I. SEMINAR OUTCOME
Participants in the Regional Seminar on an International Convention on Protection and
Promotion of the Rights and Dignity of Persons with Disabilities (Beijing, China 4-7
November 2003) adopted "Declaration of Beijing on the Promotion and Protection of the
Rights and Dignity of Persons with Disabilities' --- herein after the "Declaration of
Beijing".
The Declaration of Beijing is a policy-oriented statement on the question of the
elaboration of a comprehensive and integral convention on the rights of persons with
disabilities, based on review of the existing regional documents developed by regional
experts such as the Bangkok Draft [proposed elements of a comprehensive and integral
convention to promote and protect the rights and dignity of persons with disabilities] and
the Bangkok Recommendations. Furthermore, the Declaration of Beijing was to show a unified
support for the process towards the Convention at the Asian and Pacific regional level.
 Beijing
Declaration on Elaboration of an International Convention to Promote and Protect the
Rights and Dignity of Persons with Disabilities
II. PROCEEDINGS OF THE SEMINAR
The Seminar had a working paper and several key documents for its consideration
including the following documents:
- Bangkok Draft
(proposed elements of a comprehensive and integral convention to promote and protect the
rights and dignity of persons with disabilities) developed by the experts who attended the
Regional Workshop towards a Comprehensive and Integral International Convention on the
Protection and Promotion of the Rights and Dignity of Persons with Disabilities (Bangkok,
14-17 October 2003);
- A set of general
recommendations adopted by the above Regional Workshop towards a Comprehensive and
Integral International Convention on the Protection and Promotion of the Rights and
Dignity of Persons with Disabilities (Bangkok, 14-17 October 2003);
- "Bangkok
Recommendations" --- Report of the Expert Group Meeting and Seminar on an
International Convention to Protect and Promote the Rights and Dignity of Persons with
Disabilities (Bangkok, 2 to 4 June 2003);
- "Statement
of Recommendations" of the UNESCAP Workshop on Women and Disability: Promoting
Full Participation of Women with Disabilities in the Process of Elaboration on an
International Convention to Promote and Protect the Rights and Dignity of Persons with
Disabilities (Bangkok, 18-22 August 2003);
- "Reconsidering the
disability dimension in development cooperation activities; building national capacities
for full participation and equality." Basic document for the Regional Workshop
towards a Comprehensive and Integral International Convention on the Protection and
Promotion of the Rights and Dignity of Persons with Disabilities (Bangkok, 14-17 October
2003).
- Declaration of Quito
- outcome of Regional Seminar and Workshop of the Americas (9-11 April 2003). The Seminar
also had contributed and participation papers to facilitate its consideration of the
agenda; the list of Seminar documents is presented in Annex IV.
A. Summary of presentations
1. Opening Session
Under item 1 of the provisional agenda, a welcome speech was delivered by Mr. Deng
Pufang, the Vice-Chair of the State Council Coordinating Committee on Disability and
Chairperson of the China Disabled Persons' Federation (CDPF) (summary of his remarks is
presented in the summary of proceedings).
On behalf of the United Nations Economic and Social Commission for Asia and the Pacific
(UNESCAP), Ms. Keiko Okaido, Deputy Executive Secretary, UNESCAP delivered the opening
message by Dr. Kim Hak-Su, Executive Secretary of ESCAP (A summary of his remarks is
presented in the summary of proceedings.)
On behalf of DPI, a message was delivered by Ms. Venus Illgan, the Chairpersons of DPI
(A summary of his remarks is presented in the summary of proceedings.).
On behalf of the United Nations Department of Economic and Social Affairs (DESA), Ms.
Akiko Ito, the focal point on disability, delivered a speech (A summary of his opening
speech is presented in the summary of proceedings.).
The Seminar was officially inaugurated by Mr. Shen Guofang, Assistant Minister of the
Ministry of Foreign Affairs (A summary of his opening speech is presented in the summary
of proceedings.).
2. Election of Officers
Under the item 2 of the provisional agenda, Seminar participants elected the following
officers by acclimation:
a. Chairperson
Ms. Tang Xiao Quan (PRC)
b. Vice chairpersons:
Mr. Ali Ahsan Mohammad Mojaheed (Bangladesh)
Mr. Abdullah Wardak (Afghanistan)
Mr. Soon-Tae Song (ROK)
Ms. Venus Ilagan (DPI)
c. Co-rapportuers:
Ms. Catellina Fermin (Philippines)
Mr. Stephen Pang (Hong Kong-China)
Ms. Anurdah Mohit (National Human Rights Commission of India)
3. Adoption of Seminar agenda
The Chairperson invited the views of participants on the provisional agenda, which they
adopted as the programme of work.
4. Keynote statements
Under the agenda item 4 of keynote speeches, Mr. Shen Zhifei, Deputy Secretary General
of State Council Coordination Committee on Disability and Vice President of CDPF welcomed
participants to the Seminar. He stated that a new legally-binding convention exclusively
for persons with disabilities is urgently needed, not only because the disadvantaged
situation of persons with disabilities is unacceptable, but also because the change of the
current situation really needs such a new convention, basically due to the failure of the
existing international instruments system in the provision of protection for rights of
persons with disabilities.
Mr. Shen pointed out that the proposed Convention should be elaborated in line with the
spirit and fundamental values and principles of the Charter of the United Nations and
current international rights instruments, in particular with reference to the World
Program of Action concerning Disabled Persons and the Standard Rules on Equalization of
Opportunities for Persons with Disabilities. It should cover all aspects of rights of
persons with disabilities, aiming at ensuring the overall improvement of the status and
living standard of disabled persons and the realization of their specific rights in areas
such as rehabilitation, education, employment, social security and accessibility for their
full participation in society.
He emphasized that on one hand the Convention shall clearly state all kinds of rights
entitled to disabled persons, but on the other hand and more important, states parties
shall take positive measures to ensure an friendly environment for facilitating the
realization of those rights.
To conclude his speech, Mr. Shen reiterated China's supportive position and called on
more states to join in the efforts of making contribution to the elaboration of the
Convention in a speedy manner.
Ms. Anuradha Mohit (National Human Rights Commission in India) spoke a number of
crucial aspects in the elaborating process of a proposed convention. First of all, she
touched upon emerging issues such as international cooperation for sharing of knowledge,
experiences and financial resources. She then mentioned that the convention on the theme
of disability is important since it would elaborate its existing rights to suit the
circumstances of people with disabilities and it would also establish a third generation
of rights such as right to access and reasonable accommodation.
