Preamble, Objectives, Definitions, General Obligation of States Parties
The Working Group comprised 14 participants from Government and Non-Government drawn
from across the Asia Pacific regions
The Working Group appointed
Facilitator: Mr A H M Norman Khan
Reporter: Judy Wee
The Working Group decided to use the revised Bangkok Draft as the basis of discussion
to express views and comments on a proposed draft Convention.
The discussion went through the draft line by line and came up with proposed changes as
we saw necessary. We worked on the language in the Bangkok revised draft to further
elaborate and exchange views.
Based on Bangkok Draft
Preamble:
Discussion on the need to list all Human Rights instruments as references
Decided not to amend, add or delete .. as these may be time specific .. and we do not want
to limit and norrow the list
Conclusion: We reaffirmed that all human right instruments should be recognized
in the Convention
Definitions:
Accessibility
"accessibility" means the measure or condition of things and services that
can readily be reached or used by people including those with disabilities, which could be
achieved, through (remove: inclusive and universal design) universal/inclusive
design or adaptation and by legal and programmatic means, in order to promote their access
to the physical environment, public transportation and information and communication,
including information, communication and assistive technologies, and to societal
structures and decision- and policy-making processes
Reason: as there are many references to both terms and they can be used
interchangeably and therefore these could be combined
Associate
"associate" includes a family member, companion, helper,
carer, or relative, or advocate for a person with a disability
Communication
"communication" includes oral-aural communication, communication using sign
language, tactile sign language, finger Braille, Braille, large print,
audio, accessible multimedia, human reader and other augmentative or alternative modes of
communication, including accessible information and communication technology.
Reason: used by deaf-blind people who acquired deafness before blindness.
whereas, finger Braille is used by those who acquire blindness before deafness.
Disability
Propose to delete A & B - because of its focus on individual and medical
approach
Proposal A
"disability" is the dynamic interaction between the medical or health
condition of a person and the social, economic and physical environment, and involves the
limitation of the person's opportunities to participate in one or more life activities,
which results from [or is aggravated by] the interaction between the environment and the
person's physical, sensory, psychological, developmental, learning, neurological or other
impairment (including the presence in the body of an organism or agent causing malfunction
or disease)
Proposal B
"disability" is a dynamic interaction between a person's physical,
sensory, psychological, developmental, learning, neurological or other impairment
(including the presence in the body .of an organism or agent causing malfunction or
disease) and the social, economic and physical environment, which results in the
limitation of a person's opportunities to participate in one or more life activities
Proposal C
"disability" is the loss or limitation of opportunities to take part in (remove:
the normal life) all aspects of (community activities and personal) life
(remove: of the community) on an equal level with others due to physical, social,
attitudinal and cultural barriers encountered by persons having physical, sensory,
psychological, developmental, learning, neurological or other impairment (including the
presence in the body of an organism or agent causing malfunction or disease), which may be
permanent, temporary, episodic or transitory in nature
concern and reservation on the meaning of community activities during
translation process … wanted to expand to include civil, cultural, economic,
political and social life
There was a concern and reservation to include temporary, episodic or
transitory in nature as it may create and lead to further financial regulatory obligations
(receiving services and allocation of financial resources)
Brought up for discussion: As definitions of persons with disabilities vary,
the new Convention should provide a definition which many counties can accept, or should
allow room for each countries interpretation.
