International Convention on the Rights of Persons with Disabilities: a Call for more Openness within the Human Rights Field

By Monthian Buntan
President, Thailand Association of the Blind

Ambassador Luis Alfonso de Alba, Ambassador Don MacKay, Mme. Louis Arbour, Mme. Sheikha Hessa Al-Thani, Members of the Human Rights Council, Distinguished guests, Ladies and gentlemen,

It is , indeed, an honor for me to be invited to be present here in this special event. It is also the moment of joy for me, and I believe, for all of us here to see that the International Convention on the Rights of Persons with Disabilities was adopted on December 13, 2006 and will open for member states of the UN to sign on March 30 (only four days from now). As a member and a representative from the disability sector, wearing the Thai delegation hat throughout the process, I can say without any hesitation that only through an open, participatory and accessible process, we have been able to come this far. Having said that, I would like to express my sincere appreciation and gratitude to all of us here and around the world for helping make our hopes and dreams close to reality, in particular, the Royal Thai government which has had enough courage to appoint me to represent Thailand throughout the process.

It is such process that should be kept alive all the way so as to ensure effective implementation and monitoring of the convention and so that persons with disabilities will be truly liberated from being the poorest of the poor, the extreme end of isolation, exclusion and all forms of discrimination. It is through this process that we can ensure full and effective enjoyment of human rights and fundamental freedoms on an equal basis with others. Most importantly, it is this process that should set a good standard for UN in coping with other aspects of human rights and social development.

How to keep momentum of such process?

As a person, who has been working both from within the civil society and has had the opportunity to work through the government channel, I see the role of civil society, especially PWDs, in different dimensions, some time in parallel, some time overlapping and some time interactive with one another. These are just a few examples:

1.Public education and training:

Civil society should work, through different networks and channels, to disseminate information (in accessible formats), provide education and training both among ourselves in the disability communities and to the general public. Such education and training can be done either from the disability prospectives or together with governments, UN agencies and other sectors.

2. Effective communication, networking and collaboration:

Civil society should keep the momentum of open forum through various communication channels, namely the internet which has served us quite successfully for the past several years. Such approach may be done on an adhoc basis, through existing network/forum or newly-created/developed network among organizations of and for PWDs at all levels.

3. Playing consultative role:

Civil society, especially experts with disabilities, can contribute our knowledge and experience to governments, UN agencies and other concerned parties by providing consultancy and advice regarding matters related to the convention and other aspects of PWDs in general.

4. Direct participation through partnership and network:

Representatives from the civil society, especially those with expertise, can work, on an equal basis with other sectors, through partnership and collaborative efforts, based on mutual respect and understanding, in all matters concerning implementation and monitoring of the convention. This approach is going to create some uncomfortable feeling in the beginning, especially among some governments and bureaucrats. But as our immediate past history has shown, it will be soon proven that the more actively and effectively we participate, the better outcome and impact we can expect.

5. Independent and parallel monitoring:

Despite all four suggestions above, which tend to be pro-partnership, pro-networking and pro-collaboration, I feel the need and necessity for the civil society, particularly within the disability communities, to maintain our independent body that can effectively follow up, monitor implementation of the convention in all aspects without interference from outside. This approach is to ensure that integration and inclusion will never compromise our principle of independence and self-determination.

As for the traditional human rights movement including this human rights council, we from the disability communities need to learn from you through your knowledge and experience on how to effectively implement and monitor international human rights laws. At the same time, we hope that you will open up your mind to learn how to cope with human rights issues from disability prospectives, how accessibility, universal design, rehabilitation, reasonable accommodation, etc really mean to us if we are to fully enjoy all human rights and fundamental freedoms on an equal basis with others. And hopefully, you will soon understand why all other human rights instruments could never ensure our enjoyment of such rights.

Preferably, the UN and its agencies should take effective role of facilitator by sending clear and positive messages to member states so as to ensure the maximum number of those which will sign, ratify and implement the convention. This ongoing action can be taken through various publications, conducting regional and international workshops/seminars, etc. Further more, each member state, especially those within the same region, should help one another, both through bilateral and/or international cooperation, toward successful implementation of the convention.

Finally, I would like to conclude my statement by referring to near the very end of the convention

These two sentences are historical and, for the first time, intentionally placed in such UN document as symbolic condition that the goal of this convention could only be achieved through open, participatory and accessible process. Such process must begin from the text of the convention. I hope the UN and all related agencies will take the positive and progressive philosophy of these sentences by applying it across all documents, publications, facilities and services. And most of all, please keep in mind the IDC most popular quote "nothing about us without us."

Thank you.