Regional Workshop on Comprehensive National Plan of Action on Disability - Towards the Mid-point Review 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, 19-21 October 2005

Disability Action Council

PROGRESS REPORT ON ADOPTION OF THE DRAFT DISABILITY LEGISLATION

1. Background

The Cambodia Disabled People’s Organisation (CDPO) drafted the initial text of the draft Legislation in 1995, but it was not until February 2000 that it was submitted to the former Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation (MoSALVY). Following a semi official meeting of relevant government ministries and key players, the draft was returned back to CDPO for further review by an expert group formed by representatives who participated in the above meeting. A second submission was made in July 2000.

A new legislation working group was then established by Ministerial Decision No.306/MoSALVY dated August 28, 2000 to further review and edit the draft. The previous Legislation Working Group of the DAC ceased to meet after the establishment of the MoSALVY Working Group due to various reasons including duplication of membership and activity of the two Working Groups. Regular weekly meetings of the Ministry Working Group took place from August 2000 to February 2003. As part of the process, a two full day workshop was organised on 18-19 March 2002, at Micasa Hotel, to get input and recommendations from key stakeholders to improve the content of legislation.

Legal documents including explanation of key words and terminologies, aide memoire, description of texts of the law, statement of reasons for plenary meeting of the Council of Ministers and National Assembly, and report on legislation to the National Assembly had been prepared at the beginning of 2003. Due to the election the Minister suggested waiting until the new National Assembly had been convened and the new government formed.

After the formation of the new government and the change of ministries, the Minister of Social Affairs, Veterans and Youth Rehabilitation (MoSVY) advised that the draft legislation and all supporting documents should be reviewed and revised to reflect the new ministerial responsibilities. The draft law, with supporting documents, was then sent to DAC for finalising at the end of November 2004. DAC finalised all documents in close consultation with the Department of Rehabilitation and sent them back to MoSVY for further consideration and action at the end of January 2005.

The future stages and responsibilities for processing the legislation are set out in Section 2 below.  Members of the Board should note that the MoSVY Minister and Prime Minister have confirmed many times that they support the passage of this legislation.

2. Future Stages in Processing Legislation

CHART OF LEGISLATIVE DEVELOPMENT PROCESS

3. Support for the Legislative Process

We have considered the future role that organisations with an interest in disability and people with disability themselves should play to help ensure that the legislation is enacted and implemented as quickly and as smoothly as possible.  Key issues are the needs to:

• have clear goals, objectives and expected outcomes for any support mechanism set up;
• involve people with disabilities in the process or set up a mechanism to get input from/to people with disabilities;
• keep the mandates and missions of MoSVY, DAC, CDPO and other players clearly defined and distinct;
• value the commitment and capacity of MoSVY and the Department of Rehabilitation;
• make appropriate use of funding and resources;
• understand and follow the Government legal procedure and system.

We suggest that the most appropriate way to address these issues and to support the legislative process is to re-establish a Legislation Working Group under the DAC umbrella.  The Group should have representatives of all disability groups, organisations working with/for people with disabilities, human right organisations, government, and other interested parties. The first task of the Group would be to establish its objectives and the outcomes it wishes to achieve.  The Group could initially meet monthly, but the frequency of meetings should be determined by the work to be done, not by a preset timetable.  We suggest that the tasks of the Working Group should include but not be limited to:

• assisting in developing and preparing all necessary documents including: descriptions and explanation of all articles, and development of terminologies and key words for use in supporting debate and discussion at all levels;
• working closely with relevant bodies and individuals including CDPO, MoSVY and the DAC itself to collect and collate all related information to promote the rights and dignity of people with disabilities;
• compiling experiences and lessons learned from other countries in the process of legislation development, contents of legislation, and weaknesses and strengths in implementation;
• providing advice and recommendations from the point of view of service providers, civil society, people with disabilities, government ministries/institutions and International Organisations on the impact of each chapter and article and on the development of necessary procedures/regulations (sub decrees and prakases) to ensure effective implementation of the legislation to the benefit of people with disabilities;
• assisting MoSVY to reflect on the contents and impact of legislation and draft amendments when requested and required;

Role of DAC and CDPO

We have also considered the individual roles that both DAC and CDPO should continue to play while participating in the Working Group. Our suggested roles for each organisation are:

Roles DAC

• Convene the first meeting of a DAC Legislation Working Group to share information and discuss how best to establish an effective legal system to protect the rights of people with disability in Cambodia
• Support the activities of the Legislation Working Group as required
• Work closely with CDPO to make sure that the real needs of people with disabilities have been addressed and that the implications of legislation are well understood by people with disabilities
• Raise awareness of the draft contents of the legislation to key players - government, donors, service providers, civil society, and public
• Prepare all necessary supporting documents for the MoSVY to be used during the debate process
• Lobby and advocate government and relevant donors to commit for adoption and effective implementation of the draft legislation
• Collect and collate input and information from the disability and other sectors to inform the activities of the Legislation Working  Group
• Follow up and share information with the Legislation Working Group and the disability sector in general on global and regional efforts namely  on International Convention to Promote and Protect the Rights of People with Disabilities

Appropriate actions to be taken by CDPO

• Raise awareness of the legislation to people with disabilities to make sure that their needs are addressed and their rights are well understood through the preparation of an appropriate education campaign and training curriculum
• Represent people with disabilities in lobbying and advocating government and relevant donors to commit themselves to adoption and effective implementation of the draft legislation
• Collect and collate input and information from people with disabilities to inform the activities of the Legislation Working Group
• Establish its own committees or working groups as appropriate to coordinate its activities with regard to the legislation.

4. Conclusions

• Legislation will never be enacted if the capacity and role of MoSVY and its staff are undermined.
• Adoption of legislation is important but understanding of people with disabilities of their rights that are stipulated in the contents of legislation is equally important
• Ownership of MoSVY is very important as it is the institution responsible for promoting and coordinating the progress of the legislation and has the right to give explanation during the debate process at all levels.
• There is a long way to go and many tasks to be undertaken to get the legislation passed and to ensure equal rights and full participation of people with disabilities.
• All parties have a role to play but there is a need to have a coordinated approach to who is doing what and how. 
• DAC and CDPO in particular have key roles to play, with DAC having a major role in representing service providers and civil society, complementing the essential role of CDPO in representing the voice of people with disabilities.

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