UN ESCAP Workshop on Regional Follow-up to the Fifth Session and Preparation for the Sixth Session of the Ad Hoc Committee on an International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 26-27 July 2005

Korean NGO Report

Participation of Korean DPOs in the process towards the Convention and at AHC sessions

Presented by KSRPD & RI Korea
Prof. Kim Hyung Shik
(July 26-27, 2005)
Website: www.riolrea.or.kr
E-mail: rikorea@empal.com

Participation of Korean DPOs in the process towards
the Convention and at AHC sessions

Prof. Kim, Hyung-Shik
KSRPD & RI Korea

I. Introduction

The Republic of Korea began to approach disability as human and legal rights in the mid-1980s. In particular, the national "democratic movement" against the military government in 1987 gave rise to many other movements, originating from laborers and students and eventually expanding to the whole of society. During this time, many NGOs concerned with unification(of the two Koreas), environment, peace, women, region, human rights, and disability began to form.

However, the basis of this improvement was also a result of changing perceptions of people with disability and the organizations concerned with their welfare, national reformation of laws and institutions, as well as changes in international society.

The 1988 Paralympics held in Korea also increased the recognition of disability, as well as the necessity of welfare and rights people with disability. In 1989, the ' Welfare Act for the mentally and physically handicapped ‘, which can be viewed as the first comprehensive statute for the welfare of people with disability, was completely revised as the ‘Welfare Act of people with disability'. Following this revision, many other policies were formed by government in relation to people with disability, such as the enactment of 'Promotion of Employment and Vocational Rehabilitation of people with disability Act' in 1990, and revision of the 'Special Education Promotion Act' in 1994.

Internationally, the UN announced the 'Decade of people with disability(1983~1992), followed by 'The Standard Rules on the Equalization of Opportunities for Persons with Disabilities' in 1993, heavily influencing the formation of disability related policies in many nations. UNESCAP announced the 'Asian and Pacific Decade of Disabled Persons, 1993~2002', followed by 'Another Decade, 2003~2012', directing the Asian-Pacific area towards an inclusive, barrier-free and rights-based society. With the effort to establish the U.N. Convention for people with disability, and the enactment of the 'Disability Discrimination Act' in Korea, developments of international legal instruments, improving awareness of rights and participation of disabled persons and organizations began to accelerate.

The remainder of this paper examines how people with disabilities and Korea DPOs have participated and reacted in accordance to changing trends since the year 2000, as well as their achievements and future tasks.

II. The Participation Process of DPOs and People with disabilities.

1. Movement for establishment of the Disability Discrimination Act

When the UN began its discussion on the Convention in 2002, a movement to enact a 'Disability Discrimination Act(DDA)' became active in Korea.The purpose of this act would be to legally restrict any discrimination or exclusion of disabled persons, as well as guarantee the rights of disabled persons stated in currently existing disability relevant legislations with careful consideration for their circumstance.

To promote the establishment of a 'Disability Discrimination Act', many disability related organizations of Korea collaborated to form the 'Disability Discrimination Act Solidarity in Korea(DDASK)', contributing to the enactment of the act on a civilian society movement by drafting the legislative bill entitled the 'Disability Discrimination and Enforcement Act'. It can be said that this is the first time such a large number of Korean DPOs have come together under a single issue.

The 'Disability Discrimination and Enforcement Act' of DDASK is formulated from a civilian perspective, and defines disability and discrimination, states the types of discrimination they wish to restrict, and indicates administrative institutions for the act. Also, it specifies the administrative jurisdiction, reparations, legal compensations, and other measures to restore rights to disabled persons that have been negatively affected due to discrimination.

While, while NGOs are participating in such movements, the National Human Rights Commission of Korea is promoting the 'Social Discrimination Act', which is a comprehensive legislation concerning societal disadvantages due to disability, sex, gender, lower education, socio-economic status, and other issues. As a result, these requirements will become controversial.

DDASK's 'Disability Discrimination and Enforcement Act' is based on the permanent and complex nature of discrimination against people with disabilities, and requires an independent enforcement agency with strong authority for enforcement, as well as heavy penalization and reparation. Under these requirements, the issue is expected to come under heavy debate.

