Materials : Country Papers : BangladeshReview
Paper - Bangladesh
Prepared by:
Khandaker Jahurul Alam
President
National Forum of Organisations Working with the Disabled (NFOWD)
&
Monsur Ahmed Choudhuri
Chairman
Centre for Services and Information on Disability (CSID)
1. General overview of disability-specific legislation in Bangladesh
The basic human rights as a citizen of Bangladesh has been protected by its
constitution regardless of gender, classes, religious, races etc, it does not discriminate
persons with disabilities or persons without disabilities. The National Policy for Persons
with disabilities, 1995 have taken as its basis from the relevant constitutional
provisions dealing with the rights of the people with disability. Following the Policy and
the international commitments on United Nations Standard Rule on the Equalization of
Opportunities for Persons with Disabilities, in April 2001 the Government of Bangladesh
has finally enacted the Disability Welfare Act-2001 to protect and promote the rights of
the persons with disabilities.
The legislation includes formation of legislative both at national and district levels
bodies (National Coordination Committee, District Coordination Committee), defining the
roles and responsibilities of activities on national and local level coordination on
disability concerned issues. This also includes definitions of disabilities, provision for
access to rights based issues in multi-sectored development components through 10 (ten)
schedules.
Although the enactment of the legislation has been accepted and considered as milestone
of development for ensuring the rights and privileges of persons with disabilities, the
legislation it self has various limitations and shortcomings on its appropriate
implementation, one such example is if any provision of the legislation is violated no
legal action can be taken against the violator. It also has been observed that some issues
are in conflict with the existing laws such as; education and employment. Considering the
consequences the Government in association with National Forum of Organizations Working
with the Disabled (NFOWD), a network and coordination body of 151 organisations working
with the persons with disabilities in Bangladesh formed a committee, reviewed the
Disability Welfare Act-2001 and proposed the necessary amendment to establish
indispensable rules and bylaws in support of strengthening and specifying the effective
implementation of the legislation.
2. Views on need of an International Convention on Disability.
We consider in the context of 21st century and the process of Globalization the
proposed International convention on Protection and Promotion of the Rights and Dignity of
Persons with Disabilities would be effective and powerful instrument to strengthen
national legislation concern with persons with disabilities through ratifying by the
Government of the member states of United Nations. It will also promote and strengthen
International cooperation in protecting the violation of Human Rights of Persons of
Disabilities.
3. Views and Inputs on the Components of the Proposed Convention
a. Preamble:
The preamble should include -
- Recalling the Universal Declaration of human Rights and other human rights instruments.
- Reaffirming the commitment to implement the UN Standard Rules on the Equalization of
Opportunities for Persons with Disabilities.
- Reaffirming the commitment to the Proclamation of BIWAKO Millenium Decade (2003 - 2012)
for Persons with Disabilities.
- Recalling the Convention on the Rights of the Child (CRC).
- Whereas it is needed to bring uniformity and a common understanding among Government and
No-Government sectors that are working towards protecting and promoting rights and dignity
of Persons with Disabilities.
- Whereas it is essential to promote international cooperation and sharing of experience
to make effective policy, legislation for establishing rights of Persons with
Disabilities.
- Whereas it is important and there is scope to share resources (Monetary/technical/human
resource) among member states for promoting the rights of Persons with Disabilities.
- Whereas a common understanding is needed that the rights of Persons with Disabilities
are not privileges and what does it mean by inclusion/inclusive and equity.
- Whereas it is needed to be establish a system/mechanism to ensure the accountability of
sate parties/duty bearers (nationally/internationally) that they are fulfilling their
commitments/duties.
b. Objective:
- To formulate and proclaim a convention considering the different human rights, rights of
Persons with Disabilities, Women rights and CRC instruments to implement in the member
states towards protecting and promoting the rights and dignity of Persons with
Disabilities.
- To develop an International Network and Cooperation mechanism/system to share ideas,
experience and exchange information.
- To develop a monitoring system and a body to whom the state parties would be
accountable.
c. Scope
- Finding out prevalence of disability and appropriate data on disability issues through
nation wide base line survey and mass awareness raising.
- Prevention, early detection and intervention.
- Creating easy access to medical (including surgery) and therapeutical (Physiotherapy,
Occupational therapy, Speech therapy, Psychotherapy etc.) services.
- Provision of Activities of Daily Living (ADL) and independent living training.
- Availability of necessary Aids & Appliances.
- Technical manpower development for ensuring above services.
- Provision of accessible infrastructure (buildings, public places, roads etc.) and
transport.
- Education (inclusive), Vocational Skill training.
- Employment.
- Access to information and ICT.
- Alternative Communication.
- Sports, culture and recreation.
- Social security and legal aids.
- Violation and abuse.
- Inclusive National Policy and inclusive Development approaches.
- Community Based Rehabilitation.
- Participation of Persons with Disabilities and diversity.
- Monitoring & Accountability.
e) Guarantee of equality and non-discrimination:
- There should be provision of conviction in the legislation if any one violet the rights,
abuse and discriminate any Person with Disability.
- Raising mass awareness on the issue through disseminating information by using mass
media.
- Legal support cell in Government/Non-government sector.
- Effective coordination among Government Ministries and NGOs in view of inclusion of
disability issues in all sectors as a mainstream development issue.
f) Guarantee of specific rights:
The specific rights could be guaranteed by adopting appropriate laws and provision of
conviction if violation occur. Political commitment is also needed and a comprehensive
advocacy and awareness programme should be undertaken on specific rights issues.
g) Monitoring/review/remedy mechanism:
- A monitoring and review cell can be formed consisting of representatives from concern
Government Ministries, NGOs and Professionals for monitoring of national implementation
process and a cell can be formed in UN and it's regional bodies level for monitoring the
performance of member states.
- The member states would submit periodic reports to the UN and it's regional bodies
regularly to ensure accountability.
- Periodic national and international/regional review meeting/workshop can be organised
and progress/review report can be published and shared with member states.
h) Miscellaneous provision:
- International/regional/bilateral cooperation.
- Fund raising/Resource mobilization.
- Developing Information Network and services.
4. Views on process towards elaborating the proposed convention:
- Participation of Government Representatives should ensure.
- In addition of NGOs, participation and involvement in the process of different
professionals like: Medical and rehabilitation professionals; Planners; Architectures;
Mechanical engineers; Educators; Writers; Media professionals; Social/Political/Religious
leaders, Public representatives, Representatives from Disabled People's Organisations
should ensure.
- Comprehensive media coverage is needed.
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