Eligibility criteria can be further developed by each individual country of
persons receiving funding, etc
Definition is intended to be as broad as possible
Discrimination
(3) a failure to make reasonable accommodation, a failure to eliminate environmental
and attitudinal barriers, or the establishment of the new barriers which impair access to
desired services and full participation in the activities of civil, cultural, economic,
political and social life,
Agreed
(3) a failure to make reasonable adaptation, a failure to eliminate
environmental and attitudinal barriers, or the establishment of the new barriers which
impair access to desired services and full participation in the activities of civil,
cultural, economic, political and social life,
Agreed
(3) a failure to make reasonable adaptation, a failure to provide accessibility,
a failure to eliminate environmental and attitudinal barriers, or the establishment of the
new barriers which impair access to desired services and full participation in the
activities of civil, cultural, economic, political and social life,
Accommodation implies to the individual rather that the external
factors that needs to be modified and change
Accessibility was included so as to be to clearer as accessibility is defined
in the Convention and to better focus on environmental factors rather than the individual
(4) failure to provide goods, services or facilities to persons with disabilities [in
the most appropriate manner (remove: for ] [in the most inclusive setting appropriate
to the needs of] those persons;[2] or )
Change to: failure to provide goods, services or facilities to persons with
disabilities in the most appropriate manner for ] [in the most inclusive setting ] [in the
most inclusive setting appropriate to the needs of] those persons;[2] or
Reason:
Inclusive setting has been interpreted in a very narrow perspective and has divided the
disabled community
Reasonable (remove: accommodation) adaptation
"reasonable (remove: accommodation) adaptation " means
introduction of necessary and appropriate measures to enable a person with a disability
fully to enjoy fundamental rights and freedoms [and to enjoy access to goods, services and
facilities]
Universal/inclusive design
["universal design" means...]…. group did not discuss the
definition / text to be brought to the meeting tomorrow
Article 4
General obligations of States Parties
(c) to refrain from engaging in any act or practice which is inconsistent with the
rights recognized in this Convention and to ensure that public authorities, private
bodies and institutions act in conformity with the rights recognized in this
Convention; and
Reason
To include private bodies. State would include both private and public bodies. We believe
that a state is obliged to ensure that practices which are consistent to the Convention
covering both public authorities and private bodies.
- rights of PWDs ( civil, political, economic, social and cultural
rights)
BASIC FACT:
Participation:
26 participants representing 14 governmental delegations and experts from international
and regional NGOs
Election:
Chair: Mr. Guozhong Zhang, China
Reporter: Mrs. Catalina Fermin, The Philippines
Modality of Working:
The session was opened by self-introduction of all participants then went to general
comments about the principles and elements about the Convention especially those about the
rights of PWDs.
Outcome:
The session featured with intensive interactions in a constructive and democratic manner
by all participants and turn out fruitful.
HIGHLIGHTS OF THE GENERAL COMMENTS ON PRINCIPLES AND ELEMENTS OF THE CONVENTION
- Many delegates in their speeches expressed their priority concern and rights- majority
of them are about economic, social and also political rights. Representatives of Russia,
Bangladesh, Korea, Japan and China further indicated that the convention should focus on
special rights directly relevant to the PWDs for instance rights to education, employment,
housing and accessibility and mobility. So the general feeling expressed is while we need
a comprehensive convention covering all aspects of rights for PWDs but the focus should be
on disability-specific rights.
- The group discussed and agreed that rights of PWDs should be clearly stipulated but more
important, the obligations of the state and specific measures to be taken by the state
should be specified as important parts of the future Convention as positive measures are
vital for the realization of rights of PWDs.
- There is a need for the states to have some degree of flexibility in promoting their
domestic efforts especially in the area of realization of some specific economic and
social rights of PWDs, for example, accessible IT and information, which does carry a
financial and technical resources implication.
- One of guidelines in drafting the Convention that we shall consider is to encourage more
states to join the new treaty and it is hoped that the Convention could play a very
important role to encourage and help the states to make commitment and do a better job for
rights of PWDs and its realization.
- It is agreed by the Group that the Convention shall make use of existing rights
instruments but they must be applicable to ensure full enjoyment of PWDs of the rights.
- The Convention should serve as a guidance for domestic policy making for each state to
address specific needs and rights of PWDs.
- Non discrimination and equal rights should be regarded as one of general principles of
the convention.
- There is a need to agree upon definitions, i.e., reasonable accommodation, which must be
acceptable to stakeholders. There should be a sense of setting benchmarks or technical
norms in this regards for all states although it could be implemented in a progressive
manner.
