Materials :
Working Document :
Biwako Plus Five
Preliminary draft for the EGM, 27 Feb.2007 by ESCAP secretariat
Proposed Structure
Preamble
Key strategies
- Ensuring rights-based approach for all
- Improving concepts of disability, categorization of impairments
- Strengthening enabling and effective mechanism and environment
- Ensuring reliable disability data and information gathering for
policy formulation
- Enhancing disability-inclusive development
Enhancing targets and actions in the BMF priority areas
- Self-help organizations of persons with disabilities (SHOs) and
related family and parent associations
- Women with disabilities
- Early detection, early intervention and education
- Training and employment, including self-employment
- Access to information and communications, including information,
communications and assistive technologies
- Poverty alleviation through capacity-building, social security and
sustainable livelihood programmes
Enhancing Cooperation and Support in pursuance of the BMF
Enhancing the effective monitoring and review
Proposed content
Preamble
1. In pursuance of the resolution 58/4 of 22 May 2002, representatives of
members and associate members of ESCAP decided on the extension of the Asian
and Pacific Decade of Disabled Persons, for another decade, from 2003 to
2012. The Biwako Millennium Framework for Action towards an Inclusive,
Barrier-free and Rights-based Society in Asia and the Pacific (BMF) was
adopted as its definitive policy guideline at the High-level
Intergovernmental Meeting to Conclude the Asian and Pacific Decade of
Disabled Persons, held in Shiga, Japan in 2002. The BMF emphasizes the
paradigm shift from a charity-based approach to a rights-based approach to
the development of persons with disabilities, promotes a barrier-free,
inclusive and rights-based society, which embraces diversity of human kinds,
enables and advances socio-economic contribution of its members, and ensures
realization of rights by persons with disabilities. The BMF identifies seven
priority areas and four major strategic areas, in which 21 targets and 17
strategies were set out, respectively. Through its resolution 59/3 of 4
September 2003, Governments, in collaboration with other stakeholders such
as UN agencies, the World Bank, Asian Development Bank and civil society
organizations reaffirm their commitment to the implementation of the BMF. In
pursuance of the resolution 61/8 of 18 May 2005, in which it requests the
organization of the high-level intergovernmental meeting on the mid-point
review of the Decade in 2007, ESCAP reviewed the BMF implementation during
the first five years from 2003 to 2007.
2. One of the most significant normative developments made during the
first five years of the Decade is the adoption of the International
Convention on the Rights of Persons with Disabilities and Optional Protocol
on 13 December 2006. The General Assembly resolution 61/106 of that day
calls upon States to consider signing and ratifying the Convention and the
Optional Protocol as a matter of priority. The Convention promotes, protects
and safeguards civil, political, social, economical and cultural rights of
persons with disabilities and promotes disability-inclusive development and
international cooperation, marking the beginning of a new era for persons
with disabilities in the world to claim their rights in judicious means. It
paved a way to effectively implement the targets of the BMF as well.
3. The first five years of the Decade also witnessed other
normative developments have been taking place. Community-based
Rehabilitation (CBR): a Strategy for Rehabilitation, Equalization of
Opportunities, Poverty Reduction and Social Inclusion of People with
Disabilities in 2004 revealed the Right-based approach to CBR. The World
Summit for Information Society (WSIS) adopted its declaration and principles
in 2005, which addresses the importance of universal design. WHO resolution
58/23 of 25 May 2005 addresses the need for research on situation of persons
with disabilities in the world, from prevention and rehabilitation
perspectives. Hyogo Framework for Action was adopted in 2005, calling for
Governments policy development, implementation and coordination with other
stakeholders in the field of disaster preparedness and management.
4. The mid-point review shows that the implementation of the BMF
has resulted in some positive developments. Many Governments have also taken
steps to incorporate the concepts of rights of persons with disabilities in
their constitution, legislation, national plan of action. Persons with
diverse disabilities in the region have proved their capabilities in
addressing their needs and engaging in policy discourse in the drafting
process of the Convention on the Rights of Persons with Disabilities and
have been increasingly active in the decision-making processes at the
regional and national levels. The review also reveals that increasing number
of international aid or cooperation agencies started to explore and develop
"disability-inclusive development" in which perspective of rights of persons
with disabilities is mainstreamed in general development policy-making and
operations.
5. Despite the progress, the challenges and obstacles remain. Lack of
availability and reliability of disability demographic data and
socio-economic indicators data continue to be one of the major problems.
During the last five years, the implementation of the United Nations
Millennium Declaration Goals (MDGs) was reviewed. While goals on poverty and
education were translated in the targets of the two of the seven priority
areas of the BMF, and disabled persons rights were recognized in the 2005
World Summit Outcome, attentions to the MDGs from disability perspective has
not been sufficient. Natural disasters and conflicts in the region lead to
worsened physical, institutional, attitudinal and information barriers for
all people, but in particular, persons with different types of disabilities,
calling for better disability-inclusive disaster and conflict management.
