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BMF Midpoint Review

High Level Midpoint Review of the Asian/Pacific Decade of Disabled Persons, 19-21 September 2007, Bangkok, Thailand

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UNITED NATIONS
ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC

21 September 2007

Post-Meeting EVALUATION

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I. ORGANIZATION OF THE MEETING

A. Background

1. The High-level Intergovernmental Meeting on the Midpoint Review of the Asian and Pacific Decade of Disabled Persons, 2003-2012, was convened by the Economic and Social Commission for Asia and the Pacific (ESCAP) in accordance with ESCAP resolution 61/8 of 18 May 2005, which called for the organization of a high-level intergovernmental meeting in 2007 for the mid-point review of the Decade. The Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the Pacific also set out in para 63, that a "Midpoint review of the Decade should be conducted and based on the review, the targets and strategic plans for the second half of the Decade may be modified and new targets and strategic plans formulated."

2. The objectives of the Meeting were twofold - to review the progress and challenges in implementing the Biwako Millenium Framework for Action and to consider and adopt the "Biwako Plus Five: Further Efforts towards an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the Pacific", a supplement to the Biwako Millennium Framework for Action.

B. Attendance

3. The Meeting was attended by high-level representatives of the following ESCAP members and associate members: Azerbaijan; Bangladesh; Brunei Darussalam; Cambodia; China; Democratic People's Republic of Korea; India; Indonesia; Islamic Republic of Iran; Japan; Kyrgyzstan; Lao People's Democratic Republic; Malaysia; Myanmar; Pakistan; Papua New Guinea; the Philippines; the Republic of Korea; Russian Federation; Sri Lanka; Thailand; United States of America; Vanuatu; Viet Nam; Cook Islands; and Hong Kong, China.

4. The following offices of the United Nations, United Nations bodies and specialized agencies were represented: Department of Economic and Social Affairs of the Secretariat, Office of the High Commissioner for Human Rights, United Nations High Commissioner for Refugees, United Nations Population Fund, the International Labour Organization, United Nations Educational, Scientific and Cultural Organization and World Health Organization.

5. The Pacific Islands Forum, an intergovernmental organization, was represented.

6. Many NGOs, including those in consultative status with the Economic and Social Council and those accredited by virtue of participation in 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 were represented at the Meeting.

C. Opening of the Meeting

7. In his opening address, Mr. Shigeru Mochida, the Deputy Executive Secretary of ESCAP and Officer-in-Charge, a.i. of the Secretariat, welcomed the delegations and outlined the tasks of the Meeting. He thanked the Government of Japan for its financial support for the Meeting, and acknowledged all the Governments' commitment to the primary goal of the Decade, an inclusive, barrier-free and rights-based society for persons with disabilities in Asia and the Pacific. Mr. Mochida also highlighted the crucial partnership of all stakeholders, which was essential for the promotion of the full participation and equality of persons with disabilities. The Deputy Executive Secretary referred to the ESCAP reviews on progress towards the targets of the Biwako Millennium Framework for Action, which showed that since the inception of the Decade, overall improvement in all the priority categories in the Framework had been evident.

8. A welcoming address was delivered by Mr. Jun Niimi, Minister and Permanent Representative of Japan to ESCAP, Embassy of Japan. He welcomed the delegations to the Meeting and extended his appreciation to the ESCAP Secretariat for facilitating policy development in the region with regard to disability issues. Mr. Niimi recalled the Biwako Millenium Framework for Action, marked the shift from a charity-based approach to a rights-based approach in the protection of civil, cultural, economic, political and social rights of persons with disabilities. Mr. Niimi recognized the important role of the Asia-Pacific Development Center on Disability, under the auspices of the Royal Thai Government, with the support of the Government of Japan, as a regional mechanism in advancing collaboration among countries in the region for the empowerment of persons with disability.

9. A welcome statement was delivered by Ms. Yukiko Kada, Governor of Shiga Prefecture, Japan, via video transmission. As Governor of the host city where the Biwako Millennium Framework for Action was adopted in 2002, she expressed appreciation for all the successful achievements in the implementation of the Framework. She also recognized the efforts of all stakeholders in the region towards their contribution to the adoption of the Convention on the Rights of Persons with Disabilities in 2006.