In connection to "protection of the rights," she touched upon inseparable
nature of rights and duties /rights and remedies. If rights of persons with disabilities
are set out, there will always be an aspect of duties where such entity as States have to
guarantee their realization, and remedies have to be provided where the rights are
violated.
Lastly she touched upon complex meanings of pragmatism. Some states say that
"pragmatism" has to be considered in elaborating the convention, referring to
wider acceptability by Governments. Yet, standards of pragmatism are dynamic by nature and
differ depending on the stakeholders' interests and needs. Ms. Mohit said that, from a
viewpoint of persons with disabilities, realizing the rights, as equal to non-disabled
citizens in existing standards becomes the pragmatic standard. She furthered this argument
by adding another point that "standard" change over time and the new convention
would lay standards for an inclusive society, adding significant value to the doctrine of
human rights and development.
5. Objectives of the Seminar
Under the agenda item 5, a representative of the UNESCAP secretariat provided an
introduction to the purposes and expected outcome the Seminar. She stated that
participants were expected to develop the Declaration of Beijing.
She explained that participates were also expected to review the "Bangkok Draft
[proposed elements….]", "The Bangkok Recommendations" and other
regional documents and to formulate a policy-oriented statement on the question of the
elaboration of a comprehensive and integral convention on the rights of persons with
disabilities to be adopted as a Seminar outcome. She added that after the Seminar, the
adopted Declaration of Beijing together with he the Bangkok Draft [proposed
elements…..] will be submitted to the Ad Hoc Committee, in accordance with General
Assembly resolution 57/229, which invited the views of Governments and the United Nations
system on the elaboration of a new international convention on the rights of persons with
disabilities; copies of these materials will be made available by UNESCAP for the
information and comment as appropriate to the Special Rappoteur on Disability of the
Commission for Social Development, Sheika Hissa bint khalifa bin Hamad Al-Thani as well as
to the Department of Economic and Social Affairs of the United Nations Secretariat.
6. Towards the Elaboration of an International Convention on the Rights of Persons
with Disabilities
6.1 Overview of developments towards a proposed convention and implications for
building national capacities for equalization of opportunities
Under the agenda item 6.1, Mr. Clinton Rapley, resource person to the seminar, provided
a selected review of issues and activities related to the elaboration of a new
international convention on the rights of persons with disabilities. He recalled the
process had begun some 15 years earlier, originating in a recommendation of an expert
meeting, hosted by Government of Sweden at Stockholm from 17-22 August 1987, which
reviewed progress in implementing the United Nations Decade of Disabled Persons,
1983-1992, at its midpoint. The meeting recommended adoption by the General Assembly of a
convention on the rights of persons with disabilities by the end of the Decade.
Governmental experts made substantive presentations on options for drafting conventions to
the General Assembly in 1987 and 1989, which are reflected in its decision to direct
"special attention" to equalization of opportunities for persons with
disabilities.
The Economic and Social Council of the United Nations decided in 1990 that work should
begin on formulation of "standard rules" on equalization of opportunities, which
was carried out by means of expert consultations in all regions and in deliberations of
the Commission for Social Development. The outcome of this process, the Standard Rules on
the Equalization of Opportunities for Persons with Disabilities" was adopted in 1993
as General Assembly resolution 48/96, annex. The Rules provide policy and normative
guidance on promoting full participation and equality of persons with disabilities and
include a monitoring mechanism and provision for the appointment of a Special Rapporteur
by the Secretary-General. The first Special Rapporteur, Mr. Bengt Lidnqvist (Sweden)
presented three comprehensive progress reports and submitted recommendations on further
implementation of the Rules. With the adoption of General Assembly resolution 56/168, in
2001, which decided to elaborate a comprehensive and integral convention on the rights of
persons with disabilities, Mr. Lindqvist expressed the view that this would best be
realized by reinforcing the disability dimension in current human rights treaty bodies and
committing to the medium-task of elaborating a new convention.
The decision of the Assembly to initiate a process of elaborating a comprehensive and
integral convention to promote and protect the rights of persons with disabilities is
based on the statement of President Vincente Fox of Mexico to the General Debate of the
fifty-sixth session of the General Assembly in which he noted that if processes of global
development were to be sustainable and just, no one should be excluded. The delegation of
Mexico was thus proposing the elaborating a new international convention on the rights of
persons with disabilities in the context of development.
The elaboration of a comprehensive and integral convention is being carried out by an
Ad Hoc Committee of the General Assembly, which has received contributions of expert
meetings, workshops and seminars at all levels. Outcome documents presenting findings and
recommendations of recent regional expert meetings on the convention, which were held at
Quito, for the Americas region, Johannesburg, for the Africa region, Beirut, for the Arab
region and Bangkok for the Asia and Pacific region were made available to the second
session of the Ad Hoc Committee.
He noted the current seminar in Beijing is an integral part of that process, whose
outcome in accordance with General Assembly resolution 57/229 and the decision of the
second session of the Ad Hoc Committee on its further work, would be made available to the
Working Group that is to compile and present a draft text of a convention for
consideration of the Ad Hoc Committee at its third session.
Progress in the process of elaborating the new international convention raises several
policy considerations, which include: (1) definition in a legal sense of who is to be
covered by the convention and its key topics, operational definitions of persons with
disabilities, and accessibility in particular; (2) policy context and appropriate
institutional framework for the convention, its relationship to current international
instruments in the economic and social sectors and means better to reinforce the
disability dimension; (3) priorities among basic and supplemental articles in the new
convention; (4) capacity building for progress in elaborating and implementing the
convention; and (5) options for addressing contentious or complex and difficult issues.
6.2 Overview of UNESCAP moves towards an International Convention and the Bangkok
Draft on the proposed elements (outcome of the ESCSP workshop 14-17 June 2003)
Under the agenda item of 6.2, a representative of the UNESCAP secretariat provided a
brief overview of UNESCAP moves towards an International Convention that took place during
this year. She explained about a sequence of UNESCAP activities including (ii) the first
Expert Group Meeting which took place from 2-4 June in Bangkok and its outcome document,
the Bangkok Recommendation, (ii) the second Workshop on Women and Disability in which
participants discussed gender mainstreaming in the process of elaboration of the
Convention (18-22 August 2003, Bangkok) and its outcome document, "Statement of
Recommendations" and (iii) the latest event, the Regional Workshop towards a
Comprehensive and Integral Convention on the Protection and Promotion of the Rights and
Dignity of Persons with Disabilities (14-17 October 2003, Bangkok) and its main outcome
document, the Bangkok Draft [proposed elements … ]".
