, also that of their families.

China called for a Convention that is comprehensive, integrated and legally binding. It should include civil, political, cultural, economic and social rights of PWD. Human rights universally accepted by the international community, should also apply to PWD. in regard to developing countries, in particular, right to livelihood of PWD, particularly those living in rural areas, should get special place under this Convention. PWD in rural areas should be entitled to get services and support to eradicate poverty, ensure ways of employment with stable incomes and include the impoverished PWD in social safety nets. Only in this way can the human rights of the PWD be implemented in practice, "sharing the rewards of economic, cultural and social development."

Columbia argued that the Convention should be divided into four parts: [1] the preamble justifying the grounds; 2. a general section on purposes and principles; 3. articles on the protection of rights of PWD; and finally, 4. monitoring and oversight. In addition, the participation of families or organizations representing people with severe disabilities particularly people with severe mental disabilities, who are not able to participate themselves, should be acknowledged. Special attention also needs to be paid to the issue of violence against PWD.

New Zealand suggested that is important to cover all aspects of the life of the PWD including housing, education, access to mobility, political process, sexuality, families and parenting, health and income. Multiple forms of discrimination, in the case of women and indigenous people, should also be considered. PWD must be included in the process of developing this Convention. Article 3 of the Universal Declaration of Human Rights, the right to life, liberty and the security of the person is re- affirmed as a fundamental principle underpinning the Convention.

The International Disability Caucus, reaffirmed its support for a comprehensive Convention inclusive of civil, political, economic, social and cultural rights that have been guaranteed under the international law. The central pillar of the Convention should be " a strong non-discrimination provision that would operate without qualification and in the area of direct and indirect discrimination across all the above mentioned areas." The principle of affirmative action must also be included, which in the context of disability means, " a package of measures aimed at equalizing the position of PWD in society in order to obtain effective equality... it is also necessary to review of States' constitutional, legal and regulatory schemes to identify and correct instances of formal legal discrimination that still exists. Examples include exclusion from right to vote, the right to sit on a jury, paternalistic guardianship laws, and laws providing for detention in hospitals and institutions."

The representative of the European Disability Forum referred to the Madrid Declaration, which was adopted in March 2002 in close cooperation with governments and other stakeholders. It is called, "non-discrimination, positive action, equal social inclusion" and was formulated to prepare for the current European Year of PWD. The Convention must condemn discrimination against PWD in all forms and ensure measures to eliminate it. Positive actions are required to ensure equalization of opportunities and enhance their full participation. Declaring "nothing about us without us", the representative emphasized that the Convention incorporate State obligations for the implementation of its provisions and effective participation of PWD its drafting process.

The Representative from Benin highlighted the importance of accessible transportation.

Afternoon Session

Commenced: 3:15 PM

Adjourned: 4:04 PM

The United States encouraged the Ad-Hoc Committee to draw on the experience of the ADA and other disability rights laws in the United States in terms of providing general principles and elements for the Convention. The Convention should then include the integration of PWD into the mainstream, breaking down of barriers and unfair stereotypes, enabling independence and promoting dignity, and inclusion of PWD in the decision making process on disability rights laws as fundamental concepts. The Convention should also address the following elements: (1) accessible air and land transport; (2) equal opportunity and reasonable accommodation in employment; (3) education that is both appropriate to the needs of PWD and individualized; (4) accessible government services, such as curb ramps, sign language interpretation and accessible documents in legislative sessions; (5) voting that is accessible, independent, and private for PWD; (6) physical accessibility in buildings; (7) usable telecommunication systems for people with speech and hearing impairments; (8) accessible websites; (9) accessible housing; and (10) equal access to health care for all PWD, including those with psychiatric disabilities. The delegate also stated that the U.S. would be pleased to make summaries of U.S. disability laws available to State delegations for their use.

Greece, on behalf of the EU, discussed item 7c on the agenda (follow-up and monitoring). The delegate emphasized that since state parties are responsible for implementation, monitoring mechanisms play "a useful role" in helping states fulfill their responsibilities and understand their obligations. Although the delegate said it was "premature" to discuss the specifics and details of such a monitoring body, it was essential that it "provide for effective monitoring," include the input of PWD, and take into account streamlining measures to promote efficiency and avoid duplication.

Colombia also discussed item 7b and said that such a mechanism should include participation and co-responsibility at its core. It should also generate a "culture of social responsibility capable of producing solidarity." The mechanism should also include the new international classification on disability and health that was put forward by the WHO.

