Materials :
Country Papers :
Country paper of the Democratic Republic of Timor-Leste:
issues in national policy formulation related to advancement of
persons with disability*
I. Introduction
Timor-Leste has followed with interest the process of elaborating an
international convention to promote and protect the rights of persons with
disability and shares the view that early consensus on a draft text and
approval by the General Assembly would contribute significantly to “the
economic and social advancement of all peoples.”[1]
Decisions by Governments to sign, ratify or accede to the convention would
result in increased public awareness and support for inclusive development
and progressive removal of barriers to the full and effective exercise of
choice by all persons in the pursuit of individual freedom and enterprise.
While a focus of the workshop is on the process of negotiating the
convention at the Ad Hoc Committee, our experience would suggest it is
important also to consider preconditions for effective country-level
participation in those processes, for implementation of that important
instrument when adopted by the General Assembly, and for action directed to
progressive realization of its goals and commitments. This paper
discusses several of these considerations with reference to the experience
of Timor-Leste in the formulation of its first national policy on
advancement of persons with disability and development.
II. Policy Formulation
Process
The Constitution of the Democratic Republic of Timor-Leste
guarantees the human rights of all citizens, on the basis of equality
between women and men, and provides for non-discrimination on the grounds of
physical or mental condition. The Constitution also provides
that citizens with disability shall have the same rights and
responsibilities as all citizens.
The task for policy development has been to provide a framework by which
all citizens can exercise choice without barriers in the full and effective
exercise of these basic human rights and fundamental freedoms on the basis
of equality.
The decision to draft a national policy on advancement of persons with
disability was assigned to the State Secretariat for Labour and Solidarity
in the light of its responsibilities for the welfare of persons with
disabilities.[2] The task
was also identified as a critical issue for national development from the
social perspective: The paramount goals of inclusive development and poverty
reduction will not be furthered if some citizens are unable to participate
fully and effectively as agents and beneficiaries in that process.
A. Participatory and consultative approaches
Timor-Leste is a young democracy with a long tradition of community
involvement in all aspects of development. Formulation of the national
policy on advancement of persons with disabilities has built upon these
traditions. The process was people-centred and included organization
of consultative seminars in all four regions of the country, which provided
opportunities for representatives of Government, civil society and persons
with disability to present ideas and share experiences concerning disability
and development. More than 500 participants were involved in the
seminars, of which some 40 per cent were persons with disability.
Three lessons emerged from the regional seminars. Participants attached
decided importance to equalization of opportunities for all: (1) to improve
their quality of life, (2) to pursue sustainable livelihoods in open markets
and (3) to participate in and contribute to civil and political life in the
communities in which they live.
Formulation of the national policy also involved extensive and systematic
consultations with governmental as well as non-governmental officials on
development issues and trends through the mechanism of the Disability
Working Group of Timor-Leste, for which the State Secretariat provides
administrative and technical support.
B. Policy design: best
possible solution to achieve full participation and equality
Timor-Leste is a State party to the seven core human rights treaties, so
drafting of the national policy on advancement of persons with disability
made appropriate reference to their normative and substantive guidance on
promoting and protecting the rights and dignity of persons with disability.
Since the rights of persons with disability are guaranteed by the
Constitution, the main focus of national policy is equalization of
opportunities for participation in all aspects of development. The
policy has drawn upon guidance provided by disability-related development
instruments adopted by the United Nations General Assembly, specifically the
World Programme of Action concerning Disabled Persons, and the
Standard Rules on the Equalization of Opportunities for Persons with
Disabilities. The policy also drew upon relevant Asian and Pacific
regional experience presented in the Biwako Millennium Framework for
Action towards an Inclusive, Barrier-Free and Rights-Based Society for
Persons with Disabilities in Asia and the Pacific.
Experience suggests that countries must consider and adapt normative and
substantive guidance presented in international as well as regional
instruments in the light of their own historical development experience,
relative level of development and respective development philosophies.
Guidance should not be adopted uncritically but must be appropriately
localized, particularly as this pertains to local capacities, institutions
and traditions, which are all critical to effective and progressive
realization of policy intent.
The value proposition of the national policy is the best possible
solution to achieving full participation and equality in the light of the
current development setting of Timor-Leste and its development vision of
building a democratic and prosperous society.[3]
As a new country, Timor-Leste currently has neither the depth of human and
institutional resources nor the range of development experience to engage in
extensive research or experimentation on actions to promote: (a)
accessibility in the general systems of society, (b) adaptation with dignity
and (c) progressive removal of barriers to full participation and equality
for all citizens to act as agent and beneficiary of inclusive development
and poverty reduction.
