Country Paper on the Elaboration of the Proposed International Convention on Disability: Philippines

CATALINA L. FERMIN
Executive Director III
National Council for the Welfare of Disabled Persons
Philippines

I. GENERAL OVERVIEW ON DISABILITY SPECIFIC LEGISLATION

In the Philippines, national and international events have ushered in major changes and new milestones in the philosophical, social and development thinking in the approach towards assisting persons with disabilities.

A significant step forward are international commitments and declarations that provide impetus in all the development efforts of our country. A major breakthrough was the enactment of the Magna Carta for Disabled Persons (Republic Act 7277) that provides for the rehabilitation, development, and provision of opportunities towards self-reliance of PWDs and their integration into the mainstream of society. The Magna Carta sets forth a clear and comprehensive national mandate for the elimination of discrimination against persons with disabilities, that they have the same rights to participate in society as able bodied people do.

The passage of the law that gives more impetus on the implementation of the Accessibility Law which was passed by the Congress and signed by the President of the Philippines emphasizes that full participation is a right and as such persons with disabilities should enjoy equal access to training and employment, education, health and social services, built environments and public transport and other priority areas.

The recent proclamation by the President of the Philippines which is embodied in Proclamation No. 240 declaring the period 2003 to year 2012 as the Philippine Decade of Persons With Disabilities, is another manifestation of the government's ardent desire for the total development of the sector of disability.

The National Council for the Welfare of Disabled Persons as the national policy making body that coordinates and monitors issues and concerns has been directed to rationalize all disability related efforts by formulating and issuing a Comprehensive National Plan of Action for the Decade which translate the objectives of disability related laws and policies and concrete programs of action for the decade.

II. CURRENT LEVEL OF IMPLEMENTATION OF BIWAKO

MILLENNIUM FRAMEWORK

With the adoption 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 which proclaimed the extension of the Asian and Pacific Decade of Disabled Persons for another decade, 2003-2012; the Philippines conducted the following activities:

Interregional Seminar and Demonstration Workshop on Accessible Information and Communication Technologies for Persons with Disabilities. This was held on March 3-7, 2003 in Manila with the theme "Empowering Persons with Disabilities through ICT". It involved interested governments of least developed countries, low-income countries and countries with economics in transition.

This event was funded by UN-DESA in cooperation with the Department of Social Welfare and Development, National Council for the Welfare of Disabled Persons, United Nations Development Programme and the Department of Foreign Affairs.

Two milestone documents dubbed as "Manila Declaration on Accessible ICT" and "Manila Accessible ICT Design Recommendations" highlighted the Interregional Seminar.

Strategic Planning Workshop for the board members of the National Council for the Welfare of Disabled Persons, other stakeholders and associates which include national government agencies, non-government organizations, local government units and persons with disabilities, wherein the seven (7) priority areas of the Biwako Millennium Framework were top-billed and discussed. This was also conducted in the 16 regions of the country through our Regional Committees for the Welfare of Disabled Persons.

Convergence 2003: A National Consultation of Leaders with Disabilities and the Stakeholders on the National Plan of Action of the Philippine Decade of Persons with Disabilities was held in Davao City, Philippines on September 30 to October 2, 2003. It involved 173 delegates from 16 regions of the country composed of leaders with disabilities, representatives from national government agencies and non-government organizations with stakes on disability issues and concerns.

The national consultation was organized by the National Council for the Welfare of Disabled Persons (NCWDP) to critique and enhance the draft National Plan of Action for the Philippine Decade of Persons of Disabilities (2003-2012). The Biwako Millenium Framework for Action was presented including other related Presidential Proclamations and Joint Circulars. The outputs of this National Consultation will give inputs to the formulation of the Plan of Action which will serve as the framework and direction in implementing programs for the Decade.

III. PHILIPPINE GOVERNMENT’S POSITION ON THE NEED FOR AN INTERNATIONAL CONVENTION ON DISABILITY

The Government of the Philippines believes that a call for a new comprehensive and integral convention to promote and protect the rights of persons with disabilities is necessary and timely due to the pressing concerns against human rights violations and all kinds of discrimination against PWDs. The Convention should lead to the consolidation and integration of all existing human rights instruments related to disability. It should provide state parties clear and specific guidelines to eliminate all forms of human rights abuses against persons with disabilities in the context of standardizing a rights-based society for all.

The Convention should enhance the promotion and protection of the human dignity of persons with disabilities by establishing specific criteria for their inclusion in all state activities relating to their economic, social, cultural as well as civil and political rights. Likewise, state parties should incorporate a strict, systematic monitoring and evaluation mechanism in the proposed instrument to ensure compliance and respect for human dignity of persons with disabilities.

The Philippines as a member state of UNESCAP and having participated in the Expert Group Meeting and Seminar on an International Convention to Promote the Rights and Dignity of Persons with Disabilities held on June 2-4, 2003 in Bangkok, Thailand is endorsing the Bangkok recommendations on the Elaboration of a Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities.

With the election of seven (7) countries as members of the Asia Working Group which includes the Philippines, the Bangkok draft text on a Comprehensive and Integral International Convention on Protection and Promotion of Rights of Persons with Disabilities will be used by the group to prepare/enrich the text as basis for negotiation of member states and observers.

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Main	Programme	Materials	Online	Beijing

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