The Chair noted that no other delegations would like to discuss item 7b. An OHCHR representative spoke on 7c. He gave general comments and recommendations based upon the experience of his Office. General Comment #5 (Committee on Economic, Social and Cultural Rights: E/1995/22 (1994)) was referred to for its ability to provide "valuable guidance" on, for example: 1) a comprehensive definition of disability; 2) the need to address structural disadvantages; 3) the need to take measures, including temporary/special measures; and 4) the lack of coverage provided by other instruments (ICCPR; Convention Against Torture; CERD; CEDAW). The importance of "positive obligations" was noted. Also highlighted was the establishment in 2000 of the NGO: Rights of Disabled Children.

Japan reiterated its commitment to promote and protect the rights of PWD, and was "pleased to note" general agreement of the need to elaborate a Convention. All HR instruments have a monitoring mechanism, which Japan believes is "indispensable." Any reporting requirements should not be construed as an "imposition" but as part and parcel of the state's obligation to ensure the implementation of a Convention. It was acknowledged, though, that there is a "need to examine with care the additional burden established" by a monitoring mechanism. "[S]olid discussion" is needed to ensure a Convention is "truly monitored effectively".

Australia said that any mechanism should allow for streamlining of reporting, and the clarifying of the role of NGOs so as to make the system more effective. Australia also called for consideration of the recommendation of the High Commissioner of Human Rights, which is due out later this year in any decision relating to monitoring mechanisms.

The Chair received a request in writing from the cross-disability NGO, People with Disabilities Australia Incorporated. They indicated their support for the statement made this morning by the Disability Caucus and stated their agreement that the mechanism should also include "robust affirmative measures" to allow for elimination of discrimination, structural compliance measures, and structures for individual complaints. It should also comprehensively address social, cultural, and economic rights which are fundamental for all PWD, and go beyond a non-discrimination approach. It should provide long-term employment programs and other benefits at a domestic level and go beyond the non-discrimination approach by providing for the fundamental human right of people with HIV/AIDS in providing low cost, high quality health care. Health care and other programs, are "every bit as urgent" as nondiscrimination, especially in developing nations. The mechanism should also address cultural issues that are particular to those who are deaf.

Barbara Murray, representing the International Labor Organization (ILO), also addressed item 7c and agreed that any monitoring mechanism "needs to build on" and take into account measures that are "aimed at streamlining existing human rights mechanisms." It should require that rights are both "visible and accessible" for PWD and provide for legal aid and special assistance for self-representation of special groups in engaging in the process.

A landmine survivor, Plemenko Priganica, spoke on behalf of Landmine Survivors Network (LSN); he is Director of LSN Bosnia. He noted the successes of the Mine Ban Treaty (Ottawa) process and the importance of "partnership" between governments, civil society, and affected communities, especially as to monitoring implementation (citing "Landmine Monitor"?an extensive compendium of country reports on landmine-specific issues produced by a broad network of NGOs). Disability organizations should be given an "explicit role"?"nothing about us without us".

International Disability Caucus representative Venus Ilagan took the floor after the Chair noted that the floor was open for more speakers, and reiterated that the Convention must have a monitoring body consistent with best practices and that it must comprise a majority of PWD. The ability of individuals and NGOs to submit a complaint should be included. She called for the establishment of a technical advisory body that would address: guidelines on the accessibility of built environments; access in post-conflict societies; and the need for humanitarian assistance. Implementation "always depends predominantly on the strength of domestic institutions". She "insisted" that the "integral role" of PWD must be a "guiding principle" of a Convention?"nothing about us without us".

The Secretariat noted that statements can be accessed at the following URL: http://www.un.org/esa/socdev/enable/rights/statements.htm . He also explained that there were written notices of the URL announcement in the back of the room as well.

Thailand took the floor as the Chair was on the verge of adjourning. Thailand restated its position that it "supports a very strong international monitoring instrument". The importance of involving PWD through representative organizations was emphasized. The speaker called upon "all states" to work toward the common goal by "speeding up the process so that the direction of getting our Convention into place can be achieved". Thailand would like to see concrete "progress visible in the near future" in an "acceptable manner to all sides as soon as possible".

El Salvador questioned whether and when delegations would have a "unified document" as has previously been discussed in the Committee. The Chair noted that he had not resolved this with the Bureau and that the delegates would be informed as soon as the document becomes available.

The Disability Negotiations Daily Summaries are published by the Landmine Survivors Network, a US based international organization with amputee support networks in 6 mine affected / developing countries. Reporters include Jagdish Chander, Margaret Holt, Jennifer Perry, Marshall Traster and Zahabia Adamaly (editor) The Summaries are posted on line by noon the following day at www.rightsforall.org and www.worldenable.net. Translations are provided courtesy of Disabled Peoples' International (Spanish), Handicap International (French), and DINF Japan (Japanese). For questions, write to Zahabiaadamaly@hotmail.com.