Further she explained that the first EGM developed a regional framework for the
proposed elements of the Convention, and the second workshop reviewed the Bangkok
Recommendations and focused on an very important issue of gender mainstreaming in the
elaboration process, and the last expert group workshop developed the fully elaborated
framework for the proposed elements of the Convention, developed based on the Bangkok
Recommendations, incorporating opinions of regional experts and with assistance of
facilitators to the UNESCAP Secretariat.
She focused on some key common denominators extracted from recommendations of all these
previous regional meetings, including:
- The need for active participation of persons with disabilities, and representatives of
disability organizations in all processes of the Convention (preparation, implementation
and monitoring);
- The need for balancing none-discrimination and specific rights of PWD (comprehensive
nature of the Convention);
- The critical role of the new Convention to articulate how specific human rights
protections required by PWD will apply to the existing UN human rights treaties;
- The need for the new Convention to build on the existing UN human rights treaties and
universal human rights;
- The need for provision of reasonable accommodation/positive measures by the state
parties to achieve equality;
- Accessibility (both physical access and access to information) as a critical element of
the Convention.
- Mainstreaming of disabled women's issues in an elaboration process, including
participation of disabled women in the process.
6.3 Overview of the second session of the Ad Hoc Committee on a Comprehensive and
Integral Convention on Protecting and Promotion of the Rights and Dignity of Persons with
Disabilities (16-22 June 2003, New York)
Under agenda item of 2.3, Mr. Shen Zhifei, Deputy Secretary General of the State
Council Coordination Committee on Disability, China, shared information on the 2nd UN Ad
Hoc Committee meeting in New York, held in June 2003. By recalling the appeal for a new
international convention expressed by leaders of international disability organizations in
Beijing in March 2003, Mr. Shen said that the current Convention process in UN was the
outcome of joint efforts of various stakeholders especially disability movement worldwide.
He regarded the Second Ad Hoc Committee meeting as a progress, compared to the First
Session for a number reasons: 1) wide consensus has been reached in favor of elaborating a
Convention during this meeting; 2) in-depth discussions signifies a good indication that
the process might be accelerated; 3) decision to set up a drafting working group composed
of governmental representatives from member states and NGOs. Convention process entered a
critical stage, bringing good news for persons with disabilities and the international
community as a whole.
Mr. Shen reminded participants that the unique opportunity before us should be
treasured. He said, at the Second Ad Hoc Committee Session, while deliberating elements to
be considered by the future Convention, many states were of the opinion that the
Convention should cover all aspects of rights such as political, civil as well as
economic, social and cultural fields and governments should be obliged to take positive
measures to eradicate barriers and create favorable environment for full participation of
persons with disability. Given the fact that 80 percent of disabled persons are living in
developing countries, the Convention shall have full account of the status quo and concern
of developing countries.
To successfully promote the Convention, a realistic and workable strategy must be
adopted - he emphasized.
7. Rights based approach to development and empowerment of persons with disabilities
7.1 Capacity building of national governments and NGOs to promote the rights of
persons with disabilities
Under the agenda item 7.1, Mr. Nicholas Howen (Regional Advisor for Asia and the
Pacific, United Nations Office of the High Commissioner for Human Rights) provided an
overview of basic principles of the proposed (and any) international human rights treaty
and rights-based approach to development.
He emphasized that in human rights-based approach, development is defined as
"realization of all rights", and development is about human begins and not sheer
abstract concept of economic growth. He emphasized that an individual has a right to
participate in the process of development. In rights-based approach, international
community has obligation to create an international order that helps development with
fairness and justice.
He listed six key principles about the proposed Convention for PWD, including (1) the
concept of non-discrimination, (2) need for changing socio-cultural prejudices and
stereotypes against PWD, (3) as starting point, the listing of existing human rights
accepted by international human rights treaties (not to create a new set of human rights
for PWD but to ensure how these rights should apply to PWD, (4) inter-dependency and
indivisibility of all rights; (5) the link among enforceability, remedies, and
accountability (e.g. PWD should be able to claim their rights and seek appropriate
remedies).
He continued his presentation by stressing that a human rights approach to development
emphasizes that those being discriminated against must be consulted in the process that
affect their lives and the convention could address this well. Participation means
consulting with people early about their aspirations, allowing them to argue what is in
their best interest in the competition for scarce resources, playing some roles in
implementing programmes as well as monitoring and evaluating them.
He concluded his presentation by re-affirming that human rights guarantee only minimum
and not maximum, and concerning socio-economic rights, human rights allow states to put
them in place gradually, within the prevailing conditions in the country and available
resources.
7.2 Presentation of the Biwako Millennium Framework for Action towards an
Inclusive, Barrier- free and Rights- based Society for Persons with Disabilities in Asia
and the Pacific (MBF) as a tool for mainstreaming disability concerns
Under agenda item 7.2, UN NESCAP representatives briefly introduced the key elements of
the UNESCAP policy guideline document, the BMF and its relevance to the process towards
the Convention.
They listed seven priority targets for action, stipulated in the BMF, including; (1)
self-help organizations of persons with disabilities; (2) women and disabilities; (3)
early detection, early intervention and education, (4) training and employment; (5) access
to built environments and public transport; (6) access to information and ICTs; (7)
poverty alleviation through capacity building, social security and sustainable livelihood
programmes. Furthermore they added four strategies for achievement of the targets,
including (1) national plan of action on disability; (2) promotion of a rights-based
approach and support the process towards the Convention; (3) disability statistics and
common definitions of disabilities for planning and (4) strengthening CBR.
They explained the urgent need for considering incorporating disability perspective and
concerns in the Millennium Development Goals and other multilateral development projects
of UNESCAP, taking into consideration the fact that BMF was formulated based on the same
format as MDGs for its specific purpose of integration of disability concerns. They also
emphasized the pressing need for incorporating disability perspective in the monitoring of
implementation of the MDGs in connection with a major review of progress in MDG
implementation scheduled for 2005. In this regard they emphasized the urgent need for and
UNESCAP's commitment to improved coordination between the UNESCAP disability team and the
MDG focal point to ensure this matter.
