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UNITED NATIONS High-level Intergovernmental Meeting on the Midpoint Review of the Asian and Pacific Decade of Disabled Persons, 2003-201219-21 September 2007
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I. PREAMBLE 1. The Asian and Pacific region is the home to two thirds of the 650 million persons with disabilities in the world. In order to ensure greater recognition of their rights, Governments and other stakeholders in the Asian and Pacific region have taken a number of measures. By its resolution 58/4 of 22 May 2002 on promoting an inclusive, barrier-free and rights-based society for people with disabilities in the Asian and Pacific region in the twenty-first century, the Commission extended the Asian and Pacific Decade of Disabled Persons, 1993-2002,[1] for another decade, that is, from 2003 to 2012. Since then, a number of initiatives have been launched in line with the extended Decade. Among them was the Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and Rights-based Society in Asia and the Pacific,[2] which was adopted by the High-level Intergovernmental Meeting to Conclude the Asian and Pacific Decade of Disabled Persons, 1993-2002, held in Otsu, Shiga, Japan, in October 2002, as the defining policy guideline for the new Decade. The extension of the Decade carried forward the goal of the previous Decade, 1993-2002, and the commitment made by Governments signing the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region:[3] the full participation and equality of persons with disabilities. 2. The Biwako Millennium Framework for Action builds on both the achievements and the lessons learned from the implementation of the policy guideline adopted for the previous Decade: the Agenda for Action for the Asian and Pacific Decade of Disabled Persons, 1993-2002 (E/ESCAP/APDDP/2). It emphasizes the paradigm shift from a charity-based approach to a rights-based approach for the development of persons with disabilities. It also promotes a barrier-free, inclusive and rights-based society, which embraces the diversity of human beings. Further, it enables and advances the socio-economic contribution of its members and ensures the realization of those rights by persons with disabilities. The Biwako Millennium Framework for Action identifies 7 priority areas and 4 major strategic areas, with 21 targets and 10 strategies. Through Commission resolution 59/3 of 4 September 2003, Governments of countries in Asia and the Pacific, in collaboration with other stakeholders, such as United Nations agencies, the World Bank, the Asian Development Bank and civil society organizations, reaffirmed their commitment to the implementation of the Biwako Millennium Framework for Action. In its resolution 61/8 of 18 May 2005 on the mid-point review of 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, the Commission requested the Executive Secretary to hold a high-level intergovernmental meeting on the midpoint review of the Decade in 2007. 3. One of the most significant developments during the first five years of the extended Decade was the adoption of the Convention on the Rights of Persons with Disabilities and the Optional Protocol[4] to the Convention. This marked the beginning of a new era in the global efforts to promote and safeguard the civil, political, social, economic and cultural rights of persons with disabilities, and to promote disability-inclusive development and international cooperation. In adopting the Convention, the General Assembly called upon States to consider signing and ratifying the Convention and the Optional Protocol as a matter of priority. The Convention represents the latest thinking of the States Members of the United Nations about this issue. It recognizes that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty. Building on regional experiences in the formulation and implementation of the Biwako Millennium Framework for Action, members and associate members of the Commission contributed to the global drafting process through a series of efforts that included the submission, in 2003, of proposals and a regional draft entitled the "Bangkok Draft" to the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities. Both the Convention and the Biwako Millennium Framework for Action pursue the common goal of achieving a barrier-free, inclusive and rights-based society. The effective implementation of the Biwako Millennium Framework for Action will contribute significantly to the implementation of the Convention, and the steps taken by the States that ratify the Convention will contribute to the implementation of the Biwako Millennium Framework for Action by those States. 4. The first five years of the extended Decade witnessed other significant developments as well. For example, in 2004, the International Labour Organization (ILO), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the World Health Organization (WHO) published a joint position paper[5] in which they expounded the rights-based approach to community-based rehabilitation and services. The World Summit on the Information Society adopted the Tunis Commitment and the Tunis Agenda for the Information Society[6] on 18 November 2005, which addressed the importance of universal design and assistive technologies that promote access for all persons, including those with disabilities. WHO addressed the need to research and implement the most effective measures to prevent disabilities in collaboration with communities and other sectors.[7] The World Conference on Disaster Reduction, in adopting the Hyogo Framework for Action 2005-2015, Building the Resilience of Nations and Communities to Disasters,[8] recommended, inter alia, the strengthening of the implementation of social safety-net mechanisms to assist the poor, the elderly and the disabled. 