Review Paper - Laos

By Dr Xoukiet Panyanouvong MD

1. General Overview of Disability-Specific Legislation in Lao PDR

Legislation specifically on disability in Lao PDR is limited. The following legislation and policies, specific to disability, are currently in force:

1995: Prime Minister’s Office Decree No 18/1995: Appointing the National Commission for Disabled Persons

Establishing a cross-ministerial body (NCDP) with responsibilities to: represent and protect the legal rights of PWD, gather data on disability, develop and propose policies on disability, exchange information about disability with other countries, raise general awareness about disability and encourage the public to help PWD, to prevent disability, to establish an association for PWD, reduce barriers to access for PWD, develop rehabilitation and employment programmes for PWD, prepare a plan of action on disability, promote CBR, develop legislation supporting PWD, set up a network of organisation to support PWD throughout Laos; attend international events and seek support for PWD

1995: Ministry of Labour and Social Welfare Agreement No 732/NCDP Appointing the Secretariats of the National Commission for Disabled Persons

To fulfil the requirements of PM18/1995, setting up the NCDP: largely reflects the decree

1996: Ministry of Public Health, Development Policy of Rehabilitation for the Handicapped Sector from 1996 to 2000 and Beyond

A policy document setting out the nation’s proposals for supplying rehabilitation services for PWD: training, prosthetics and orthotics, special education and vocational training, and socialisation.

2000: MLSW/NCDP Strategic Plan on Rehabilitation and Development of Disabled Persons 2000-2003

A policy document setting out twelve action areas: (1) Coordination of Planning at the National Level, (2) Law, (3) Information for PWD, (4) Public Awareness about the Decade of PWD, (5) Support for PWD amongst Ethnic Minorities, (6) Educational Rehabilitation, (7) Vocational Rehabilitation and Promotion of Employment for PWD, (8) Prevention of Disability, (9) Physical Rehabilitation, (10) Equipment and Aid Kits for PWD, (11)Promotion and Encouragement of Self-Help Activities for PWD, and (12) Strengthening Regional Cooperation.

2. Need for an International Convention on Disability

According to the World Health Organisation (WHO), 10% of the world’s population suffers form a disability of some sort. That is more than of 600 million people. The World Health Organisation has two full-time professional staff[1] devoted to issues of disability, and the needs of 600 million disadvantaged people.

This lack of concern for disabled people is reflected throughout the world. In September 2000, Kofi Annan, Secretary General of the United Nations presented the UN Millennium Declaration to the General Assembly. This Declaration represented ‘a milestone in development…’ ‘…building on the symbolic power of the new millennium to create significant opportunities to address all human needs.’ The Declaration speaks of the rights of children, the importance of gender equality, an attack on HIV/AIDS, malaria and other diseases, the importance of reducing conflict, the eradication of poverty, racial and religious tolerance and the need to build a strong United Nations.

It does not mention disability. It does not mention a single thing specific to a constituency of 600 million people throughout the world!

There is a Universal Declaration of Human Rights, enfranchising all 6 billion humankind. There is Convention on the Rights of Women, dealing with the needs of about 3 billion of the world’s population. There is a Convention on the Rights of the Children, directed at a population of 1.8 billion: other conventions deal with racial minorities and migrant workers with smaller constituencies.

Now is the time to put forward a convention on the rights of those with disabilities, 600 million people, the most marginalised and neglected group in the world; neglected even by the United Nations.

3. Views on the Convention

In general, there were matters that were given coverage in the original Mexican draft and that do not appear to be reflected in the new draft, and for which the new draft is the poorer. We in Laos recommend going back to the original to ensure that some of the important proposals it contained are not lost.

3(a) Preamble

No comment at this stage

3(b) Objectives

There is a need to recognise that there are some people with disabilities who are not capable of living full and independent lives and their needs MUST be included.

3(c) Scope/Definitions

No comment at this stage

3(d) States Parties’ Obligations

No comment at this stage

3(e) Guarantee of Equality and Non-Discrimination

We are concerned about the maintenance and security of the rights of those who are so disabled that they require periodic or full-time assistance. We think that this section relies too heavily on already-enacted material, from other Conventions, rather than on drawing up rights and conventions that meet the specific needs of the disabled.

3(f) Guarantees of Specific Rights

There should be a primary right to such support as may be necessary to negate or ameliorate specific disabilities and to ensure that disabled persons are put on as equal a footing as possible with their non-disabled colleagues. Whilst Articles 31 through 35 go some way towards such a position, it is secondary to the overall import of those Articles.

3(g) Monitoring/Review/Remedy Mechanisms

No comment at this stage.

3(h) Miscellaneous Provisions

No comment at this stage

4. Process Towards the Proposed Convention

The need for a convention is urgent. In the June ESCAP meeting in Bangkok there appeared to be an acceptance that it will take many years for the Convention to come into force. The preparation by Professor Andrew Byrne of a proposed draft is a welcome step forward. It is hoped that this can now be pursued with all rapidity and with an objective to place a final document before States Parties within one year.

Dr Xoukiet Panyanouvong
Secretary General
Lao Disabled People’s Association
6^th October 2003

[1] Dr Enrique Pupelin and Dr Eva Sandborg.

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Main	Programme	Materials	Online	Bangkok

	Regional Workshop towards a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities Bangkok, Thailand, 14-17 October 2003