10. The inaugural address was delivered by His Excellency Mr. Paiboon Wattanasiritham, Deputy Prime Minister and Minister for Social Development and Human Security, Royal Thai Government. He welcomed the delegations to the Meeting and expressed his deep appreciation for the efforts of Governments and NGOs, including disabled peoples organizations, the international community and the United Nations towards the successful adoption of the Convention on the Rights of Persons with Disabilities. He reaffirmed the Royal Thai Government's commitment to the common goal of the Convention and the Biwako Millennium Framework for Action. He also emphasized the importance of partnership of all stakeholders, especially in regional initiatives in the field of disability, for the empowerment of peoples with disabilities.

D. Election of officers

11. The Meeting elected H. E. Joshua Tafura Kalsakau, Minister, Ministry of Justice and Social Welfare, Vanuatu, as the Chaiperson and elected the following two heads of delegation as Vice-Chairpersons: H. E. Sem Sokha, Under Secretary of State, Ministry of Social Affairs, Veterans and Youth Rehabilitation, Cambodia, and Hon. Ngamau Mere Munokoa, Minister of Internal Affairs and Social Services, Cook Islands

12. Ms. Chong Phaik Kee, Director, Department of Social Welfare, Perak, Malaysia was elected as Rapporteur.

E. Adoption of the agenda

13. The Meeting adopted the following agenda:

  1.  Opening of the Meeting.
  2. Election of officers.
  3. Adoption of the agenda.
  4. Review of progress made and challenges faced in 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, 2003-2012.
  5. Rights-based development for all: the Biwako Millennium Framework for Action and its convergence with the Convention on the Rights of Persons with Disabilities and the Millennium Development Goals.
  6. Adoption of supplemental strategies for the further implementation of the Biwako Millennium Framework for Action.
  7. Adoption of the report of the Meeting.

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II. PROCEEDINGS OF THE MEETING

14. Mr. Monthian Buntan, President, Thai Association of the Blind and Member of Executive Committee, World Blind Union, delivered a keynote address at the Meeting. In his address he referred to the spirit of Biwako Millennium Framework for Action which had translated the aspirations of persons with disabilities into reality and marked a paradigm shift from a charity-based approach to a rights-based approach. He noted the positive changes in the last five years in all the priority areas of the Biwako Millennium Framework for Action and referred to the realization of the Asia-Pacific Development Center on Disability and the Convention on the Rights of Persons with Disabilities. The Bangkok draft, which reflected the principles of the Biwako Millennium Framework for Action, greatly contributed to the formulation of the Convention on the Rights of Persons with Disabilities. He also addressed the challenges that still faced the region, especially with regard to translating accessibility standards and guidelines into practice and mainstreaming disability in poverty alleviation and social security programmes.

15. The Meeting had before it four documents E/ESCAP/APDDP(2)/1 entitled "Review of the progress made and challenges faced in 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, 2003-2012."; E/ESCAP/APDDP(2)/INF/1 entitled "Partnership: key to the successful implementation of the Biwako Millennium Framework for Action towards and Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the pacific, 2003-2012; and E/ESCAP/APDDP(2)/INF2 entitled "Strengthening the implementation of the Biwako Millenium Framework for Action in the Pacific Subregion" and E/ESCAP/APDDP(2)/INF/3 entitled "Rights-based approach to development for persons with disabilities in Asia and the Pacific: Biwako Millennium Framework for Action and its linkage to the Millennium Development Goals and the Convention on the Rights of Persons with Disabilities."

16. The ESCAP Secretariat presented the summary of the midpoint assessment regarding the implementation of the Biwako Millennium Framework for Action based on the papers presented to the Meeting. The presentation highlighted the main achievements over the past five years, especially in the areas of national coordination mechanisms, disability-relevant policies, data on disability, initiatives at sub-regional level and collaboration among stakeholders. While there are noticeable positive developments, many challenges remain to be tackled. It was pointed out that, among many, the most crucial was the implementation laws and plans with sustained resources. Immediate actions should be also taken to reduce poverty and improve educational and employment opportunities for persons with disabilities. Other challenges include the development of disaster-resilient accessible communities and the promotion of the disability-related normative frameworks in North and Central Asia. It is hoped that the Biwako Plus Five would further facilitate the realization of a fully barrier-free and rights-based society.

