UN ESCAP/CDPF Field Study cum Regional Workshop
on Poverty Alleviation among Persons with Disabilities
Lanzhou, Gansu Province, China, 25-29 October 2004

Overview of recent developments in international and regional norms and standards related to persons with disability

Presented by Clinton E. Rapley
Director of Planning Services
Associates for International Management Services (AIMS)

Slide 1

UN ESCAP/CDPF Field Study cum Regional Workshop on Poverty Alleviation among Persons with Disabilities
Lanzhou, Gansu Province, China, 25-29 October 2004

Overview of recent developments in international and regional norms and standards related to persons with disability

Clinton E. Rapley – Director of Planning Services
Associates for International Management Services

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Presentation Agenda

• Brief review of recent developments in international norms and standards related to disability: World Programme of Action concerning Disabled Persons, and the Standard Rules
• Progress in implementing the Biwako Millennium Framework (BMF) at regional and national levels
• Elaboration of the new international convention:
  • Outcome of third session of Ad Hoc Committee (New York, 24 May – 4 June 2004)
  • Outcome of fourth session of Ad Hoc Committee (New York, 23 August - 3 September 2004)
• Way ahead: 59th session of General Assembly, and 2005

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Policy instruments of UN global programme on disability

• World Programme of Action concerning Disabled Persons
• Two goals: full participation, and equality
• Three objectives: prevention, rehabilitation and equalization of opportunities
• Findings of fourth review and appraisal (A/58/61/E/2003/5):
  1. Progress on the elaboration of a comprehensive and integrated international instrument on the rights of persons with disabilities in the context of development
  2. Policy priorities for action on equalization of opportunities in the context of development – accessibility; social services and safety nets; and employment and sustainable livelihoods
  3. Progress in reinforcing the disability perspective in technical cooperation activities
  4. Progress in data and statistics on disability in mainstream development
  5. Progress in improved planning and coordination of activities of the United Nations system to promote equalization of opportunities
• Report findings and recommendations noted with appreciation by General Assembly resolution 58/132 of 22December 2003.

Source: <http://www.un.org/esa/socdev/enable/disa5861e.htm>

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Policy instruments of global programme on disability (2)

• Standard Rules on Equalization of Opportunities for Persons with Disabilities
• Proposed supplement: “reaching the most vulnerable”
• Selected topics:
  • Adequate standard of living and poverty alleviation
  • Housing, including the issue of residential institutions
  • Health and medical care
  • Emergency situations
  • Access to the social environment
  • Communications issues
  • Personnel training
  • Gender
  • Children with disabilities and the family
  • Violence and abuse
  • Older persons
  • Development and psychiatric disabilities
  • Invisible disabilities

Source: Report of Special Rapporteur on third mandate, Annex (E/CN.5/2002/4) <http://www.un.org/esa/socdev/enable/disecn520024e2.htm>

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Policy instruments of global programme on disability (3)

• Views of Governments on proposed Supplement considered at 42nd session of Commission for Social Development (New York, 4-13 February 2004)
• Sixteen replies, presenting views of 40 Governments [EU= 16 + 10]:
  • Majority replying is favourable of adoption of proposed supplement to the Rules;
  • Majority replying views Rules as complementary and mutually reinforcing to new international convention;
  • Majority is further of view Rules must continue to play the role as action-oriented set of guidelines while progress is made towards an international convention.
• Priorities among issues in the Supplement proposed by Sheikha Hessa:
  • Children with disabilities;
  • Gender;
  • Adequate standard of living and poverty alleviation;
  • Developmental and psychiatric disabilities.
• The 2004 Substantive session of ECOSC recommend that UN GA consider the proposed supplement to the Rules, and that the Assembly take into account work of the Ad Hoc Committee. However, no report on the question was submitted to the current, 59th session of GA. However, the Assembly may take action in connection with its consideration of the report on the fourth session of the Ad Hoc Committee.

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Progress in implementing BMF – regional level

• Regional level progress reviewed by means of questionnaire to Governments and NGOs that participate in the “Thematic Working Group on Disability and Disability-related Concerns”.
• Assessment of overall ESCAP performance of 11 organizational activities, such as planning, management, coordination, technical cooperation, reporting and advocacy in support of renewed Asian and Pacific Decade of Disabled Persons was rated “very satisfactory” by Governments and NGOs.

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Implementing BMF - regional level (2)

• Assessment of overall ESCAP performance in support of six of the seven priority areas – no information sought on priority (d) employment – and four strategies to achieve BMF targets rated “very satisfactory” by Governments and NGOs.
• High marks were given to ESCAP support of convention process
• Views suggest urgent attention is needed for the disability statistics, and the community approaches and CBR strategic areas.