As a best possible solution to promote full participation and equality of
persons with disability in all aspects of development, the national policy
has three purposes as a national development instrument:
- to promote accessibility with
reasonable adaptation in the general systems of society to further the full
participation and equality of citizens of Timor-Leste with disability in all
aspects of inclusive development and poverty reduction;
- to promote incorporation of
disability as a key theme in all strategies, policies and plans for
inclusive development and poverty reduction in Timor-Leste; and
- to provide a comprehensive
reference for awareness-raising, public information and consultations on
advancement of citizens of Timor-Leste with disability as agents and
beneficiaries in all aspects of development.
C. Policy framework
The draft policy on advancement of persons with disability and
development contains both general and specific provisions. The policy
is based on the premise that “disability is normal,” since it can happen to
any citizen, so the policy is based on holistic approaches to disability and
development. With the human rights and fundamental freedoms of
citizens with disability guaranteed by the Constitution, the policy
has adopted a functional approach to define the population to be covered by
its provisions:
For
the purposes of national policy, the term persons with disability
refers to citizens of Timor-Leste
who experience long-term difficulties, due to physical, sensory and/or
mental condition, which
substantially limit capacities to perform one or more essential daily life
activities.
The vision of the national policy reflects fundamental values and
traditions of Timor-Leste and focuses on the role of accessibility in the
environment – physical, attitudinal and technological - as key to
realization of full participation and equality of all citizens:
To
promote an environment in which there are no barriers to full and effective
participation and
equality between women and men in all aspects of development, which
contributes to continuous,
sustainable and equitable improvements in levels of living and quality of
life in larger freedom for all.
The policy has a single goal that refers to realization of full
participation and equality of all citizens to act as agent and beneficiary
in furthering the paramount national development goals of inclusive
development and poverty reduction:
To
promote recognition, progressive realization and effective protection of the
fundamental rights and
freedoms enshrined in the Constitution of the Democratic Republic of
Timor-Leste for citizens with
disability and further thereby their full and effective participation, on
the basis of equality between
women and men, in building a prosperous and just nation and a society for
all.
The national policy has five objectives to achieve its full participation
and equality goal:
- Achieve accessibility with
reasonable adaptation in the general systems of society;
- Achieve universal access to
accessible social services and social safety nets;
- Promote equalization of
opportunities for individual enterprise, on the basis of equality between
women and men, to create income and wealth in open markets;
- Promote equalization of
opportunities to participate in and contribute to civil and political life;
and
- Promote information and
communications in modes and formats accessible for all.
Strategic actions to translate policy objectives into concrete outcomes
that contribute to continuous improvements in the quality of life and
livelihoods for all citizens in all regions direct special attention to the
role of public information and awareness-raising to promote inclusive
designs and progressive removal of barriers in all efforts to expand access
to essential public goods, with emphasis on community-directed approaches to
health services, inclusive education and training, and infrastructure
(water, sanitation, housing and transport), which are deemed essential to
sustained and equitable development in all regions.
The national policy includes recommended actions that address a number of
priorities for national development, which include: (1) official recognition
of accessible formats and alternative and augmentative communication modes
in public documents and official proceedings of the State to promote
equalization of opportunities to participate in transparent, accountable and
democratic governance, (2) improved access to services for children (0-4)
and their mothers, with special emphasis on early detection and appropriate
treatment of preventable causes of disability, (3) improved access to
services for girls and women with cognitive or intellectual disability with
emphasis on promotion and protection of their rights and dignity, (4)
promotion of choice in sports, culture and recreation, (5) support for
inclusive training and education to build capacities for full participation
and equality in all aspects of development in all regions, and (6) ensure
that employment promotion and extension services in all sectors are
gender-sensitive and disability inclusive.
III.
Achieving Policy Intent
A.
Proposed implementation measures
The Council of Ministers and Parliament are the responsible parties for
the approval of the draft policy and decisions on measures to achieve its
goal and commitments.
Implementation of the national policy is based on the premise that this
will not require new resources but improved systems and procedures for
resources planning and decision-making, implementation management,
establishment and development of an appropriate legal and regulatory
framework on non-discrimination and equalization of opportunities, and
systematic monitoring and evaluation of development performance and outcomes
from the disability perspective.
1.