- The Convention shall ensure that reasonable accommodation does not encourage
institutionalizing PWDs.
SPECIFIC ISSUES IN RELATING TO RIGHTS OF PERSONS WITH DISABLITIES
The Group identified and discussed several specific rights of PWDs although it was
fully agreed that a comprehensive-natured convention did need to cover all aspects of
rights of PWDs. Due to time limitation, not all aspects of rights has been specified and
discussed in details.
- Rights to political life including the rights to associate organizations of PWDs and to
elect and be elected as leaders in public authority and political parties and to
participate decision-making process.
- Rights to the independent living and living in own community of PWDs.
- Rights to quality education, particular mainstreaming or inclusive education. Yet which
specific form of education should be considered furthermore as it depends on the situation
of each country Rights to access to information and communication.
- Rights to access to resources.
- Right to services such as rehabilitation, education and equal access to social welfare
and social security.
- Reasonable accommodation is very important element yet needs further clarification in
terms of its definition.
- The role of family and its obligations in ensuring the realization of rights of PWDs was
repeatedly stated by a number of participants especially in the context of rights of
intellectual disabled persons.
- Rights to owning and managing property of PWDs.
- The Group was reminded to give consideration of the linguistic rights of deaf people in
the context of Convention.
- One representative stated that the rights of family life and sexuality of PWDs
especially those with intellectual disability must be addressed by the Convention.
1. Attendance:
The meeting was attended by representatives and participants from the following
governments and NGOs: China, Japan, Fiji, Hong Kong SAR (China), Nepal, Russian
Federation, CDPF, RI Korea, RI Asia and Pacific, Human Rights Commission, India.
2. Items for discussion:
The meeting agreed on the following items:
2.1 Monitoring mechanism
2.2 Application to private entities
2.3 International cooperation
2.4 Issues of priorities
3. Monitoring mechanism:
3.1 The meeting reached a consensus that an independent, disability competent panel of
experts is needed at the international level.
3.2 The meeting noted that UN is facing resources constraints, and is undergoing
administrative re-engineering which may lead to a convergence of convention-based review
mechanisms. If such reforms should be implemented in the long-term future, the disability
Rights Convention should be reviewed with a two-pronged approach, both inclusive and
focused. That is, disability concerns should be covered by a review of other human rights
agenda, while there should still be a disability focused review mechanisms involving
disability competent expert panelists.
3.3 The meeting agreed that at the national level, there should be an independent
monitoring system involving key stakeholders and in particular people with disabilities.
3.4 The meeting consider it not necessary to have a remedy system at the regional
level. Regional exchanges to promote the Convention are considered more appropriate and
will be covered under international cooperation discussed below.
3.5 The meeting consider it not necessary for the international review mechanism to
have provisions to receive individual complaints and to initiate inquiry into a state
situation. The meeting noted, under the existing UN human rights review mechanisms, that
individuals may raise their complaints at the international level.
4. Regional/international Cooperation:
The meeting agreed that:
4.1 Multi- and bi-lateral cooperation in exchanges of information and experiences, and
resources sharing be encouraged to promote the Convention. State parties should be
encouraged to support and assist each other instead of adopting a complaint approach in
the promotion of the Convention.
4.2 For the purpose of promoting regional cooperation, the BMF and other regular ESCAP
forums to incorporate Convention-related issues as a standing agenda item and be used to
promote good practices.
4.3 Other UN systems, particularly those in the development wing, such UNDP, be
involved and be asked to give priorities and resources to convention-related projects and
issues.
5. Application of Convention to private entities:
- State parties be encouraged to enact appropriate domestic laws to regulate private
sector's compliance of the Convention.
- State parties to encourage private entities to observe the Convention.
6. Issues of priorities:
Under monitoring mechanisms, the meeting noted that country reports should be made
fully accessible.
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