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Biwako Millenium Framework

Regional Workshop on Monitoring the Implementation 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 (BMF)
Bangkok, Thailand, 13-15 October 2004

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Materials : Country/Review Paper

COUNTRY PAPER: BANGLADESH

Regional Workshop:
Monitoring the Implementation of the Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and Right-based Society for Persons with Disabilities in Asia and the Pacific

13-15 October 2004, Bangkok, Thailand

Prepared by

Mr. Ali Ahsan Mohammad Mojaheed
Minister
Ministry of Social Welfare
Government of the People’s Republic of Bangladesh

1. General overview of legislative protection of the Persons with Disabilities in Bangladesh

The basic human rights as a citizen of Bangladesh has been protected by its constitution regardless of gender, classes, religions, races etc. It does not discriminate persons with disabilities or persons without disabilities. The National Policy for Persons with disabilities, 1995 was taken as its basis from the relevant constitutional provisions dealing with the fundamental rights of the people  alongwith the persons with disability. Following the Policy and the international commitments on United Nations Standard Rule on the Equalization of Opportunities for Persons with Disabilities, in April 2001 the Government of Bangladesh has finally enacted the Disability Welfare Act-2001 to protect and promote the rights of the persons with disabilities.

The legislation includes formation of legislative both at national and district levels bodies (National Coordination Committee, District Coordination Committee), defining the roles and responsibilities of activities on national and local level coordination on disability-concerned issues. This also includes definitions of disabilities, provision for access to rights-based issues in multi-sectoral development components through 10 (ten) schedules.

The enactment of the legislation has been accepted and considered as a milestone of development for ensuring the rights and privileges of persons with disabilities. Government is very much aware and sincere to make provision for taking action against the violator of law. Initiative has also been taken to eliminate all sorts of conflicts, if any, regarding law.  Considering the consequences, the Government in association with National Forum of Organizations Working with the Disabled (NFOWD), a network and coordination body of organisations working with the persons with disabilities in Bangladesh formed a committee, reviewed the Disability Welfare Act-2001 and proposed the necessary amendment to establish indispensable rules and bylaws in support of strengthening and specifying the effective implementation of the legislation.

2. Current level of implementation of BMF in the country:

Being a signatory of the bygone ESCAP Decade of Disabled Person, and an active member country of formulating and launching the Biwako Millennium Framework, Bangladesh has initiated implementing activities towards addressing the inclusive, barrier free and rights bases society for persons with disability in the country. An adequate attention and consideration by the government and NGOs have been given in spite of multifarious socio-economic limitations. The notable areas of activities are:

National Policy for Persons with disabilities:

A National Policy for Persons with disabilities has been approved in the cabinet in 1995 in pursuance of the constitutional provisions dealing with the rights of the people with disability. The said Policy was also based on the commitments made by the Government of Bangladesh through adopting the United Nations Standard Rule on the Equalization of Opportunities for Persons with Disabilities,

In accordance with the Policy and the international commitments, the Government has enacted the Disabled Welfare Act, 2001. The law has been considered as a forward step towards realising the various commitments of the Government in protecting the rights of the persons with disabilities.

The Disability Legislation:

The Disability Welfare Act 2001 provides legislative support to ensure protection of rights and to ensure equal opportunity of persons with disabilities. The legislation includes formation of legislative bodies, both at national and district levels, defining the roles and responsibilities of activities on national and local level coordination on disability concerned issues. This also includes definitions of different disabilities, provision for access to rights-based issues in multi-sectored development components, etc.

The schedule of the act covers 10 specific areas of consideration with detail scopes and provisions. These are: Disabilities Prevention, Identification, Curative Treatment, Education, Health Care, Rehabilitation and Employment, Transport and communication, Culture, Social Security and Self-help organization.

In spite of all sincerity and commitments to the Disability Welfare Act, 2001,there has being found some limitations at the implementation stage.

National co-ordinating council:

The National coordinating council was reformed and strengthened allowing it to be more effective in its work. A task force has also been formed to efficiently undertake and coordinate different activities on disability concern. District Coordination Councils are also in its process of formation all over the country with high government official and representatives of NGOs working on disability issues as members.

At the NGO level the networking, cooperation and collaboration among the different NGOs working on disability issues increased. The National forum of Organizations Working with the Disabled (NFOWD) has been extended and strengthened as an active player in the field of disability in co-ordination with Government of Bangladesh.

