UN ESCAP/CDPF Regional Meeting on an International Convention on Disability
Beijing, China, 4-7 November 2003

Centre for Disability in Development, Dhaka, Bangladesh

Views on Proposed International Convention

A.H.M.Noman Khan
Executive Director
Centre for Disability in Development
Dhaka, Bangladesh.
October 2003

1. General Overview of Disability Specific Legislation

With a view to protect the rights of people with disabilities, and to promote the equal rights and opportunities for their participation in all spheres of life, the Ministry of Social Welfare, in association with the NFOWD had initiated the development of a draft legislation on disability-concerned issues in 1996. Different aspects of the proposed legislation were widely shared and analyzed with a cross-section of people which included people with disabilities, representatives of organization working with disabilities and disabled people's organizations, members of the national parliament, legal aid professionals etc. The Bill for the legislation (The Disability Welfare Act 2001) was finally enacted in the session of the Parliament on the 4th of April 2001. The legislation addresses, among others, protection of rights of PWDs, equal opportunities for participation in education, training, employment opportunities, tax relief and subsidies, exemption of custom duties for people with disabilities and their families on imported items and assistive devices, elimination of architectural/logistical barriers (facilitating access to built environment, transports, work places), dissemination of information on legislation, and prohibition of abuse and neglect etc. There had been a series of national and local level workshop and seminars to sensitize people from all walks of life on the rights and privileges of people with disabilities.

Although the enactment of the legislation has been accepted and considered as a milestone of development for ensuring the rights and privileges of people with disabilities in this country, the legislation itself has various limitations and shortcomings on its appropriate implementation. Considering the consequence, the government in association with NFOWD has taken into consideration a process of amendment of the said legislation. A committee has been formed with the representative of concerned government ministry/ department and NFOWD jointly to review the existing legislation and to propose necessary amendments. The matter is in consideration to establish necessary rules and bylaws in support of strengthening and specifying the effective implementation of the legislation.

2. Current level of Implementation of BMA

Bangladesh was involved at different stages of the development process of the BMA. The Government of Bangladesh along with the NGO community has extended with full commitment its solidarity to BMA. After the High Level Inter-governmental meeting at Otsu City, Japan, on BMA, the representatives from Bangladesh had returned and worked at Government and NGO level to design a national action plan and strategy for implementation of the BMA in the contextual scenario of Bangladesh. Some of the plans that were agreed upon in discussion with representatives of the Ministry of Social Welfare, Department of Social Services and the National Forum of Organizations Working for the Disabled (NFOWD) were immediate translation of BMA into Bengali, wider sharing in Government and NGO sectors and development of a comprehensive action plan on the implementation of the BMA.

The BMA has been translated into Bengali and will be distributed to all concerned. A round table sharing on BMA was held with representatives from different Government Ministries and Departments, NGO communities and other stakeholders headed by the Honorable Minister of Social Welfare. The meeting ended with a common consensus of solidarity with the BMA along with identification of specific recommendations for action to fulfill the objectives of BMA in the country. BMA has been incorporated into training curriculum of the training course for Government Social Services officers who are designated to implement disability interventions on behalf of the Government. This is also included into the training courses of the NGO managers and workers addressing disability issues in their working community. Such training courses are currently in practice in the country.

Orientation Workshops on BMA are conducted regularly at sub-national level for the concerned Government representatives and NGO Managers. The national NGO network meetings also included discussions on BMA for its concerned members and partners. Steps have been taken to incorporate BMA focused interventions in National Plan of Action on disability-concerned issues, which are expected to endorse by the National Coordinating Council on disability matters.

3. Why an International Conventions is needed

The proposed International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities would be an effective and powerful instrument in addressing domestic legislation concerns in Bangladesh. In addition, it would promote international cooperation through protecting the universal Human Rights for Persons with Disabilities.

4. Views and Inputs on the Components of the Proposed Convention

a. Preamble:

The preamble is thorough in its introduction and groundwork for the convention. However, there is one minor suggestion, which is recalling the Convention on the Rights of the Child (CRC).

b. Objective:

The objectives and principles do not take into account the different situations and capacities of all the member nations. This poses as a major problem because a developing country like Bangladesh is held to the same standard as a developed country like Japan. There are innumerable social, political, and economic differences between all countries. To put the developing world under a Western umbrella for the sake of generalization is impractical and non-beneficial for many developing nations in the Asian region. Obviously, Bangladesh does not have the same resources, capacities, and infrastructure, and is unrealistically held to the same standard as a developed nation with regard to goals, legislation, and enforcement. Simply, Bangladesh and other developing countries are not capable of living up to the developed world's unfeasible expectations. We must work within a realistic and flexible framework, and not one that looks good on paper, but is nonexistent in practice. What good is policy if it is not feasible?

c. Scope:

A system should be established to share and exchange practical economic, technical, and human resources among member states in order to promote the rights of Persons with Disabilities. In addition, the system should promote international and regional cooperation through the sharing of relevant experiences in making effective policy and legislation. The creation of an International Network and Cooperation mechanism to share ideas, experience and exchange information would be quite effective in this agenda. Practical relationships between Government and Non-Government sectors both domestically and worldwide should be facilitated and maintained in order to further the objectives.

e) Guarantee of equality and non-discrimination:

Our major concern is equal opportunity and access within the country's ability to provide so. Development must be done in the country context, and not under a worldwide model. For instance, in Bangladesh it is not feasible to install ramps on every public walkway or in front of every public building. Such action would surely promote equality, but due to the current domestic circumstances and situation, this is not admissible. Attainable goals must be set in order to achieve progress. There is no doubt that Bangladesh is committed to issues concerning people with disabilities, but it cannot work outside its capacity. There is so much that we wish was possible at present, but we will focus on what is possible.

f) Guarantee of specific rights:

We whole-heartedly support and agree with all of the aforementioned rights and liberties. However, we are concerned that the political, economic, and social capacities of Bangladesh cannot ensure the protection of these rights. To guarantee and sustain consistent enforcement in terms of preserving these rights is not possible within the Bangladeshi context. Again, a workable framework needs to be established in which we can be effective. All countries in Asia have differences. As such, these differences must be taken into account when addressing the issue at hand. The ambition of the conference must be adjusted accordingly. Flexibility is necessary for feasibility.

g) Monitoring/review/remedy mechanism:

Monitoring, review, and remedy mechanisms must compliment the abilities and situations of member states. For example, developed countries' mechanisms should be held to higher standards than those utilized in developing countries like Bangladesh. Countries should not be punished for their inability to reach unattainable goals. That said, one single international standard would not be good policy considering the vast national deviation in the Asian region. If there were such international standard, developed countries would be under ambitious and developing countries would be over ambitious. Appropriate and compatible goals must be set to ensure efficient practice of the convention.

h) Miscellaneous provision:

Cooperation and communication are necessary in the pursuit of this convention. Each country should carry its own weight. There is devout concern about the situation of disabled people nationally and internationally. As such, the fight to protect human rights should be fought together. Support networks and information exchange between all countries is necessary, and each member state must determine its capacities before it can decide upon an appropriate policy. This is a continuing process, and it must be flexible and accommodating in nature.

4. Views on process towards elaborating the proposed convention:

Government parliament officials, political leaders, NGOs, professionals, and disabled persons should be involved to provide input as a means toward elaborating the proposed convention. The authoritative body of the member states should be provided with adequate information as to develop a comprehensive understanding of the rationale behind the convention.

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