They concluded their presentation emphasizing that UNESCAP approach and the BMF
document adopted a double track approach with a paradigm shift for advancement of persons
with disabilities focusing on human rights approach, and at the same time UNESCAP's
continuing effort to push forward developmental approaches to advancement of persons with
disabilities and the promotion of their human rights. They explained an example of several
disability mainstreaming projects (into development projects) of UNESCAP, such as
disability classification and statistics projects, and the planned focus on poverty and
disability in 2004-2005 UN ESCAP work programme.
8. International Cooperation
8.1 Future options for disability policy and programme within the context of a
broad human rights framework
Under agenda item 8.1, Ms. Akiko Ito, the focal point on disability issue, UN DESA,
provided an overview of future options for disability policy and programme within the
context of a broad human rights framework.
Ms. Ito covered various issues about the process toward the Convention including (1)
the historical background; (2) the 4th Review and Appraisal of World Programme of Action
and the continuing work of promoting the broad human rights framework; (3) the Ad Hoc
Committee process and the "organic" linkage within the existing normative
framework and (4) possible options for promoting the rights of people with disabilities in
the future.
She stressed the importance of utilizing the existing frameworks for making disability
issue a part of the human rights agenda and policy, and incorporating disability into the
overall development agenda, policy and networks. She explained a few steps towards
promoting the rights of persons with disabilities; including (i) full exploration of the
existing human rights, standards and other mechanisms; (ii) improving access to the
institutional resources for utilizing legal and administrative procedures; (iii) capacity
building in the disability community as well as non-traditional sector of society and (iv)
networking to forge a sense of integrated community to prioritize the agenda for promotion
and protection of the rights of PWD.
She mentioned a few methods of promoting the policy discourse, including (i) adoption
of legislative framework (by the States), reflecting international standards; (ii)
commitment of policy makers, progarmme planners and technical experts to broaden policy
dialogues on disability; (iii) involvement of civil society in a broad discourse on law
and disability policies and (iv) organization of innovative forums for legal and policy
experts, academics and civil society.
She concluded her remarks by emphasizing the need for converging new and continuing
efforts to develop a new comprehensive framework for disability integration.
8.2 Ongoing work on disability to support the process toward the Convention
Under agenda item 8.2, Ms. Mona Pare, a junior officer, UN DESA, briefly covered the
ongoing work of DESA on disability, to support the process towards the Convention. Ms.
Pare explained about the critical role of the UN global programme on disability in the
convention elaboration process within the framework of the overall mandate of the Division
for Social Policy and Development (DESA). She fully described the conceptual framework of
DESA work, listing some particular activities.
The main issued covered in her presentation included the growing awareness of the need
to link development and human rights in practice, as well as to mainstream disability
within development and human rights. She looked at the critical role of the UN global
programme on disability in facilitating the establishment of links between development and
human rights.
They added the key elements of their work including (i) the provision of support in
emerging and key areas through research, analytical papers, call on to experts, and
organization of meetings; (ii) the facilitation of dialogue by making information
accessible, organizing meetings, on-line virtual discussion forums; (iii) facilitation of
the use of broader human rights framework and provision of information on disability norms
and standards and their implementation at different levels, and conducting training
workshops and seminars for capacity building.
The main projects described in her presentation included their on-going project on the
Resource on International Norms and Standards relating to Disability, and the Compendium
of International and Regional Instruments relating to Disability, which were published,
and made available under their website, as well as UN DESA's virtual (on-line) discussion
forums.
She added a new project that is currently being developed, namely the Disability Norms
and Standards Project, which has various components such as the creation of a database on
international, regional and national norms and standards relating to disability, and
training programmes in capacity building in the relevant area.
9. National policies and national capacities
9.1 Implications for building national capacities for equalization of opportunities
Under agenda item 9.1, Mr. Clinton Rapley, seminar resource person, reviewed the role
of development cooperation activities in building national capacities for equalization of
opportunities. He recalled that work related to the elaboration of a comprehensive and
integral convention being carried out by the Ad Hoc Committee had focused mainly on issues
of purposes, structure and content of the new convention. Little attention had been
directed to date on the question of building national capacities and strengthening
institutional capabilities.
The policy basis for development cooperation for equalization of opportunities is
presented in Rule 21 of the Standard Rules, which considers the role of technical and
economic cooperation in promoting equalization of opportunities. However, 10 years after
the adoption of the Rules by the General Assembly, development cooperation options to
build national capacities for equalization of opportunities in mainstream development
remain limited - a finding presented by Mr.Bengt Lindqvist in his first monitoring report,
for the period 1994-1997, as Special Rapporteur on Disability.
In part this results from the absence of persons with disabilities in any of the eight
development goals of the Millennium Declaration, which is a principal source of policy
guidance for international cooperation in the twenty-first century. No efforts have been
made to incorporate the disability dimension in mainstream coordination tools of the
United Nations system for development cooperation - the Common County Assessment and the
United Nations Development Assistance Framework. Moreover, persons with disabilities are
included as members of a "vulnerable group" in the guidelines for the
"Poverty Reduction Strategy Paper" of the World Bank and International Monetary
Fund.
Progress in reinforcing the disability dimension in mainstream development cooperation
activities in order to empower persons with disabilities to participate on the basis of
equality in all aspects of life ultimately is related to the process of elaborating a
comprehensive and integral convention to promote and protect their rights of persons with
disabilities in the context of mainstream development.
Empowerment of persons with disabilities in the twenty-first century will also involve
new partners in development, including the private sector, and technologies that provide
environmental accessibility with reasonable accommodation.
9.2. Review of national situation of the rights of persons with disabilities
Under agenda item 9.2, Ms Penny Price (Resource Person) and Mr Clinton Rapley (Resource
Person) and an ESCAP representative facilitated the presentation of national experiences.
Nineteen papers and short presentations were made during this session from Afghanistan,
Bangladesh, Cambodia, China, Fiji, India, Japan, Kazakhstan, Mongolia, Nepal, Philippines,
Republic of Korea, Samoa, Sri Lanka, Thailand and Vietnam, Hong Kong (China), Inclusion
International, Asian and Pacific Region, and the Japanese Federation of Organizations of
Disabled Persons.
