Programme : Presentation on Day
1
Report on the Fifth Ad hoc Committee
Meeting: from Experience to a Great Challenge of the Sixth session
By Monthian Buntan
President, Thailand Association of the Blind
Introduction
As mandated by the UN Resolution 59/246, the fifth session of
the Ad hoc committee meeting took place from January 24-February 4, 2005 at
the UN Headquarters in order to continue the negotiation on the dfrat
convention on the rights of PWDs. Although the meeting went on rather
smoothly (without any major disruption), it has left us many challenging
tasks ahead. This presentation will report on some crutial information plus
my own observation as head of the Thai delegation.
Organization of the meeting
For the most part, the meeting was conducted
through informal consultation which means that only government delegations
can speak during the session. However, two separate sessions were conducted
formally in order to allow NGOs, DPOs and some international organizations
to voice their opinions.
Content of the meeting (in summary)
The session went on lengthy
discussion/negotiation from paragraph 5 of article 7 and moved slowly until
article 15. The following topics were covered:
Nondiscrimination and equality
- No agreement was reached concerning whether separate/specialized
services, provided to PWDs, should be treated as discrimination;
- No clear direction on "reasonable accommodation" and
- No agreement on whether whether positive measures should be
discontinued after equality has been achieved.
The right to life
- No agreement whether this concept should be extended to cover so-called
"unborn child" and
- Heavy debate whether to include the right to survive and
be protected from natural and human-made disasters, such as arm conflict or
foreign occupation.
Equality before the law
- No clear cut agreement whether the concept of "equality before the law"
should be dealt separately from "non-discrimination and equality";
- The concept of "legal capacity" faced many challenges and
interpretations:
- Whether "legal capacity" means the right/entitlement in principle or
it means the capacity to act and
- Whether PWDs has legal capacity on an equal
basis with others with or without substituted or supported decision making.
Liberty and security of a person
- Ongoing debate whether there should be any circumstance that PWDs may be
deprived of their liberty because of their disability;
- No clear cut
agreement whether PWDs should be provided with accessible information when
they are deprived of liberty and how soon.
FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING TREATMENT
- Some disagreement on whether any scientific experiment can be done to a
PWD without his/her consent and
- Major disagreement and heavy debate on whether "forced intervention"
and "forced institutionalization" should be treated as a form of torture.
Freedom from violence and abuse
- No agreement on whether to include families and/or care givers in this
article;
- Heavy debate on whether more attention should be given to any
particular groups of people who are at greater risk.
Freedom of expression and access to information
- Unsuccessful attempt to add "freedom of thought" to this article;
- Strong
disagreement whether this convention should cover public information or
should it cover only official information available to the public;
- No
agreement on whether information should be made accessible to PWDs on an
equal basis with others in terms of time;
- Continuing debate on whether
private sector should be encouraged or urged or required to provide
information in accessible format to PWDs and
- Some disagreement on whether internet access should be included here
or else where.
Respect for Privacy, the Home and the Family
- Separation of the "privacy" and the rest may be inevitable;
- Heavy debate
and strong disagreement on "sexuality", "sexual relationship" or any which
makes reference to "sex";
- Some debate on whether this convention should
focus on the privacy of people who live in the institutions or PWDs in
general;
- The concept of family planning did not enjoy general support and
- Some disagreement on whether a child may be separated from his/her
parents because of the disability of either the child or parents, under
what condition and who to decide.
Living Independently and Being Included in the Community
- No major opposition to the concept of "independent living" except
- Some
concern that "independent living" may not work well in the society where
extended family is a general norm;
- Concern over putting any reference to a
specific movement, such as Independent Living Movement
- Additional concept of
"full participation" and "freedom of choice".
Challenges for the sixth Ad hoc committee meeting and future of the
convention
As we move into the sixth session of the Ad hoc committee, many
challenges are to be met. Successful handling of these challenges will
definitely determine the future of this convention.
Issues which face heavy debate during the sixth session
- Specific groups of PWDs:
- Children with disabilities (article 16);
- Women
with disabilities (proposed article 15 bis);
- People under arm conflict or foreign occupation (article 8) and
- Other groups that may arise during the discussion;
- Education:
- Inclusive;
- Specialized;
- choice;
- Political rights (article 8); Accessibility (article 19), etc.
Some major issues, such as "international cooperation" may be revisited
while a very sensitive issue, such as monitoring is likely to be postponed
until the end of the process.
Changes within the UN and delegations
- The ambassador from Equador, who has served as chairman of the Ad hoc
committee from the beginning, finished his term at the UN;
- the Embassador
from New Zealand to the UN, who has served successfully as the coordinator
of the meeting, finished his term at the UN and may only be allowed to stay
until the sixth session;
- UN reform initiative may cause some structural change within the UN
and may, to some extent, have major impact upon the process of this
convention;
- Some disagreement among governments/NGOs from developed countries and
governments/NGOs from developing countries on whether process of this
convention should be faster or should it be worked on very carefully which
may involve extended period of time;
- Changes among government and NGO delegations which often cause
disruption and unnecessary recapitulation of the process, etc.
Conclusion
This convention is a hope for PWDs. It is to make the world
better for every one. Therefore, it needs support (ful and sincere support)
from all sides. PWDs and our organizations must make enough effort to
overcome any difficulties ahead of us. And I ask that we invite all our
friends here, back home or in New York to join us in this long march towards
freedom and equality for us, and for all.
Useful link
For further information on the convention, please visit its website at:
http://www.un.org/esa/socdev/enable/
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