2. Movement to support the U.N. Disability Convention

Different DPOs have varied experiences of being exposed to international exchanges depending upon their history, missions and sensitivity to different issue. However, the history of cooperation with UNESCAP or the UN concerning the field of disability began with the 'Asian and Pacific Decade of Disabled Persons, 1993~2002'. This was possible because the Korean Society for the Rehabilitation of Persons with Disability (KSRPD), after its establishment in 1954, joined Rehabilitation International to maintain steady relations with organizations around the world. The KSRPD has utilized the international linkages to achieve dual objectives. The first was to uplift the national public images of the KSRPD itself and the other was to act as a ‘go-between’ in drawing the attention of the general public and the government to the critical importance of the U.N. Disability Convention.

However, people with disabilities of Korea began to take active interest in the international effort for a Disability Convention during the ‘International Osaka Forum on Disabilities’ to mark the End year of the Asian and pacific Decade of Disabled Persons, 1993~2002'. At that time, KSRPD formed a delegate of 65 individuals consisting of support workers, experts, and activists to participate in this forum, and formulated a strategy on its role as an NGO in the establishment of the Convention.

According to this strategy, KSRPD began to approach such international conferences carefully considering two key points –the principle of prudent selectivity and the establishment of priorities. To elaborate, conferences were carefully selected based on its nature and issue, opinions on important matters were communicated through any form possible, and recognition of the Convention was nationally expanded through publications and seminars. Also, only a few select issues deemed to be of priority and importance was pursued at a given time.

The activities considering the two key points can be seen in the following.

1) Sharpening Consciousness of Disability Experts and Organizations promoting self-reliance

RI Korea consists of 12 sub-committees with approximately 220 welfare experts, rehabilitative organization members, and activists. With the guidance of the human rights and women's branches, meetings are held to create a report, and selected representatives participate in international conferences to communicate their opinions.

In particular, an RI Korea representative presented the country report of Korea at the 2003 Bangkok meeting, stating the support and commitment for the convention, and drafting the Bangkok recommendation. Also, DPI Korea began to attend following conferences as a representative for disabled persons, along with RI Korea which represented disability experts.

After the Second Session of the AHC Meeting (the 2^nd ad hoc committee), KSRPD installed a working committee for 'Administrative Committee for the Establishment of the Convention', lead by the Human Rights sub-committee of RI Korea. Also, 10 separate organizations for the self-reliance of people with disabilities established the 'Korean Solidarity for the Establishment of an International Disability Convention (hereafter referred to as the Korean Solidarity)', led by DPI Korea to actively examine and study matters concerning the Convention at develop arguments.

At the Beijing meeting in 2003, RI Korea and the Korean Solidarity collaborated to present 'The Reality of Disability in Korea and Support for the Convention', contributing to the revision of the Bangkok draft. The Ministry of Health and Welfare of Korea began to participate at this meeting in conjunction with disability NGOs, stating the nominating to participate to represent government for the successive working group meeting.

At the first Working Group meeting concerned with the Convention in 2004, a civilian represented the Korean government. At following meetings, the participation of organizations concerned with the self-reliance of people with disabilities became increasingly active, led by the Korean Solidarity. With members of the Working Group, and attendance at the meetings, the opinions of disability NGOs started to become more actively voiced. In particular, the definition of words, addition of clauses pertaining to women, self-reliance, rights of mobility, health, and rehabilitation, international cooperation, and monitoring were topics of active discussion. Such practices facilitated many changes, including the participation of many disability organizations in Korea, support from government organizations, and public interest by communicating the results of the meeting. DPOs had an active role in this change, but role of the media was significant as well.

2) Participation of Disabled persons and Activists

The next goal is to facilitate the participation of all possible associates and to sharpen the national awareness of the importance of the Convention. By providing an opportunity for various NGOs and related personnel to participate, the public interest for the Convention can be elevated. In the process, the empowerment of people with disabilities can take place, as well as increase the recognition of disability welfare personnel and non-people with disability.

A single most important strategy that RI Korea has adopted is to attract government’s funding supports by making best use of the Convention material and other materials data from international sources. Those extra resources have enabled the RI Korea

1. Recruit and select people inter-related the Convention.
2. Communicate the nature and the contents of the Convention for more effective participation.
3. Take them to international venues to deepen the experience of a dual participation.
4. and to use them as catalyst to reach the widen audience for the promotion of the Convention.