The presentations reflected the strong commitment of Governments of the region to
addressing the issue of disabilities. They also reflected the regional diversity in terms
of development and achievements towards the equalization of opportunities for persons with
disabilities.
Common elements discussed included the importance of developing a legal framework, and
adoption of non-discrimination legislation or mechanisms. National policy had been
developed by many Governments, some on the basis of 5 years plans, and this was seen as an
area of high priority by those Governments who had not yet developed national policy and
plans. Annual reporting of progress in implementing measures for persons with
disabilities, reported by the Government of Japan, was viewed as exemplary practice.
Common concerns expressed included strong awareness of the link between disability and
poverty, and the need to address poverty within the framework of national development.
Poor implementation of current laws and regulations, and the lack of data and statistics
on persons with disabilities were seen as related problems. Continuing limited access to
basic social services such as health, education and employment prevented the achievement
of equalization of opportunities for persons with disabilities. Particular problems forced
by countries in post-conflict situations were addressed, noting that difficulties faced by
particularly vulnerable groups everywhere, such as women and children with disabilities,
were magnified in this context. The need to identify positive measures, and priority areas
for action was emphasized. It was strongly affirmed that all measures concerning persons
with disabilities should be undertaken in consultation with persons with disabilities and
their organizations. Social development was fundamental for the achievement of inclusive
and participatory societies.
Governments acknowledged the important role played by current international instruments
in guiding the development of national policy and action plan implementation. Particular
reference was made to the invaluable guidelines provided by the Agenda for Action of the
first Asian and Pacific Decade of Disabled Persons (1993-2002), and more recently, by the
Biwako Millennium Framework for Action for the second Decade (2003-2012). Further
reference was made to the World Programme of Action, and the Standard Rules for the
Equalization of Opportunities for Persons with Disabilities.
Governments expressed unanimous support for the proposed Convention on the rights of
persons with disabilities and expressed the view that the convention would provide clear
guidance for the development of national policy and action. It was viewed as important
that the Convention contain the specific delineation of the rights of persons with
disabilities and that States parties accept responsibility under the terms of the
Convention. There was also a need to take differences in national capacity into account.
10. Orientation for working group discussions
Under this agenda item 10, a UN ESCAP representative provided an overview of issues to
be considered in the group work, including priority issues to be selected from the
participants, from a wide range of recommendations presented by regional experts and
priority issues related to basic principles such as full participation of persons with
disabilities and accessibility. It was made clear that the purpose of the Seminar was not
to discuss on technical details of the articles and provisions, but to discuss on
priorities among articles in the convention text, general principles, definitions in a
legal sense (who will be covered by this Convention), options for addressing contentious
and complex issues such as monitoring, policy context and utilization of existing
institutional framework, and new emerging issues for implementation such as technical
cooperation, capacity building and none-state parties' obligations, which will form the
basis for preparation of the Declaration of Beijing (to be prepared by the Drafting
Committee).
11. Working Group Discussions
Under the agenda item 11, the participants were divided into the following three
working groups;
- Preamble, Definitions (Disability, Discrimination), General Obligations of State Parties
- broad definition of accessibility (Part I of the Bangkok Draft)
- Civil and Political Rights (Part II of the Bangkok Draft) and Economic, Social and
Cultural Rights (Part III of the Bangkok Draft)
- Other State Obligations/Application of the Convention (Part IV to the end of the Bangkok
Draft)
Each group elected a facilitator and a rapporteur and led a discussion covering issues
assigned. At the end of the day, four groups came back to the plenary room and shared a
progress report from each group (see the group reports in Annex III).
The drafting committee discussed reports from each of the four working groups, and
reviewed presentations and key discussions during the plenary sessions, and formulated a
set of recommendations and declarations on the priorities of the elaboration of a new
comprehensive and integral Convention on the rights of persons with disabilities, under a
policy-oriented statement entitled the "Declaration of Beijing".
While the committee was undertaking this task, a filed visit was arranged by CDPF for
the rest of participants.
12. Discussion of the Draft Declaration of Beijing
Under agenda item 12, at the plenary session, the participants examined and had an
in-depth and detailed discussion over the content and language the draft Declaration of
Beijing (prepared by the Drafting Committee).
13. Adoption of the Declaration of Beijing by participants
At the end of the discussion, the draft Declaration of Beijing was unanimously adopted
after some amendments and revisions (please see the section I of this report for the
adopted version of the Declaration of Beijing).
14. Closing Session
Also, CDPF representative, Ms Tang Xiaoquan, President of China Disabled Persons'
Federation made a closing remark by thanking contribution made by resource persons,
facilitators, rappoteurs and all the participants.
Summary of key discussions during the Seminar
- The issue of definitions in a legal sense was raised. Particularly the defining
disability was raised for purpose of identifying categories of people to be protected and
covered by the Convention. This issue was discussed in June at the Second Session of the
Ad-Hoc Committee and more complex conceptual challenges were revealed. In the ESCAP EGM on
the Convention (2-4 June 2003) and the ESCAP Workshop (14-17 October 2003), the outcomes
have not made much improvement in tackling the definitions and challenges. In the Seminar,
participants were encouraged to seek possible options in dealing with this complex issue.
- UNESCAP was invited to raise the capacity in the region to work on the issues of
definitions by organizing workshops and seminars inviting UN system experts and other
related experts of mainstream professional bodies. Such capacity building activities
should be held before the next session of the Ad Hoc Committee.
- There was an exchange of opinions on the Bangkok Draft. While one delegate pointed out
that Bangkok Draft was not an inter-governmental consensus statement (NOT adopted) and
certain points in the Draft were still not agreed upon (contentious issues), several
participants received it as a very important technical document. The participants were
asked to utilize the Bangkok Draft as one of the main background documents and key
reference materials, together with the Bangkok Recommendations, for discussions and
preparation for the consensus statement for possible adoption.
- The Seminar recognized the important contribution of two UN normative documents, the
Standard Rules of the lization of Opportunities for Persons with Disabilities and the
World Programme of Action. These two documents have built a solid base to support the
elaboration of the proposed Convention that is essential to meet demands of the millennium
in protecting and promoting the rights of persons with disabilities.