6. In taking forward the BMF, representatives of members and associate
members of ESCAP discussed and finalized the present document entitled
"Biwako Plus Five" at the High-level Intergovernmental Meeting on the
Mid-point Review of the Asian and Pacific Decade of Disabled Persons, held
from 19 to 21 September 2007 at the United Nations Economic and Social
Commission for Asia and the Pacific, Bangkok Thailand. The Biwako Plus Five
draws upon the findings of the five-year review, taking into considerations
of the global normative developments, emerging disability needs of the
region, and challenges and obstacles expected to be overcome. It will
effectively supplement the BMF and be able to make a significant
contribution to its enhanced implementation for the remaining five years of
the Decade, contributing to the creation of an inclusive, barrier-free and
rights-based society.
Key strategies
1. Ensuring rights-based approach for all
- In view of reinforcing rights-based approach enshrined in the BMF and
of the effective implementation of the Convention, Governments should
reexamine existing laws and accordingly, modify or nullify them, and/or
adopt laws which can enforce the protection and promotion of rights of
persons with disabilities and ensure non-discrimination. Such examination
and development of laws should be undertaken with effective participation of
persons with different disabilities.
- Clear definition of anti-discrimination law that promote and protect
rights of persons with disabilities should be developed.
- Successful case studies of the enforcement of such law in the region
should be disseminated. Where such law is not developed, the development and
enforcement is highly encouraged. Particular attentions should be paid to
gender perspective.
- Governments should establish a statutory independent mechanism to
implement and monitor the implementations of such laws. Such mechanism
should involve by persons with different disabilities.
- Governments should consider signing and ratification of the Convention
of the Rights of Persons with Disabilities as a matter of priority.
- Governments should promote and protect civil, political rights of
persons with disabilities in accordance with the Convention of the Rights of
Persons with Disabilities.
- Governments should promote equality between men and women and respect
for the rights of children with disabilities.
- Persons with disabilities shall be entitled, on an equal basis with
others, to recognition and support of their specific cultural and linguistic
identity, including sign languages and deaf culture.
2. Improving concepts of disability, categorization of impairments
- Governments should recognize the dynamic concept of disability, as set
out in the Convention, in which disability is described as the result of the
interaction between persons with impairments and physical, institutional,
attitudinal and information barriers in society, which hinders their full
and effective participation in society on an equal basis with others.
- Governments should incorporate the dynamic concept into the disability
definition part of their existing and/or new policies. Particular attentions
should be paid to the shortcomings of social environment rather than
emphasizing disability as an individual pathology. The International
Classification of Functioning, Disability and Health (ICF) should be
considered as the useful reference for the purpose.
- Persons with disabilities shall include those who have physical,
sensory, intellectual, psycho-social, "invisible (i.e., chronic
disabilities)", and multiple disabilities. Governments should review
existing categories of impairments in that light and modify accordingly.
- Governments should recognize that "language" includes spoken and signed
languages.
3. Strengthening enabling and effective mechanism and environment
- Governments should, if not have done son, have an institutional
mechanism to coordinate and monitor policies and programme
concerning disability, and ensure effective and regular
participation of representatives of multi-ministries and persons
with different types of disabilities in it. Local government should
be an integral part of the mechanism as well.
- Government should adequately and on sustainable basis finance
the implementation of relevant policies and programmes, data
collection, capacity building of government officials, experts and
persons with disabilities as well the operation of a disability
coordination mechanism.
- Governments should ensure that persons with different
disabilities effectively participate in all decision-making
processes and at all levels on a sustainable basis.
- Awareness raising of disability as a rights-issue and
development-issue should be promoted through the effective
networking and collaboration with media, research institutions,
legal professionals, donor and development agencies and private
sector.
4. Ensuring reliable disability data and information gathering for
policy formulation
- The importance of disability data collection should be stressed and
advocated within the UN system, among decision-makers at all levels,
academic institutions and other civil society organizations, within a
discourse on development and human rights policy development, including MDG-
related programme.
- Governments should ensure the development and adoption of policies or
laws to mandate disability data collection with requisite resources. Such
policies and laws should ensure confidentiality and respect for the privacy
of persons with disabilities.
- As far as possible, data should be classified by socio-economic status
of persons with disabilities including type of impairment, gender, age,
education, employment and income.
- Governments, in collaboration with the international organizations,
should enhance data collection capacity on incorporating disability into
their population census and survey.
- Governments should develop innovative methods of data collection to
reach out persons with disabilities who are illiterate and/or who live in
remote areas.
- ESCAP and other United Nations agencies should assist Governments in
enhancing their policy development capacity, by such means as policy
analysis, publication, and accessible web-based knowledge management.