National Foundation for the Development of the Disabled People:

To support the work on disability issues the Government has formed the National Foundation for the Development of the Disabled People. The foundation has provided funding support to activities of different organizations NGO's, and agencies.

Job Creation:

The government has emphasized strongly in following the 10% quota system for the employment of people with disabilities. Recently the Honourable Prime Minister has announced 1% quota for persons with disability in government cadre services. It's now in the process of implementation.

The scheduled banks are also making special arrangements for allocating Micro credit facilities for the peoples with disabilities, under the directives of the Government. Government is extending Micro Credits through the Department of Social Services under different projects (RSS, UCD, RMC etc.) without any interest to the persons with disabilities. In the transports both in private & public sector, arrangement has been made to reserve seats for the people with disabilities. The assistive devices and its accessories can be imported in the country without taxes. The building code also ensured about the accessibility for people with disabilities in all constructions.

Mainstreaming Disability Issues:

The country has also seen a rising tendency among the development organizations on initiating disability program interventions. There is an increase in the quantity of skilled human resources with the capacity to provide services to the people with disabilities.

Community Based Approaches for programs on disability issues have also been preferred more allowing service to be in the doorsteps of the people with disabilities in their communities.

Education of learners with disabilities:

The need for more attention for education of learners with disabilities is being focused. The scope of including learners with disabilities into mainstream education alongwith the establishments on special education are also being considered.Different agencies,organisation and the mass media have also contributed in creating awareness and sensitisation of the general people on disability issues.

National Action Plan on disability concerned issues:

A national Action Plan on disability concerned issues has been developed and approved by an inter ministerial taskforce comprised of representatives from all relevant government ministries/departments alongwith NGO/DPO representative and disabled peoples.

The Action Plan has covered the areas projected in the Biwako Millennium Framework like, self-help organization, women with disability, early detection and intervention, education, training and employment, access to built environment and transport, access to communication, assistive technology, social security, public awareness etc.

Action implemented in reference to BMF: 

Two posters on Biwako Millennium Framework, one in Bangla and the other in English have been published and circulated to all concerned agencies.

The Biwako Framework has been translated in Bangla. It is expected to be printed and published shortly.

A conference on Biwako Framework was organised with inter ministerial and NGOs/DPOs representative along with disabled people through which a thorough introduction has been made.

Training on disability-concerned issues is being provided to the officers of Social Services department, which is concerned to implement and coordinate disability programs nationwide. The contents on Biwako Millennium framework included in the disability-concerned training of Social Services Officers. The program managers of NGOs working with disability issues are being provided with disability program management training in which the Biwako framework has been introduced.

Mainstreaming of disability issues:

The national policy on disability-concerned issues includes the projected areas like early detection and intervention, education, training and employment, access to built environment and transport, access to communication, assistive technology, social security, public awareness etc. The recent national plan of action contains actions on the similar areas of activities.

International convention for person with disability:

The Government of Bangladesh has expressed support to UN Adhoc Committee on the comprehensive and Integral on Protection and Promotion of the Rights and Dignity of Persons with Disabilities.

The basic human rights as a citizen of Bangladesh are protected by its constitution. The Constitution of the People's Republic of Bangladesh contains provisions for equal opportunities and participation for the "backward section" of its population.

3. Views on need of an International Convention on Disability:

Bangladesh considers the process of Globalisation in the context of 21st century and the proposed 'International convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities' would be effective and powerful instrument, to strengthen national legislation concewith persons with disabilities through ratifying by the Government of the member states of United Nations.It will also promote and strengthen International cooperation in protecting the violation of Human Rights of Persons with Disabilities.

Conclusion:

There has been substantial progress undoubtedly, but it needs more extension & expansion. Now, Bangladesh needs to take more efforts to establish Protection and Promotion of the Rights and Dignity of Persons with Disabilities. With regard to the Biwako framework, Bangladesh has been able to initiate some interventions, but it would require a lot of inputs and resources from national and international sources with effective and efficient policies, strategies, programs and action plans to change the quality of life of people with disabilities in the country. Different actors and players including people with disabilities, their families and the communities need to be involved in all the areas from primary to tertiary sectors in the country's effort to build a better nation.

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