17. The roundtable discussion on the implementation of the Biwako Millennium Framework for Action (BMF) in the Pacific focused on the success of the collaborative initiative among various stakeholders including disabled people's organizations, intergovernmental agencies, Governments and ESCAP. The panel, which included representatives from the Governments of Cook Islands and Papua New Guinea and the disability coordination officers from the Pacific Islands Forum Secretariat, recognized the importance of such a collaborative initiative in developing programmes and policies for persons with disabilities in the region. The Pacific Island Forum, an intergovernmental body, adopted the Biwako Millennium Framework for Action as one of its policy documents. The panelists also noted the challenges in the region especially the geographical distances and the lack of resources which posed an obstacle to the exchange of views and common concerns among the 14 island countries in the Forum.

18. Professor Amita Dhanda, in her presentation, emphasized upon the need for self advocacy by persons with psychosocial disabilities in order to overcome normative barriers such as legislations, rules and judicial decisions which denied identity to persons with psychosocial disabilities. She explained that persons with psychosocial disabilities were socially stigmatized, discriminated and excluded because of the different ways they think, feel, express and make decisions. She stated that this lack of social accommodation was demonstrated in several ways, the most significant one being by the denial of legal capacity. She noted that the rights of persons with psychosocial disabilities as equal before the law had been recognized in the recently adopted the Convention on the Rights of Persons with Disabilities, and should be put into practice through its application in regional guidelines and policy documents like the Biwako Millennium Framework for Action.

19. Professor Andrew Byrnes provided an overview of the Convention on the Rights of Persons with Disabilities and its Optional Protocol. He noted that the Convention had innovative provisions such as the right to accessibility, the right to protection and safety in situations of risk and humanitarian emergencies, the right to live independently as well as be included in the community, and the right to personal mobility. The right of persons with disabilities to communicate through all forms of communication of their choice and a detailed provision on international cooperation were also guaranteed for the first time in a human rights treaty. Referring to its relationship with the Biwako Millennium Framework for Action, he stated that they were broadly in alignment as both focused on a rights-based approach, participation of persons with disabilities and capacity building. In relation to the Millennium Development Goals he noted that though its targets and indicators made no specific mention of disability, it was however necessary to address the situation of persons with disabilities and to insert disability analysis into policies in order to achieve the Goals.

20. Ms. Sae Kani's presentation on inclusive disaster management emphasized the importance of making disaster risk reduction strategies disability inclusive. She stated that 168 nations during the World Conference on Disaster Management in Kobe, Japan in 2005 adopted the Hyogo Framework for Action: Building the Resilience of Nations and Communities to Disasters, 2005-2015. However, the Framework had not yet included persons with disabilities as prime targets. She stated that the disaster preparedness of persons with disabilities would be enhanced if the Hyogo Framework for Action could include more disability issues and the Biwako Millennium Framework for Action could in turn address the disaster risk reduction issues.

21. The Meeting noted with satisfaction that many Governments had committed themselves to a rights-based approach in addressing the needs and concerns of persons with disabilities. The process that led to the adoption of the Convention on the Rights of Persons with Disabilities and Optional Protocol on 13 December 2006, had further reinforced the rights-based approach. The Convention represented the first disability-specific human rights treaty, which provided legal support for the paradigm shift from a charity-based to a rights-based approach to disability issues, the conceptual underpinning of the Biwako Millennium Framework for Action.

22. The Meeting noted that the Department of Economic and Social Affairs of the Secretariat and the Office of the United Nations High Commissioner for Human Rights would collaborate on the implementation of the Convention, with the Committee on the Rights of Persons with Disabilities.

23. The Meeting noted that disability-inclusive development had been an increasingly recognized concept in the development field. As a result, an increased number of countries, bilateral and multilateral development banks and international development agencies, both at the global and regional levels, were paying more attention to the integration of disability concerns into their general development policies and projects.

24. The Meeting also recognized that the Biwako Millennium Framework for Action as well as the process of elaboration of the Convention on the Rights of Persons with Disabilities had influenced the national laws and plans in a positive way. Some Governments had specific articles in the Constitution, which mentioned disability, while some Governments had a comprehensive disability law that covered the seven priority areas of the Biwako Millennium Framework for Action; and increasing number of Governments had a disability-specific anti-discrimination law. Additionally, the region had also witnessed the development of local government level planning in this regard.