- The issue of monitoring mechanism was raised and options were mentioned including the
utilization of existing mechanism, converging the existing monitoring mechanism of various
human rights treaties (considering the burden of state parties with a new convention) and
re-vitalizing the existing function of the Special Rapporteur on Disability Issues (of the
Commission for Social Development).
- It was recommended that governments would include disability issues into technical
cooperation framework, particularly in terms of technical support and transfer of
resources, as appropriate, to help developing countries to overcome difficulties for the
purpose of implementation of the Convention and realization of equalization of
opportunities for persons with disabilities.
- On international cooperation to support capacity building at national level, it was
suggested that UN and UNESCAP could make use of existing national coordinating committees
and networks of NGOs/INGOs.
- To support the elaboration process of the Convention, national coordinating committees
should be supported through ongoing regional/international workshops, and in particular
UNESCAP was invited to provide technical services on capacity building and sensitizing at
sub-regional level.
- The question was raised concerning the modality of application for and utilization of
the United Nations Voluntary Fund, which is a very small-scale fund for seed money for
NGOs in development countries. A few NGOs inquired the "know how" about
application for funding from the voluntary fund for capacity building. The information
about application for funding from the UN Voluntary fund is available on the DESA home
page.
- UNESCAP explained the mechanism of existing Trust Fund (a very small technical
cooperation fund) on disability, and a few examples of UNESCAP technical cooperation
projects with regional NGOs, such as the forthcoming workshop with APDF in Nov. 2003, and
a workshop with a NGO on Downs Syndrome to be held in Singapore sometimes during the first
quarter of 2004.
- 7 seats for the Working Group were announced (China, India, Japan, Lebanon, ROK,
Philippines, and Thailand), and 5 Seats from the Western European Block was announced
(Canada, Germany, Ireland, New Zealand, and Sweden).
- The issue concerning the process of the work to be done by the Working Group was raised
and clarified. The first working group session will take place in January 2003, for 2
weeks. At current stage, a number of contributions submitted by governments,
inter-governmental bodies, NGOs, and other concerned parties are being complied in the
form of draft text. Governments, NGOs, UN regional commissions, intergovernmental bodies,
and other relevant parties are invited to make their suggestions on the elements of the
Convention available to the Working Group/Ad Hoc Committee, in a various forms, such as
draft text forms, broad conceptual documents, guiding principles, technical substances,
etc. The Working Group is mandated to compile all of those contributions for submission to
the forthcoming 3rd Session of the Ad Hod Committee. On-line web page on progress of the
work done by the Working Group is available under UN DESA disability sub-programme home
page.
- Afghanistan will give the fullest support to the Bangkok Draft and upon minor
modifications to meet socio-economic needs in the country; it will submit a national
version of the Convention Text, based on the Bangkok Draft. The Philippines announced the
country's endorsement of the Bangkok Recommendations and the Bangkok Draft. The
Philippines will not draft the text of its own, rather it will give the fullest support to
the Bangkok Draft at the Working Group and the 3rd session of Ad Hoc Committee.
Furthermore, the Bangkok Draft was fully supported by the coalition of NGOs in Japan.
- China has developed its own version of the Convention text, and India is in the process
of developing its own national version. The Republic of Korea is planning to develop and
submit its own national version, too.
- The issue about monitoring mechanisms, and individual complaints (communication)
procedures were singled out as "contentious" issues, and some governments are
showing reservations concerning inclusion of individual communication procedures. In this
regard, an option of reservation was raised and clarified. Regardless of diversified views
and opinions about monitoring mechanism, there is a consensus about the need for creating
international and national monitoring mechanisms with the proposed Convention. The
majority view was that it is not necessary for the international review mechanism to have
provisions to receive individual complaints and to initiate inquiry.
- The Group affirmed that all human rights instruments should be recognized in the
Convention. The participants agreed that the Convention should make use of existing rights
instruments but they must be applicable to ensure full enjoyment of PWDs of the rights.
- The comprehensiveness of the Convention was reaffirmed and all rights including
socio-economic and political rights are important. However, in terms of priorities, the
general feeling was expressed that while we need a comprehensive Convention covering all
aspects of rights for PWDs, the focus should be on disability-specific rights, including
the accessibility rights.
- Positive and proactive measures are very important in ensuring the realization of rights
of PWDs.
- Reasonable adaptation (they preferred the term "reasonable adaptation" to
"reasonable accommodation) is a very important element yet there is further need to
agree upon definitions that are acceptable to stakeholders.
- It was agreed that rights to independent living and living in own community of PWDs is
critical however the definition of independent living should be further elaborated.
- Concerning service delivery, an issue related to dynamism, modality and options was
raised, as PWDs should choose what is in their best of interest, in accordance with
individual needs and circumstances.
- The participants agreed upon that there is a need for establishing an appropriate
independent monitoring mechanism at international and national levels, with balanced
participation of PWDs and organizations of PWDs.
III. ORGANIZATION OF THE WORKSHOP
1. Background
Globally, developments towards an international disability-specific convention have
been accelerated during the last couple of years.
The United Nations General Assembly, by its resolution 56/168 of 19 December 2001,
established an Ad Hoc Committee to consider proposals for a Comprehensive and Integral
International Convention to promote and protect the Rights of Persons with Disabilities.
The first session of the Ad Hoc Committee was held in New York in 2002, and the subsequent
General Assembly resolution, 57/229 of 18 December 2002 further encouraged Governments,
United Nations bodies, including regional commissions, to make available to the Ad Hoc
Committee suggestions and possible elements to be considered in proposals for a
convention.
In the UNESCAP region, Governments declared the extension of the Asian and Pacific
Decade of Disabled Persons, 1993-2002, for another decade, 2003-2012 through Commission
resolution 58/4 of 22 May 2002. The Decade was renewed to improve on sub regional
differences in progress and give further impetus for full participation and equal
opportunities of persons with disabilities.
As the policy and action guideline for the renewed decade, the High-level
Intergovernmental Meeting to Conclude the Asian and Pacific Decade, Otsu, Shiga, October
2002 adopted the Biwako Millennium Framework for Action towards an Inclusive, Barrier-Free
and Rights-Based Society for Persons with Disabilities in Asia and the Pacific (BMF).
The BMF promotes the paradigm shift from a charity-based approach to a rights-based
approach to disability and development, and incorporates disability concerns into national
policies and programmes for the purpose of achieving the targets of the United Nations
Millennium Development Goals (MDG). The BMF sets out seven priority areas [2], and it urges Governments to ratify core international
human rights treaties, to support the elaboration of a proposed convention, and to include
persons with disabilities at every-level of the elaborating process.
