Materials :
Country Papers :
Statement at 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
(Bangkok, July 2005)
Mr. Zhang Guozhong
China Disabled Persons’ Federation[1]
Background
China is the world largest developing country with estimated 60 millions
persons with disabilities. Since 1980s, thanks to the country’s rapid
economic growth and social development and in particular as the result of a
series of positive legislative and governmental actions, general status of
persons with disabilities in China has witnessed a remarkable uplift. In
this process, persons with disabilities and their organizations have played
an active role. Meanwhile, China has become also active in many
international actions, for example, supporting the UN World Program of
Actions, Standard Rules and Asian and the Pacific Decade of Disabled Persons
and therefore won increasingly international recognition. In December 2003,
due to “ his outstanding contribution to the cause of human rights within
China and all round the world”, Mr. Deng Pufang, Chairman of China Disabled
Persons’ Federation, was presented the United Nations Award in the Field of
Human Rights.
However, in a huge country as China, due to resources limitation and
under-developed or in some cases unbalanced economic and social
developmental levels in different regions, persons with disabilities remain
a vulnerable group. Many of them still face special difficulties while the
whole economy of the state is experiencing a tremendous market-oriented
transition. There are still much needs to be done for the full realization
of the goal of “Equality, Participation and Sharing” for persons with
disabilities.
Legal Protection Framework
China is a state party to over 20 major international treaties.
Domestically, China has established a basic legal framework for protecting
rights and interest of persons with disabilities.
China’s Constitutions provides a
general principle on the protection of disabled persons, particularly
through its Article 45. Besides, more than 30 national laws have specific
provisions concerning persons with disabilities, such as Election Law, Civil
Law, Criminal Law, Education Law, Labor Law, Marriage Law and so on.
The Law on the Protection of Disabled Persons is a “basic law” of
significant importance for the rights protection of disabled people. The Law
itself contains 54 articles, 9 chapters, covering a wide range of aspects
such as rehabilitation, education, employment, cultural life, welfare,
accessibility etc. It has some unique and outstanding features. It uses the
majority portion for articulating various positive measures to tailor
special needs of disabled persons in aspects of rehabilitation, education,
employment and welfare and so on.
The Law establishes general principles on enforcement, with reference to
applicable civil or criminal laws and administrative procedures. Also it
obliges governmental agencies and local congresses to take concrete actions
to implement the Law. By 2003, all 30 provincial congresses had issued their
local regulations.Local authorities are becoming more and more initiative
and important in producing and implementing supplementary but more concrete
preferential policies for disabled persons.
Though there exist quite a number of general and specific legislations
such as Regulations on Education of Disabled Persons and in particular the
Law on the Protection of Disabled Person, it is believed that more
legislative efforts are needed in order to enhance legal protection for
persons with disabilities. China’s legislative and administrative bodies are
now reviewing its legislation and policies on disability including the Law
on the Protection of Disabled Persons and formulating some more specific
regulations on rights promotion enshrined in China’s Constitutions.
BMF and China
China attaches importance to regional development and cooperation. China
joined with others in initiating and promoting Asia and the Pacific Decade
of Disabled Persons (1993-2002) and support the regional efforts in renewing
the decade and adopting BMF. So far, BMF documents has been translated into
Chinese and circulated to all levels of governments by the State Council
Coordination Committee on Disability in Chinese Government. All departments
and local authorities were called upon to implement BMF in conjunct with
their efforts of planning and implementing the 10th National
Progamme on Disability and beyond. In some areas such as legislation, data
collection, poverty reduction, self-help organizations at grassroots level
of persons with disabilities, the Chinese government and organizations of
and for persons with disabilities are taking positive measures and working
closely with UN ESCAP and other partners. BMF has and continues its unique
influence as regional policy guidelines on the process of policy-making and
work of the Chinese Government as well as civil society in advancing the
cause for persons with disabilities in China.
Why an International Convention
China welcomes, supports and makes contributions to the UN efforts in
drafting an International Conventions on Rights of Persons with
Disabilities. I understand there are some reasons to launch the process for
such a convention, (1) 600 millions disabled persons around the world are
still in difficulties and they need more empowerment and support; (2) there
is no international legally-binding instruments specifically concerning the
rights protection for persons with disabilities which means that PWDs need
more visibility in international right protection arena; (3) with the world
disability movement, PWDs cry for equal rights and full participation and
their voices are attracting more attention and support by international
community, many governments and civil societies. This reflects the justice
demands of one-fifth world population of persons with disabilities and also
current trends of humane civilization and progress.
A Convention to be: From a Personal Perspective
The Preamble of the proposed Convention shall be simple but
comprehensive enough to include principles on guaranteeing equal rights and
protection enshrined by existing international instruments and specific
documentation in particular Standard Rules.
Objectives shall highlight the purpose of the convention is to
protect and promote the rights of PWDs and set a number of principles such
as equality and non discrimination, equal opportunity, positive measures for
full participation of PWDs in society.
Definitions shall not be too
prescriptive, but it is necessary to include definitions on Disability and
Discrimination on ground of disability as two key elements.
State Parties’ obligations shall be
drafted in a very general manner to require State parties to take measures
in order to ensure the realizations of all kind of rights of persons with
disabilities and uplift their general situation through national development
and international cooperation. Efforts shall be taken to avoid possible
duplications with other parts of the convention.
Guarantee of specific rights is the
most important part of the Convention. Equal importance shall be given to
rights in civil and political areas as well as those in economic, cultural
and social arena. Considering the fact that most persons with disabilities
are experience sort of barriers in their societies, while saying that the
convention shall not try to create any extra rights or protection for
persons with disabilities, the convention drafters really need be creative
enough to recognize that persons with disabilities do need more supportive
empowerment, such as positive or affirmative measures and actions taken by
states, particularly in fields like accessibility, education, health and
rehabilitation and so on. All kinds of cooperation among states (regional
and international, north-south and south-south) in relation to the
realization of goals of the Convention shall be encouraged and will be
conducive.
Monitoring mechanism is a sensitive
issue. So far due to different views and stands among countries, the working
group proposed a draft that focus on national monitoring mechanism. National
mechanism shall of course have a full and active role to play in the
process. How to formulate a practical and effective monitoring system still
seems to be an open-ended question. However, if any possible additional
clauses would be added, we shall take full account of the practices of
existing treaties and the ongoing process of reviewing and reforming treaty
bodies’ reporting mechanisms at the U.N.
Process of Elaborating a Convention.
The process has attracted quite a lot of support and contributions from both
delegations and NGOs. The future negotiation however needs new driving
force, in particular, when we deal with the following articles on economic,
social and cultural rights. Many developing countries have expressed
positive views on the working group proposal but more support will be needed
from other parties. In short, we need unit and support with each other for a
good and hopefully earlier convention in place soon.
[1] This paper is submitted to
the said Workshop by the author at his capacity as an invited individual
expert. Views expressed do not necessarily reflect that of Chinese
Government or CDPF. The paper is prepared, based on just situation and
relevant data about persons with disabilities in China mainland, and has not
included any information about Taiwan, Hong Kong and Macao areas.
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