25. The Meeting recognized that several Governments in the region had specific plans and programmes aimed at the improvement of the overall quality of life of persons with disabilities.

26. The Meeting noted that with the national plans and programmes on disability, several Governments had ensured steady if not increased budget allocations for the implementation. The resources were translated into, inter alia, financial assistance to persons with disabilities, especially children for education, provision of subsidies and credit, including interest-free loans, assistance in housing, and training for employment.

27. The Meeting recognized that several Governments had signed the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region. Other measures undertaken by some Governments included the designation of a national decade of disabled persons, or a national year of disabled persons.

28. The meeting noted that the ESCAP region witnessed a steady increase in numbers of Governments instituting disability coordinating mechanisms at the national level. Multiple forms of institutional arrangements on disability had been made in the region, which included the involvement of multi-ministries and disabled persons. Some delegations reported that their national coordination mechanisms were placed under the responsibility of the office of the Prime Minister.

29. The meeting also noted that, although the establishment of national institutional mechanisms was the norm in the region, some Governments still lacked financial, human resources as well as technical capacities to engage in policy development and implementation.

30. The Meeting recognized that, at the regional level, ESCAP played the role of a regional engine towards creating an inclusive, barrier-free and rights-based society for persons with disabilities. To promote the effective implementation of the Biwako Millennium Framework for Action, ESCAP had fully utilized its strengths as the regional catalyst on development issues and facilitator of normative development, and knowledge management.

31. In this regard, ESCAP organized and convened the Thematic Working Group on Disability-related Concerns (TWG-DC), a regional inter-agency working group to promote and coordinate activities concerning the development and the implementation of the Biwako Millennium Framework for Action. During the five-year period, a total of more than 400 representatives from Governments, the United Nations agencies and NGOs had been involved in the TWG-DC meetings and multiple task forces were formed to exchange information and implement the Biwako Millennium Framework for Action.

The Meeting acknowledged that the important role played by the TWG-DC in the promotion of the implementation of the Biwako Millennium Framework for Action, and suggest its revitalization at an appropriate period of time.

32. The Meeting also acknowledged the important role played by the Asia-Pacific Development Center on Disability (APCD). As another regional mechanism, APCD aimed at the empowerment of persons with disabilities through networking and collaboration, information and support, and human resource development.

33. Several delegations reported increased collaboration of all stakeholders – Governments, the United Nations agencies, development organizations, NGOs - especially disabled people's organizations, and the private sector, which had contributed to the successes of the first half of the Decade.

34. In this regard, the Meeting noted that, for the remaining five years of the Decade, partnership amongst all the stakeholders was a crucial key strategy for the successful implementation the Biwako Millennium Framework for Action.

35. The Meeting noted, in particular, the significant progress in the Pacific subregion during the first half of the Decade, owing to the close collaboration between among stakeholders. For example, the Pacific Island Forum Secretariat played an important role in assisting national Governments in capacity building in terms of developing policies and establishing institutional mechanisms.

36. The Meeting noted a number of countries in the region had stepped up efforts to collect relevant data vis-à-vis various categories of disabilities. More data, for instance were available in terms of demographics and socio-economic status. However, the lack of adequate and comparable data continued to be a major setback in the disability field as it hindered proper evidence-based advocacy, needs assessment, policy formulation, monitoring and evaluation.

37. The Meeting noted that the disaster-prone nature of the region as well as conflict situations posed a serious challenge to the implementation of the Biwako Millennium Framework for Action. Natural disasters and conflicts had increased the number of persons with disabilities and accentuated their vulnerabilities, which led to exacerbated poverty. With regard to disaster-stricken communities, however, the need for reconstruction had opened a window of opportunity for Governments, development agencies and persons with disabilities to work together to rebuild communities, which are accessible to persons with disabilities.

38. The Meeting also recognized the importance of special and public events at national and regional levels that contributed to the advancement of the status of persons with disabilities. In this regard, the delegation of China announced the Special Olympics to be held in October 2007, in Shanghai, and the 13th Paralympic Games scheduled for September 2008 following the 29th Olympic Games in Beijing. Additionally, the delegation of the Republic of Korea announced their proposal to host the High-level Intergovernmental Meeting to conclude the current Decade in 2012.