5. Research for the midpoint review shows that the implementation of the Biwako Millennium Framework for Action has resulted in many positive developments. Increasing numbers of Governments in the region have shown their commitment to disability issues by signing the Proclamation on the Full Participation and Equality of People with Disabilities.[9] Thus far, 46 Governments have become signatories. Many Governments have also taken steps to incorporate the concept of the rights of persons with disabilities into their constitutions, legislation, national plans of action, and policies and programmes. Persons with disabilities in Asia and the Pacific have proven their capability in this regard. They have addressed their needs and engaged in policy discourse during the drafting of the Convention on the Rights of Persons with Disabilities. They have also become increasingly active in the decision-making process at the regional and national levels. An increasing number of international aid and development cooperation agencies have started to explore and adopt "disability-inclusive development", which focuses on mainstreaming the rights of persons with disabilities into general development policymaking and operations. 6. Despite such progress, challenges and obstacles still remain. The lack of availability and the quality of demographic data and socio-economic indicators concerning disability continue to be major problems. Many Governments and other stakeholders report that the lack of financial and human resources, technical knowledge and capacities hinder their implementation of the Biwako Millennium Framework for Action. Although the Asian and Pacific region enjoys steady improvement in the development of disability policy, the implementation of such policies has to be ensured and their impact measured. While more persons with disabilities are becoming increasingly empowered, due attention should be paid to marginalized groups, such as those with psychosocial disabilities, intellectual disabilities or multiple disabilities and those living in rural and remote areas. ESCAP is also tasked with promoting the Biwako Millennium Framework for Action in subregions such as North and Central Asia and mainstreaming the disability perspective in subregional intergovernmental mechanisms. During the last five years, the efforts being made towards achieving the Millennium Development Goals have been reviewed vigorously. The Goals relating to the eradication of extreme poverty and hunger and achieving universal primary education have been translated into targets for two of the seven priority areas of the Biwako Millennium Framework for Action. Later, the rights of persons with disabilities were specifically recognized in the 2005 World Summit Outcome,[10] as the attention they received in the Millennium Development Goals had not been adequate from a disability perspective. Natural disasters and other situations entailing heightened risk, including armed conflict, exacerbate the physical, institutional, attitudinal and informational barriers facing all people, but in particular, persons with disabilities. Such situations underline the need for better disability-inclusive disaster management with regard to both natural and man-made disasters. 7. In taking forward the Biwako Millennium Framework for Action, ministerial-level representatives of countries in the region will discuss and finalize the present document at the High-level Intergovernmental Meeting on the Midpoint Review of the Asian and Pacific Decade of Disabled Persons, 2003-2012, which will be held in Bangkok from 19 to 21 September 2007. The Biwako Plus Five outcome draws upon the findings of the five-year review, taking into consideration global developments, the emerging needs of the region with regard to disability and the challenges and obstacles which need to be overcome. It will supplement the Biwako Millennium Framework for Action in the hope of making a significant contribution to the enhanced implementation of the Framework over the remaining five years of the Decade (2008-2012) by promoting the creation of an inclusive, barrier-free and rights-based society for all. II. NATURE AND OVERARCHING PRINCIPLES OF BIWAKO PLUS FIVE 8. Biwako Plus Five supplements the Biwako Millennium Framework for
Action. In terms of content, Biwako Plus Five distinguishes itself from the
Biwako Millennium Framework for Action by (a) providing additional actions
in the 7 priority areas, (b) reconfiguring the 4 strategy areas into 9. Biwako Plus Five should be implemented on the basis of the same principles and policy directions delineated in the Biwako Millennium Framework for Action. However, the following three aspects should be amplified:
III. PRIORITY AREAS FOR ACTION UNDER THE BIWAKO MILLENNIUM FRAMEWORK FOR ACTION 10. The Biwako Millennium Framework for Action contained 21 targets
categorized under 11. Further efforts need to be made in order to achieve those targets where progress has been found to be inadequate and where action has been lagging. The following are additional actions that may help countries to achieve the targets under each of the priority areas. A. Self-help organizations of persons with
disabilities and Actions required 12. Governments at all levels are encouraged to support:
13. Self-help organizations and related family and parent organizations, with the support of Governments at all levels, should mainstream themselves into the self-help organizations of other vulnerable groups and communities. B. Women with disabilities Actions required 14. Governments should promote:
15. Governments, together with self-help organizations, should support the economic, social and political empowerment of women with disabilities, in particular through leadership and management training on a sustained basis. Effective and appropriate measures, in conformity with national legislation and local customs, should be taken to address discrimination in matters relating to marriage and motherhood. 16. Self-help organizations should review their existing structure and operations, taking into account the needs of women with disabilities, and actively support their empowerment, with a view to helping them to participate fully in decision-making processes. 17. Self-help organizations and networks of women with disabilities, in collaboration with community-based development organizations and Governments at all levels, should sensitize communities in remote areas to the potential negative impacts of culture on women and girls with disabilities and address their issues through community-based development processes. C. Early detection, early intervention and education Actions required 18. Governments should:
D. Training and employment, including self-employment Actions required 19. Governments should:
E. Access to built environments and public transport Actions required 20. Governments should:
F. Access to information and communications, including information, communications and assistive technologies Actions required 21. Governments should:
G. Poverty alleviation through capacity-building, social security and sustainable livelihood programmes Actions required 22. Governments should:
IV. KEY STRATEGIES 23. The Biwako Millennium Framework for Action has 10 strategies categorized under the following 4 areas of "strategies to achieve the targets of the Biwako Millennium Framework for Action:
24. The following strategies build on and expand the strategies set out in the Biwako Millennium Framework for Action. They reflect the lessons learned from the efforts already undertaken to implement the Framework, and the need to address new issues and concerns which have emerged since the adoption of the Framework. Accordingly, the four strategic areas in the Framework were reexamined and restructured as follows:
25. The restructured strategic area, "reinforce a rights-based approach to disability issues", expands on the existing strategy: "promotion of a rights-based approach to disability issues," in the Biwako Millennium Framework for Action, taking into consideration the greater importance of the rights-based approach embodied in the Convention on the Rights of Persons with Disabilities. Another restructured strategic area, "promote an enabling environment and strengthen effective mechanisms for policy formulation and implementation", was added because it is necessary to reemphasize the institutional and other factors that would enable undertaking what is promoted in both the Biwako Millennium Framework for Action and Biwako Plus Five. The existing strategy in the Biwako Millennium Framework for Action, "national plan of action (five years) on disability", was integrated into this revised strategy. The restructured strategic area, "improve the availability and the quality of data and other information on disabilities for the purposes of policy formulation and implementation", expands on the existing strategy: "disability statistics/common definition of disabilities for planning" in the Biwako Millennium Framework for Action, taking into account the need to intensify efforts to obtain and utilize effective data and information on disabilities. The restructured strategic area, "promote disability-inclusive development", was added because the mainstreaming of disability perspectives into development assistance activities has been increasingly deemed effective in attaining the goals of the Biwako Millennium Framework for Action. The restructured strategic area, "strengthen comprehensive community-based approaches to (a) prevent the causes of disability, (b) the rehabilitation and (c) the empowerment of persons with disabilities", expands an existing strategy: "strengthened community-based approaches to the prevention of causes of disability, rehabilitation and empowerment of persons with disabilities", which reflects the evolving concept of community-based rehabilitation. Furthermore, although the target dates for strategies 1, 8 and 9 in the Biwako Millennium Framework for Action were set before 2007, Governments and other stakeholders that have not achieved the targets will need to continue their efforts to achieve them as soon as possible. Strategies 6 and 7 of the Framework, which have been nullified with the adoption of the Convention on the Rights of Persons with Disabilities, were reformulated as strategies 4 and 5 in the present document. A. Reinforcing a rights-based approach to disability issues Strategy 1 26. Governments take note of a newly emerging trend in understanding disability as an evolving concept and are encouraged to recognize disability as the result of persons with impairments encountering attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others. Governments are encouraged to incorporate this understanding of disability into their existing and new policies. Particular attention should be paid to the removal of any barriers that prevent persons with disabilities from fully participating in society and exercising their rights. Strategy 2 27. Governments should consider steps to amend or repeal any laws that are not consistent with the international instruments on human rights and disability to which they are parties, and to adopt laws that would promote the rights of persons with disabilities. Strategy 3 28. Governments are encouraged to develop antidiscrimination legislation, where appropriate, which effectively promotes and