Improved planning and resource allocations from the disability perspective
Currently no guidance is available on planning and resource allocation
decision-making from the disability perspective. Investments in public
goods as well as rehabilitation of essential public service must be based on
inclusive designs and provide for progressive removal of barriers to enable
full and effective participation of all citizens in all aspects of
development. Introduction of disability-inclusive concepts and
principles in planning and resource allocation decisions related to Annual
Action Plans, which address development on a fiscal year basis, and Sector
Investment Programmes, which address medium-term development issues, will
contribute to greater equity in outcomes among all citizens in all regions.
Guidelines to reinforce disability-inclusive concepts and principles in
multilateral and bilateral assistance programmes in the social and economic
sectors are urgently required in the light of the role of international
assistance in national development efforts.
Improved planning and decision-making from the disability perspective
will require strengthened institutions for consultation and coordination
among all parties concerned with advancement of persons with disabilities in
the context of development. The policy urges that the Council of Ministers
approve establishment of a national committee or similar mechanism for
consultation, alignment of views and coordination of actions by
representatives of governmental organizations, the non-governmental
community and persons with disabilities. The national committee or
similar mechanism should be independent and present its findings and
recommendations on advancement of persons with disabilities to the highest
governmental levels.
2.
Building capacities and institutions for development and implementation of a
legal and
regulatory framework related to advancement of persons with disabilities
While the rights of persons with disability are guaranteed by the
Constitution, legislative and regulatory provisions to promote and
protect these rights are limited. Capacity building for legislative
and regulatory development and implementation are recognized priorities of
Government in its donor assistance programmes. For the purposes
of national policy, recommended actions include development of general
legislation and regulations to promote non-discrimination of persons with
disability and to ensure equalization of opportunities.
Non-discrimination legislation alone would provide an insufficient basis to
ensure that all citizens would be able to exercise fully and effectively
their basic rights and fundamental freedoms.
The policy also proposes that general legislation and regulations address
the right of (1) access to national laws, regulations, administrative codes
and related guidance in accessible formats to promote equalization of
opportunities for the full and effective exercise of basic human rights and
fundamental freedoms by all; (2) access to assistive devices and services to
ensure full and effective participation by all in legal, administrative and
related proceedings of the State; and (3) due process without discrimination
on the grounds of physical or mental condition, or gender, particularly as
this pertains to the right to exercise choice regarding treatment of a
physical, sensory or mental condition or multiple disabilities.
The policy identifies certain topics for specific legislation, based upon
findings emerging from the consultative and participatory processes
associated with its formulation: (1) legal protection of children with
disability, in accordance with Section 18 of the Constitution, to
ensure that all children in all regions can enjoy a full and decent life and
obtain effective and equitable access to treatment, rehabilitation or
counseling services for the realization of his/her dignity, self-reliance
and active participation in all aspects of community life; (2) legal
protection of persons with mental, intellectual or cognitive disability in
the public safety system and guarantees of their basic rights in the justice
system, with special attention directed to due process in the determination
of competence for self-representation and culpability for behaviour; (3)
legal protection of girls and women with mental, intellectual or cognitive
disability to ensure fair and humane treatment in accordance with recognized
standards and to prevent involuntary institutionalization, exploitation or
victimization.
Transparent and accountable administration of justice will require
systems and procedures for periodic monitoring and evaluation of the
exercise of choice in the pursuit of basic rights and fundamental freedoms
by all citizens. Monitoring and evaluation would also contribute to
identification of additional topics for special legislation as well
legislation and regulation that discriminate and should be appropriately
modified – or removed - in line with the relevant provisions of the
Constitution.
3.
Participatory monitoring and evaluation
The National Development Plan identifies monitoring and evaluation
as a critical component of national development planning and proposes it be
carried out at sector (ministry, department or agency-level) and programme
and project levels. The national policy on advancement of persons with
disability identifies establishment and development of participatory
monitoring and evaluation as a key implementation measure. The task
for monitoring and evaluation from the disability perspective is less one of
focusing on differences due to a condition in the realization of social and
economic and development but documenting the role of accessibility in
expanding opportunities for choice in the exercise of individual freedom and
enterprise.
For purposes of national policy, monitoring and evaluation need to
identify concise and consistent measures to assess differences in
performance and outcomes between persons with disability and non-disabled
persons with reference to progressive realization of accessibility in the
general systems of society.
The premise of disability-inclusive monitoring and evaluation is that
accessibility promotes equalization of opportunities to exercise choice in
all areas of social and economic life and in civil and political affairs.