Following these resolutions and the BMF, UNESCAP organized the Expert Group Meeting and
Seminar on an International Convention to Protect and Promote the Rights and Dignity of
Persons with Disabilities held from 2 to 4 June 2003. The Meeting produced a comprehensive
set of General Recommendations on the proposed convention, entitled 'the Bangkok
Recommendations.'
The Bangkok Recommendations were submitted to the Second Session of the Ad Hoc
Committee, held from 16 to 27 June 2003 in New York, where Member States unanimously
agreed to start elaborating a proposed convention. At this Committee, Working Group was
established to develop a consolidated draft convention text for the Third Session of the
Ad Hoc Committee to be held next year. This Working Group is composed of twenty-seven
governmental representatives (Asia 7, Africa 7, America 5, Western Europe 5, and Eastern
Europe 3), twelve representatives of disability NGO and one representative from National
Human Rights Institute. The Working Group is scheduled to be held from 5 to 16 January
2003 in New York.
Prior to the Workshop, two phases of Workshop on Women and Disability: Promoting Full
Participation of Women with Disabilities in the Process of Elaboration on an International
Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities were
held 18 to 22 August 2003 and 13 October 2003. This Workshop produced a Statement of
Recommendations, which express unified support for a proposed convention with specific
recommendations from disabled women's perspectives.
The Regional Workshop towards a Comprehensive and Integral International Convention on
Protection and Promotion of the Rights and Dignity of Persons with Disabilities was held
to contribute to the global elaboration process on a proposed convention, by sufficiently
incorporating concerns of women and men with disabilities in Asia and the Pacific region.
The region has the largest number of persons with disabilities (approximately 400 million)
in the world. As the outcome of the Workshop, it intended to adopt a draft of a proposed
convention, entitled "Bangkok Draft.'
UNESCAP invited individual experts of disability policies and human rights, and
participants representing the previous Workshop on Women and Disability. All these experts
were expected to contribute their substantive and technical knowledge to the Workshop as
well as empowering themselves with direct involvement in a convention elaborating process.
Experts were from governmental agencies, semi-governmental agencies and civil society
organizations (organizations for persons with disabilities and self-help organizations of
persons with disabilities). Persons with disabilities include those who have physical,
visual, hearing and psychiatric disabilities.
The Workshop had three major components. The first one (the first day) was to review
the global and regional elaborating processes. The second one (the second day and the
third day) was the working group discussions where participants were divided into four
working groups and worked on the Bangkok Discussion draft. This Discussion draft was
prepared, prior to the Workshop, in light of the Bangkok Recommendations and statement of
recommendations from the Workshop on Women and Disability. The third component (the last
day) was to incorporate and synthesize the discussions into a set of General
Recommendations on elements and principles for the Bangkok Draft as well as developing the
Bangkok Draft.
Immediately after the Workshop, the Bangkok Draft was revised by the UNESCAP
facilitator, based on the last discussion at the Workshop and the "Bangkok Draft
(version 2)" then was made available to this Seminar for discussions and for
formulation of a political statement entitled the Declaration of Beijing, in the end. Both
this "Bangkok Draft [the proposed elements ….]" and the Declaration of
Beijing (outcome of this Seminar) will be submitted to the Ad Hoc Committee with a copy to
a special rappoteur on Commission on Social Development, and the Department of Economic
and Social Affairs (DESA).
2. Attendance
The Seminar was attended by 27 government experts from 17 countries of the ESCAP
region, resource persons and a number of observers from 2 UN agencies and 19 NGOs and
other entities. (See Annex I).
3. Opening of the workshop
A welcome speech was delivered by Mr. Deng Pufang, the Vice-Chair of the State Council
Coordinating Committee on Disability and Chairperson of the China Disabled Persons'
Federation (CDPF).
Mr. Deng first extended welcome to all participants on behalf of the Chinese Government
and 60 millions of disabled persons in China and its organization, CDPF. He said that with
experience and lessons learnt from the international disability movement in the past two
decades, we were convinced that the cause for disabled persons is not only a matter
related to human rights but also social development; therefore the future convention
should have full account of these two different yet inter-related aspects or elements. He
expressed his hope to see a Convention becoming a helpful instrument to facilitate and
promote social development and cause for disabled persons in each country, rather than
something that might evoke new disputes and contradictions among parties in the disability
area.
To conclude, Mr. Deng urged an early outcome of the Convention, adding it was really a
pressing issue to be addressed by the international community for the sake of disabled
persons as one of the most disadvantaged groups in the world and in this regard, Asian and
Pacific region should have a more active and proactive role to play at the world arena and
make its contribution for the Convention process.
On behalf of the United Nations Economic and Social Commission for Asia and the Pacific
(UNESCAP), Ms. Keiko Okaido, Deputy Executive Secretary, UNESCAP read the opening message
by Dr. Kim Hak-Su, Executive Secretary of ESCAP
In his opening statement; Dr. Kim first expressed his gratitude to the Government of
China and CDPF which have greatly supported the efforts of UNESCAP, both for the past and
present Asian and Pacific Decades of Disabled Persons. He then extended his appreciation
to the United Nations Department of Economic and Social Affairs (DESA).
Dr. Kim Hak-Su explained the international and regional background of the Seminar and
stressed its significance, citing the Seminar's expected outcome, the Declaration of
Beijing will be submitted together with the Bangkok Draft to the Working Group,
commissioned under the Ad Hoc Committee for a Comprehensive and Integral International
Convention to Promote and Protect the Rights of Persons with Disabilities in New York.
He showed his appreciation to the fact that experts from 6 out of 7 Asian Block
membership of the Working Group under the Ad Hoc Committee had come to the Seminar, and
further appreciated the hard-work done by delegates from the China Disabled People's
Federation (CDPF who was the co-organizer of this Seminar).
He concluded his opening remarks by reaffirming the paradigm shift from a charity-based
approach to a rights-based and development approach towards empowerment of persons with
disabilities, the principle of the current Asian and Pacific Decade of Disabled Persons.
On behalf of Disabled People's International (DPI), a message was delivered by Ms.