protects the rights of persons with disabilities. Strategy 4 29. Governments are encouraged to consider the establishment of an effective, independent, advisory and representative mechanism, or the designation of an existing mechanism, to assist in monitoring and evaluating the implementation of the legal, administrative and institutional systems aimed at promoting and protecting the rights of persons with disabilities. Strategy 5 30. Governments are encouraged to consider signing and ratifying or acceding to the Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention as a matter of priority, and to promote and protect the right of persons with disabilities so that they may enjoy all human rights and fundamental freedoms. Strategy 6 31. Governments, in collaboration with all stakeholders, should take positive measures in facilitating the provision of reasonable accommodation to equalize the opportunities that exist for persons with disabilities in all areas of life. Reasonable accommodation refers to necessary and appropriate modifications and adjustments that do not impose a disproportionate or undue burden, where needed in a particular case, in order to ensure that persons with disabilities can enjoy or exercise, on an equal basis with others, all human rights and fundamental freedoms. Strategy 7 32. Governments should promote access to justice for persons with disabilities on an equal basis with others. B. Promoting an enabling environment and strengthening effective mechanisms for policy formulation and implementation Strategy 8 33. Governments at all levels are encouraged to develop or update an action plan on disability with time-bound targets and to allocate sufficient resources for the implementation of the plan and the monitoring of implementation. Where appropriate, lessons learned from the previous action plan should be taken into account. Strategy 9 34. Governments should, if they have not already done so, establish or designate an institutional mechanism to coordinate and monitor policies and programmes concerning disability; this should ensure both the effective and regular participation of representatives of all ministries and the participation of persons with disabilities. Local government should be an integral part of this mechanism. Strategy 10 35. Governments should, within the limits of their economic capacity and level of development, adequately and on a sustainable basis finance the implementation of relevant policies and programmes, data collection and capacity-building for government officials, experts and persons with disabilities as well as the operation of a mechanism for coordinating disability-related matters. Strategy 11 36. All stakeholders should raise awareness of the rights-based approach and disability-inclusive development through effective networking and collaboration with the media, research institutions, legal professionals, donor and development agencies and the private sector. Strategy 12 37. Governments, together with other stakeholders, should ensure that the Biwako Millennium Framework for Action and the present document are disseminated in an appropriate manner. C. Improving the availability and quality
of data and other information on disabilities for Strategy 13 38. The importance of collecting data on disabilities should be stressed and advocated not only within the United Nations system but also among decision makers at the national level, including national statistical offices, as well as academic institutions, self-help organizations and other civil society organizations. Strategy 14 39. Governments are encouraged to develop policies or laws to mandate the collection of data on disabilities, as well as the allocation of the requisite resources. Such policies and laws should, among other things, respect the privacy of persons with disabilities. Strategy 15 40. As far as possible, data should be classified by the socio-economic status of persons with disabilities, including the type of impairment, sex, age, education, employment and income. Strategy 16 41. Governments should build national capacity so that data on disability can be regularly collected through population censuses and surveys and disseminated. Strategy 17 42. Governments are encouraged to develop innovative methods of data collection in order to capture the needs of persons with disabilities, in particular those who are illiterate or who live in remote areas. Strategy 18 43. Governments are encouraged to undertake regular assessments of the impact of policies and programmes which are intended to improve the situation of persons with disabilities and to ensure that they fully enjoy their human rights and fundamental freedoms. Strategy 19 44. Governments, in cooperation with ESCAP, should, as appropriate, take measures to ascertain the concerns of disabled persons and to develop future action plans through questionnaires and surveys, depending on the availability of resources. Strategy 20 45. ESCAP, other United Nations organizations, agencies and intergovernmental organizations, should, upon request, assist Governments in setting statistical standards and in formulating policy regarding persons with disabilities. D. Promoting disability-inclusive development Strategy 21 46. Governments at all levels, in collaboration with United Nations development organizations and agencies, international, regional and national development organizations, the private sector and other civil society organizations, should mainstream disability perspectives in the development and implementation of all social and economic development plans, in particular those related to the Millennium Development Goals. The development of disability indicators for the Millennium Development Goals should be