In a nutshell, we are striving to avoid the situation of “what do we have to do with the Convention? What is good about the Convention for me?.”

This approach will promote continuous participation and interest not only to the Convention, but various disability issues in the Asian-Pacific area. For example, the upcoming UNESCAP meeting will not only provide a great opportunity to discuss the convention draft, but also discuss case studies of disability discrimination ordinances, international cooperation, monitoring mechanisms, and exchange with APCD.

3) Results

A. Participation of Disability NGOs and Increased Recognition

Initially, participants to the meetings were limited to select experts and people with disabilities from RI and DPI Korea. However, with each following meeting, the range of participants expanded. As the convention drafts became more concrete, the interest and participation of disability and disability related organizations increased as well.

For example, as the issue of disabled women in Korea became more recognized, it was strongly suggested that a separate clause be included in the Convention. After the fifth session of the AHC meeting, disabled women participants helped to form the 'Korean Disabled Women's Network Committee to promote an Independent Clause for Disabled Women in the Convention', actively holding information sessions.

B. Inducing Government Interest and Support

Up to this point, the role of government in the Convention can be viewed as minimal. However, as the issue holds international importance, civilian efforts have facilitated government (Ministry of Health and Welfare) involvement, and cooperation from government branches (Ministry of Foreign Affairs and Trade, UN Korean Representatives) at international conferences. An important example of this can be seen from the selection of a civilian as the Korean representative in the Working Group.

Also, by drawing the interest of members from the National Assembly of the 'Special Disability Committee', an inspection of the administration conducted by the national assembly resulted in a demand for the Ministry of Health and Welfare to take an active role in the Convention. Although the political interest in this matter was minimal in the past, it is most likely to change significantly in the future.

C. Empowerment of Disabled Persons and Self-Reliance Organizations

The Convention made it possible for Korean organizations in the field of disability to collaborate under a single issue and actively participate internationally. During this process, the international exchange of Korean organizations became active, increasing recognition of disability rights and social participation, as well as cooperating to promote a 'Disability Discrimination Act'.

There are high expectations that with the progression of the Convention, the Korean 'Disability Discrimination Act', along with future government policies will be positively affected.

III. Limitations and Future Tasks

Continuing participation since 2003 has achieved many important tasks as stated above. However, many problems remain to be solved by DPOs. In the current situation where the convention draft is being made, extensively reviewed, and many opinions being exchanged, NGOs must understand that much effort and time are still required for its completion.

It can be said that the Convention is in its first stages, and the following tasks are suggested for its progression.

1. Continuous Participation and Securing Expert Opinions

The Convention should work towards adopting a final document which would be acceptable to all the parties involved in terms of language, definitions, principles and practical strategies. To achieve this a closer collaboration of people with disabilities themselves, legal and disability experts and policy makers will be possible.

The government which will ultimately ratify the Convention, needs to be supported by these individuals for careful review and preparations. In return, the government should secure the finances and expertise to assist the continuous participation of disability NGOs.

2. The Alliance of Social Organizations and Increasing Recognition

As stated previously, many different NGOs are active in Korea, yet no alliance has been formed in relation to the Convention. Cooperation is lacking even between human rights organizations for the Convention at this point.

Therefore, it is necessary for active lobbying and national conferences for the purpose of promoting cooperation between not only organizations in the field of disability, but many other fields as well.

3. Solidarity of Disability NGOs and Monitoring Human Rights

The UNESCAP has called for ‘unity’ and ‘solidarity’ amongst the DPOs to successfully ratify the Convention. The process of ‘unity’ or ‘solidarity’ has just begun in the case of Korea, and there is a tremendous needs to consolidate this emerging process.

The Convention should address the ‘universal’ objectives such as ‘effective promotion of equality of persons with disability but at the same time should not fail to recognize specific needs of particular disability groups or DPOs. The ‘unity’ and ‘solidarity’ should provide opportunities to take into account such specific needs of programs.

This can be related to the Section 25 - 'Monitoring Mechanism' of the Convention Draft. To be precise, there is a necessity for a comprehensive monitoring mechanism on a civilian level, independent from government. Although this may be a problem to be dealt with after implementation, DPOs should prepare for this issue while participating in the progression of the Convention.

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Last updated 02/28/05. Contact: info @ visionoffice.com