Venus Illgan, the Chairpersons of DPI. First she conveyed to the participants warm
greetings from the World Council of Disabled Peoples' International - a global federation
of national cross-disability organizations of disabled persons with consultative status
with the Economic and Social Council of the United Nations.
Ms. Illagan said that DPI was very pleased and appreciative of the various initiatives
of the Asia-Pacific region in support of the ongoing efforts for an international
convention to promote and protect the rights of disabled persons. She valued the strong
partnership among the UN ESCAP, various governments and non-governmental organizations
(including those of disabled persons), which had made the ESCAP region one of the more
active contributors of knowledge and inputs to the ongoing work for a disability rights
convention. In theory, disabled peopled are covered by the existing international human
rights framework in the same manner and to the same extent as all people. In reality,
however, the framework is deficient for persons with disabilities in several respects. The
existing treaties do not adequately address the unique physical, social, economic and
legal circumstances of people with disabilities, and in particular, the common barriers to
the enjoyment of their basic human rights such as the right to education, employment,
health care, and housing. Also, the current framework is not effective in identifying
practices that lead to severe rights abuses against disabled people. Finally, many of the
institutions tasked to ensure enjoyment of the basic rights and entitlements of people
with disabilities are under-resourced and often lack a critical disability rights
perspective. She stressed that the new Convention should be a human rights instrument
based on the principles of equal opportunity, equal rights, equal treatment and
non-discrimination. She stressed that the new Convention should be comprehensive in scope
and it should be one addressing the economic, social, cultural, civil and political rights
of persons with disabilities. She continued saying that persons with disabilities have the
claim to all and the same human rights that have been articulated in human rights laws.
She stressed that the purpose of the new Convention should not to invent new rights for
disabled persons but to ensure the guarantee of the rights already recognized for all
people by the various UN human rights treaties.
She concluded her speech by thanking the UN ESCAP, CDPF and the Government of China as
well as various governments and non-governmental organizations in the region for their
strong commitment and support to the work for a thematic Convention.
On behalf of the United Nations Department of Economic and Social Affairs (DESA), Ms.
Akiko Ito, the focal point on disability, delivered a speech. First of all, Ms. Ito
thanked the organizers of the Seminar, for taking important action to face the significant
challenge in making the universal rights a reality of persons with disabilities. She
stated that the work of the United Nations accorded importance to the rights of persons
with disabilities in the broad normative framework (reflected in various declarations,
programme of actions of the United Nations global conferences and summits in 1990s, and
their respective five-year review, particularly on such issues as poverty eradication,
advancement of women and adequate and accessible shelter). She recalled that the second
session of the Ad Hoc Committee, which took place in June 2003, had decided to elaborate a
convention and had formulated the Working group to prepare for the basis of the Convention
text before meeting at its first session, sometime early 2004. She appreciated the CDPF's
great contributions to the ongoing process for an elaboration of an international
convention on the rights of persons with disabilities, including its initiative of the
"Consultative Meeting on International Norms and Standards Related to
Disability" which was co-organized with DESA, held in 2002. She concluded her
statement by highlighting the support by DESA to a series of UN ESCAP meetings and
seminars on the Convention, which contributed to strengthening the ESCAP region's capacity
in the process.
The Seminar was officially inaugurated by Mr. Shen Guofang, Assistant Minister of the
Ministry of Foreign Affairs of China. He said all members of the international community
were obliged to protect the rights of persons with disabilities and to improve their
status. For this, a number of things should be done, including: (1) efforts to maintain
world peace, stability and a concerted economic and social development in each country, so
to create a sound environment for survival and development of all human beings; (2) States
need to take legislative, administrative and other measures to ensure the rights of
persons with disabilities to gain access to education, employment and more resources and
accessible services which are vital for their full participation in society; (3) to
enhance international cooperation in forms of mobility of funds and promoting technical
assistance particularly from the developed countries to less developed and developing
countries where 80 percent of world disabled persons live.
He reaffirmed that Chinese Government's commitment to protect rights of persons with
disabilities and promote international cooperation in this regard and hoped to work
together with all other counterparts in this region for the International Convention and
for a better future of disabled persons in the region.
4. Adoption of the subjects of the Seminar
The Seminar adopted the following subjects:
- Opening Session
- Election of the Officers
- Adoption of the agenda
- Keynote speeches
- Objectives of the Seminar
- Towards the Elaboration of an International Convention on the Rights of Persons with
Disabilities
- 6.1. Overview of the process of the Standard Rules and the proposed International
convention on the rights of persons with disabilities
- 6.2. Overview of ESCAP move towards an international convention and "the Bangkok
Draft [the elements of the Convention….. ]"
- 6.3.. Overview of the second session of the Ad Hoc Committee on a Comprehensive and
Integral Convention on Protection and Promotion of the Rights and Dignity of Persons with
Disabilities (16-27 June 2003, New York)
- Rights based approaches to development and empowerment of persons with disabilities
- 7.1. Capacity building of national governments and NGOs to promote the rights of persons
with disabilities
- 7.2. Presentation of the Biwako Millennium Framework for Action as a tool for
mainstreaming disability concerns
- International cooperation
- 8.1. Future options for disability policy
- 8.2. Ongoing work on disability to support the process toward the Convention
- National policies and national capacities
- 9.1. Implications for building national capacities for equalization of opportunities
- 9.2. Review of national situation of the rights of persons with disabilities
- Orientation of the Working Group Discussions
- Working Group Discussions
- Preamble, General, General obligation of State Parties
- Civil and Political Rights and Economic, Social and Cultural Rights
- Application of the Convention
- Discussion on the draft Declaration of Beijing
- Adoption of the Declaration of Beijing on Elaboration of an International Convention on
Promoting and Protecting the Rights and Dignity of Persons with Disabilities
- Closing of the Seminar
5. Adoption of on the Declaration of Beijing
The participants in the Seminar discussed, agreed upon and adopted a set of the
Recommendations contained in the Declaration of Beijing (see Section I of this report).
Annexes
Annex I: List of participants
Annex II: Programme of the workshop
Annex III: Report of three working groups
Working Group 1
Working Group 2
Working Group 3
Annex IV. List of references
Notes:
[2] The seven priority areas are as follows: (1) self-help
organizations of persons with disabilities and related family and parental associations,
(2) women with disabilities, (3) early detection, 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 and assistive technologies, and (7) poverty alleviation through
capacity-building, social security and sustainable livelihood programmes. |