considered. Strategy 22 47. International, regional and national development organizations and agencies, including United Nations development organizations and agencies, are encouraged to mainstream disability perspectives into the development and the implementation of their general policies and programmes. Economic and technical cooperation should also be an integral part of this endeavour. Strategy 23 48. Disability-inclusive disaster management should be promoted. Disability perspectives should be duly included in the implementation of policies and initiatives in this area, including the Hyogo Framework for Action 2005-2015, an international framework for promoting the commitment of Governments to disaster management. Universal design concepts should be integrated into infrastructure development in disaster-preparedness and post-disaster reconstruction activities. E. Strengthening comprehensive community-based approaches to disability issues for the prevention of the causes of disability and for the rehabilitation and empowerment of persons with disabilities Strategy 24 49. Governments, in collaboration with United Nations development organizations and agencies, international, regional and national development organizations and agencies, the private sector and other civil society organizations, are encouraged to apply comprehensive community-based rehabilitation (CBR) measures, taking into account the recommendations contained in the ILO/UNESCO/WHO joint position paper referred to in paragraph 4 above. Strategy 25 50. Governments are encouraged to take appropriate and effective measures to reduce the preventable causes of disabilities, such as traffic accidents and diseases. V. ENHANCING COOPERATION AND SUPPORT IN PURSUANCE OF THE BIWAKO MILLENNIUM FRAMEWORK FOR ACTION 51. The Biwako Millennium Framework for Action has seven strategies categorized under three areas of "cooperation and support in pursuance of the Biwako Millennium Framework for Action", namely "subregional cooperation and collaboration", "regional collaboration" and "interregional collaboration". The following are additional strategies to reinforce the implementation of the Biwako Millennium Framework for Action targets. Strategy 26 52. Together with such partners as the Food and Agriculture Organization of the United Nations, the International Labour Organization, the Office of the United Nations High Commissioner for Human Rights, the United Nations Development Programme, the United Nations Educational, Scientific and Cultural Organization, the United Nations Children's Fund, the World Health Organization and relevant funds, agencies and other entities within the United Nations system, ESCAP should enhance inter-agency coordination to implement the Biwako Millennium Framework for Action and Biwako Plus Five effectively. Strategy 27 53. Governments and international organizations are encouraged to enhance subregional cooperation and collaboration through their involvement in subregional governmental organizations and through regional programmes and projects, such as the United Nations Special Programme for the Economies of Central Asia. Collaboration with regional and subregional disability-related organizations, projects and activities, such as the Asia-Pacific Development Centre on Disability, the Asia and Pacific Disability Forum and the Pacific Islands Forum, should be encouraged. Strategy 28 54. In support of the effective implementation of the Biwako Millennium Framework for Action and Biwako Plus Five, ESCAP is encouraged to develop knowledge networks and disseminate and exchange information throughout the region concerning good practices in cooperation with stakeholders, including civil society organizations and the private sector, and in partnership with international and regional forums, such as the Asia-Pacific Development Centre on Disability, the Pacific Islands Forum and the Asia and Pacific Disability Forum. VI. ENHANCING EFFECTIVE MONITORING AND REVIEW 55. A review of the implementation of the Biwako Millennium Framework for Action and Biwako Plus Five should be conducted at the end of the Decade, in 2012, at the regional, subregional and national levels. * Although an advance copy was submitted to Conference Services on 20 July 2007, processing was delayed until the Advisory Committee of Permanent Representatives and Other Representatives Designated by Members of the Commission ended its deliberations on the issue. The final draft was submitted to Conference Services on 8 August 2007. [1] See Commission resolution 48/3 of 23 April 1992. [2] See Commission resolution 59/3 of 4 September 2003 (for the text of the Biwako Millennium Framework for Action, see E/ESCAP/APDDP/4/Rev.1). [3] Adopted at the High-level Intergovernmental Meeting to Launch the Asian and Pacific Decade of Disabled Persons, held in Beijing, 1-5 December 1992. See also Commission resolution 49/6 of 29 April 1993 on the Proclamation and Agenda for Action for the Asian and Pacific Decade of Disabled Persons, 1993-2002. [4] General Assembly resolution 61/106 of 13 December 2006, annexes I and II. [5] International Labour Office, United Nations Educational, Scientific and Cultural Organization and World Health Organization, CBR: A Strategy for Rehabilitation, Equalization of Opportunities, Poverty Reduction and Social Inclusion of People with Disabilities (Geneva, World Health Organization, 2004). [6] See A/60/687. [7] World Health Assembly resolution WHA58.23 of 25 May 2005 on disability, including prevention, management and rehabilitation. [8] A/CONF.206/6 and Corr.1, chap.I, resolution 2. [9] E/ESCAP/902, annex I. [10] General Assembly resolution 60/1 of 16 September 2005. |
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