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Implementing BMF - regional level (3)

• Governments and NGOs asked to identify top three priorities among BMF priorities and strategies
• In terms of frequency of citation:
• Governments identified disability statistics first priority; and CBR third priority; no clear second-ranked priority area.
• NGOs identified international convention first priority and self-help organizations a close second priority; early intervention and poverty alleviation are third.

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Progress in implementing BMF - national level

• Review of BMF implementation at national level based on ESCAP questionnaire to Governments and NGOs; replies came from all sub-regions.
• Replies from Governments and NGOs indicate strong support of BMF goals and priorities.
• Majority of Governments reported adoption or formulation of a national plan; establishment of a national coordinating committee or similar mechanism; and support and contributions to convention process.
• The solid record of achievement begs the question: will the record of achievement find application in mainstream development?

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Implementing BMF at national level (2)

• Progress in achieving BMF targets and strategies
• Of 21 BMF targets, one-half are to be achieved by 2005 (11/21); two by second-half of Decade (2010); five by end of Decade (2012); and three have no timeline.
• Of 17 strategies, 10 involve national-level action and 70% of those strategies are to be realized by 2005.
• Target implementation (as at end-May 2004):
  • ASAP - 2004: rates range from 70 (target 1) to 87%
  • 2005: rates range from 56 (target 3) to 78%
• Strategy implementation (as at end-May 2004):
  • ASAP - 2005: rates range from 65 (strategy 2) to 78%
  • Exception: strategy 7 – 39%

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Implementing BMF - summing up

• Progress on the new international convention and further implementation of BMF are complementary and reinforcing activities;
• Responding Governments report having adopted - or currently are formulating - plans of action to implement BMF;
• Good progress is being realized with regard to BMF targets on (a) self-help organizations of persons with disabilities, (b) early detection and education, and (c) community approaches;
• Strengthened and improved capacities and institutions for statistics on disability - a BMF priority – is identified as a cross-cutting substantive area in which there is need for advice and assistance;.
• Women with disabilities, and environmental accessibility – both the built environment and ICT – are BMF priorities for action and represent important cross-cutting substantive areas in which further efforts are required better to achieve the respect BMF targets.
• And, further reviews of implementation of BMF could usefully include disability inclusive self-evaluation of progress in achieving BMF targets.

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Ad Hoc Committee – third session

• AHC 03 had draft text of a new international convention prepared by its Working Group, comprised of representatives of Governments, NGOs and national human rights institutions
• AHC 03:
  1. had a first reading of the draft text;
  2. considered (1) draft articles 1 to 24, (2) issues related to international cooperation and (3) preamble;
  3. proposed revisions and amendments to the draft text.
• AHC 03 decided to defer to 4th session:
  1. consideration of title of convention;
  2. structure;
  3. part of the preamble;
  4. definitions (article 3);
  5. monitoring issues (article 25).

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Ad Hoc Committee – third session (2)

• Delegation of Mexico tabled draft text on “international cooperation” as article 24 (bis):
  Proposed article 24 (bis) presents international cooperation as essential an element in implementing the convention and encourages States Parties to exchange of knowledge and experience, encourage technical exchanges - but without specific resource commitment; international and regional organizations would seek to integrate disability perspective in their work; civil society and private sector would promote sharing of knowledge and experience and contribute to increased public awareness.
• Some Governments – Australia; EU - expressed view that implementation of convention is responsibility of States Parties, and national compliance should not be conditional on receiving “international assistance”.
• China, among other delegations, expressed the view that international cooperation could be conducive to implementation of the international convention.

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Ad Hoc Committee – fourth session

• AHC 04 concluded first reading of draft text
• AHC 04 reviewed in plenary draft articles 1 to 15 and 24 (bis)
• AHC 04 had informal discussions on draft text under chairmanship of Ambassador Don MacKay (New Zealand), which considered:
  Draft article 4 (General obligations) – should include concept of progressive realization of economic, social and cultural rights;
  Draft article 5 (Promotion of positive attitudes) – need for fine-tuning;
  Draft article 6 (Statistics) – should be a separate article and not incorporated in article 25 (Monitoring);
  Draft article 7 (Equality and non-discrimination) – discrimination includes all forms of discrimination – direct and indirect.
• Mexico serves as facilitator on draft article 24 (bis), whose consideration will continue to AHC in 2005.
• AHC 04 decided to continue consideration of draft text in 2005.

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Way ahead concerning norms and standards related to disability

• Third Committee (Social and humanitarian) of General Assembly at its 59th session will consider report on fourth session of AHC:
  Report is considered as part of the “human rights” set of agenda items of the Committee, although presentations are made by both Human Rights and Department of Economic and Social Affairs
• Fifth Committee (Administrative and budget) of General Assembly at its 59th session will consider financial implications of recommendations submitted by fourth session of AHC:
  Main issue before the Committee: how many sessions of AHC and their duration in 2005, and how to pay for this.

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