39. The Meeting also reviewed the achievements of countries in the region in the following seven priority areas of the Biwako Millennium Framework for Action.

40. With regard to the first priority area, the Meeting observed that some Governments in the region took specific measures to support the formation and to strengthen self-help organizations of persons with disabilities (SHOs) and related family and parent associations. In addition, over the last five years, the participation of persons with disabilities in decision-making processes had significantly increased. An important example in point was their participation in the drafting process of the Convention on the Rights of Persons with Disabilities.

41. With regard to the second priority area, which concerns women with disabilities, the Meeting noted that some Governments in the region had anti-discrimination measures to safeguard the rights of women with disabilities. In this regard, one delegate noted that a technical working group on women with disabilities was established under the National Advisory and Consultative Council

42. Despite increased attention in this area, however, the Meeting noted with concern that many women with disabilities were still unable to play leadership roles owing to continued social exclusion and the lack of empowerment, training and opportunities. The Meeting noted that, in several countries, the participation and equal representation of women with disabilities had been promoted either by their laws or by their SHOs policy.

43. With regard to the third priority area, the Meeting recognized that, increased efforts were made by Governments to enhance the access of children and youth with disabilities to education. However, their access to education remained at a significantly lower level compared to those without disabilities. Some Governments also had taken measures to provide community-based early intervention services and training programmes for young children.

44. With regard to the priority area four, ‘training and employment, including self-employment', the Meeting recognized that some countries had ratified, over the past five years, the ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention (No. 159), 1983. More countries had also adopted laws, policies on nondiscrimination and provided services related to skills training and employment promotion. In this regard, some Governments had established disability-inclusive vocational centres and other training services for employment.

45. In connection with this priority area as outlined in paragraph 19 of Biwako Plus Five, the delegation of the United States stated that it did not recognize a "right to work" as a right enforceable by the state. According to them, one cannot go to the courts and obtain redress if one cannot get work. The delegation rather supported the concept that persons with disabilities have access to opportunities to work on an equal basis with others.

46. The Meeting also noted that some Governments had secured preliminary or localized data on employment status of persons with disabilities, which indicated the disparity in the employment rate between persons with and without disabilities.

47. With regard to priority area five, the Meeting noted that significant progress had taken place with regard to the enactment of relevant and specific laws and regulations on built environments. Increased attention was also given to "accessible tourism" as a useful means to bring benefits not only to persons with disabilities but also to the tourism industry. However, there remained challenges in the region, which had to be faced in order to enhance the accessibility of existing built environment and transport especially in rural and remote areas.

48. In reference to the priority area six related to ‘access to information and communications, including information, communications and assistive technologies', the Meeting observed that a number of Governments had put in place ICT accessibility guidelines for persons with disabilities and some Governments had applied global standards to the national context, data on the access to internet by persons with disabilities. The Meeting also noted progress made with regard to standardized sign language and Braille.

49. With regards to the priority area seven concerning poverty alleviation through capacity-building, social security and sustainable livelihood programmes, the Meeting noted that Governments in the region had made significant efforts in involving persons with disabilities in Government's poverty alleviation schemes, provision of interest-free micro-credit, monthly cash assistance for severely disabled persons and education subsidies for students with disabilities at all schooling levels. The Meeting also noted that, with concern that there was a marked disparity between persons with and without disabilities, irrespective of the country's economic status.

50. The Meeting noted, however, that more comprehensive social protection programmes were necessary especially for employment enhancement, healthcare provision and poverty alleviation for persons with disability.

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III. ADOPTION OF SUPPLEMENTAL STRATEGIES FOR THE FURTHER IMPLEMENTATION OF THE BIWAKO MILLENNIUM FRAMEWORK FOR ACTION

51. The Meeting had before it the document E/ESCAP/APDDP(2)/L.3 entitled Draft Biwako Plus Five: Further efforts towards an inclusive, barrier-free and rights-based society for persons with disabilities in Asia and the Pacific.

52. The Meeting agreed that the Biwako Plus Five would supplement the Biwako Millennium Framework and, for the remaining five years of the Decade, both the documents would continue to serve as regional guidelines to realize an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the Pacific.

53. The Meeting considered Biwako Plus Five and adopted it on 21 September 2007.

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IV. ADOPTION OF THE REPORT

54. The Meeting adopted its report on 21 September 2007.

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