- Governments should measure outputs of policy implementation, compliance
rate of schemes (i.e., quota scheme) periodically, and the information
should be open to the public.
5. Enhancing disability-inclusive development
- Governments should incorporate disability perspective in their
promotion and monitoring of MDGs implementation.
- International and regional development organizations and agencies
should include disability perspective in their general policy, programmes
and operations.
- UN development organizations and agencies, including UN regional and
national offices should incorporate disability perspectives into their
programming and operations.
- Governments and civil society, in collaboration with the UN development
organizations and agencies, should develop effective disability indicators
to the MDGs.
- Governments should mainstream disability perspective in any of their
development plan, in particular, poverty, education, information technology
and gender.
- Governments and disabled people organizations (DPOs) should develop and
enhance networking with private sectors in their efforts to the reduction of
poverty and other development areas concerning persons with disabilities.
- Disability-inclusive disaster management should be promoted. Disability
perspective should be duly included in the Hyogo Framework for Action
2005-2015, an international framework to promote commitment of Governments
to disaster management.
Enhancing targets and actions in the BMF priority areas
In the BMF, there are 21 targets and 17 strategies. While targeted time
line of the 8 targets and 4 strategies are set before 2007, Governments and
other stakeholders shall continue to attempt to achieve them.
1. Self-help organizations of persons with disabilities (SHOs) and
related family and parent associations
- SHOs, related family and parent organizations should develop
cross-disability organization at the national level and their networking at
the regional level.
- SHOs and related family and parent organizations should foster
development of young leaders of men and women with disabilities.
- SHOs and related family and parent organizations should support the
formation of SHOs of persons with intellectual disabilities, psycho-social
disabilities, multiple-disabilities.
- SHOs should bridge gaps between the urban-based self-help
groups/organizations and rural-based self-help groups/organizations of
persons with disabilities should.
- SHOs and related family and parent organizations should facilitate the
participation of individuals with disabilities in political process (i.e.,
voting, representation).
2. Women with disabilities
- Governments should ensure to include gender perspective in any
disability-relevant policy, plan and legislation.
- Governments should ensure to include disabled women's perspective in
gender-relevant policy, plan and legislation.
3. Early detection, early intervention and education
- Community-based detection and intervention shall be comprehensive,
including rehabilitation, counseling….
- Governments should promote disabled people's access to tertiary and
life-long education.
- Governments should ensure that the education of children, who are
blind, deaf or deaf blind, is delivered in the most appropriate languages
and modes and means of communication.
- Governments should take appropriate measures to employ teachers,
including teachers with disabilities, who are qualified in sign language
and/or Braille, and to train professionals and staff who work at all levels
of education.
4. Training and employment, including self-employment
- To promote the employment of persons with disabilities, Governments
should promote innovative schemes including entrepreneurship development and
micro-credit schemes.
- Partnership with multi-national corporations should be promoted. Their
data on employment statistics of disabled persons should be open to the
public.
5. Access to built environments and public transport
- Governments should take measures to enhance accessibility of existing
built environments and public transport.
- Governments should monitor the implementation of accessibility code on
periodical basis.
- International organizations or agencies, should develop international
or regional technical guideline for accessibility, which cover built
environment, transportation, information and services.
- Governments should promote accessible tourism, which include removal of
physical, attitudinal and institutional and informational barriers in
society, and which encompasses accessible environment, transportation,
information and communications and services that consequently benefit not
only persons with different disabilities, but also older persons, families
with young children and all other travelers.
- Governments should mainstream accessible tourism in overall tourism
development policy and actions plans and promote partnership between tourism
industry and disabled people organizations (DPOs).
6. Access to information and communications, including information,
communications and assistive technologies
- Governments should disseminate any public information in accessible
language and format.
- Governments should take appropriate measures to ensure that facilities
and services open or provided to the public, and all other official
interactions, accept and facilitate the use of sign languages, Braille,
augmentative and alternative communication, and all other accessible means,
modes and formats of communication chosen by persons with disabilities.
- Governments, in collaboration with the private sector, should enhance
disabled persons access to banking services, health and other types of
insurance services.
7. Poverty alleviation through capacity-building, social security
and sustainable livelihood programmes
- Governments should take appropriate measures to integrate concerns of
disabled persons in social protection policies.
- Governments, in collaboration with the World Bank and DPOs, should
increase the number of Poverty Reduction Strategy Paper (PRSP), which
incorporate disability concerns.
Enhancing Cooperation and Support in pursuance of the BMF
- Inter-agency coordination mechanism, involving UNDP, OHCHR, ILO,
UNESCO, FAO,… should be established to effectively implement the BMF and the
Biwako Plus Five
Enhancing the effective monitoring and review
- Review of the BMF and BMF plus Five implementation review should be
conducted at the end of the Decade at regional, subregional and national
levels.
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