Progressive realization of accessibility will be reflected in terms of
greater equity in performance and outcomes of development interventions
between persons with disability and non-disabled persons. Environmental
barriers, of a physical, attitudinal or technological nature, contribute to
differential realization of opportunities to participate in all aspects of
development, which will be reflected in inequality of outcomes.
Monitoring and evaluation of progress in achieving the goal and commitments
of the national policy would use an accessibility- and opportunity-based
construct and be based on metrics related to the activity and participation
domains[4] and environmental
variables[5] of the
International Classification of Functioning, Disability and Health[6]
This approach could have implications for decisions on monitoring
mechanisms of the new international convention to promote and protect the
rights of persons with disabilities.
B. Role of international and
regional cooperation
The role of international cooperation and partnership in promoting
sustainable development and eradicating poverty are recognized in the United
Nations Millennium Declaration.[7]However,
none of its eight development goals and associated commitments addresses the
situation of persons with disabilities. This important source of
policy guidance for global development in the twenty-first century is not
disability inclusive, nor do any of the actions recommended to further
achievement of its goals and commitments[8]
address adaptation with dignity and progressive removal of barriers to the
full and effective participation of all persons as agents and beneficiaries
of all aspects of development.
Identification of measures and priorities to build national capacities
and institutions for progressive achievement of accessibility in the general
systems of society, and recognition and realization of non-discrimination
and equalization of opportunities for persons with disability must rely on
other sources of policy guidance, such as the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities.[9]The
Standard Rules direct special attention to full and effective involvement of
persons with disabilities in all aspects of mainstream technical cooperation
activities.
Rule 21 (Technical and economic cooperation) provides:
“States, both industrialized and developing, have the responsibility to
cooperate in and take measures
for the improvement of the living conditions of persons with disabilities in
developing countries.
“1.
Measures to achieve the equalization of opportunities of persons with
disabilities… should be
integrated into general development programmes.
“2.
Such measures must be integrated into all forms of technical and economic
cooperation,
bilateral and multilateral, governmental and non-governmental. States
should bring up disability
issues in discussions on such cooperation with their counterparts.
…
“4.
Priority areas for technical and economic cooperation should include:
(a) The
development of human resources through the development of skills, abilities
and
potentials of persons with disabilities and the initiation of
employment-generating
activities for and of persons with disabilities;
(b) The
development and dissemination of appropriate disability-related technologies
and
know-how.”
Rule 22 (International Cooperation) provides:
“States will participate actively in international cooperation concerning
policies for the equalization of
opportunities for persons with disabilities.
“1.
Within the United Nations, the specialized agencies and other concerned
intergovernmental
organizations, States should participate in the development of disability
policy.
…
“3.
States should encourage and support the exchange of knowledge and
experience….”
For Timor-Leste, capacity building and institutional development are
priorities of Government for all nation-building sectors, and the national
policy envisages that mainstream technical cooperation increasingly becomes
disability inclusive and promotes progressive removal of barriers.
Mainstream technical cooperation also represents an essential component
in the expansion of pilot action, particularly by the non-governmental
community, to promote opportunities for individual enterprise by persons
with disability - women and men - in all regions.
International and regional cooperation must ensure that opportunities to
participate in technical exchanges, seminars and training workshops in the
social and economic sectors present no barriers to participation and that
their outcomes are disseminated widely in accessible formats.
Reinforcing the disability perspective in technical cooperation
activities in the context of global development in the twenty-first century
underscores the vital importance of early consensus and approval of the
international convention to promote and protect the rights of persons with
disability, which would contribute to recognition and realization of their
vital role as agents and beneficiaries in all aspects of development.
* Arsénio Paixão Bano, State
Secretary for Labour and Solidarity, State Secretariat for Labour and
Solidarity, Dili, Timor-Leste: WP15/2005/06/18h.
Preparation of the national policy on advancement of persons with
disability and development is financed in part by the United States Agency
for International Development (USAID) under its “Small grants program” as
Project agreement number: DAI-026 – Capacity building for social policy
development (Díli, 22.02.2005).
[1] “Preamble,” Charter of
the United Nations, adopted 26 June 1945 at San Francisco.
[2] Labour Code, 2002.
[3] Planning Commission,
“Vision,” East Timor National Development Plan (Díli, May 2002), p.
viii.
[4]Activity and participation
domains include: Learning and applying knowledge; General tasks and demands;
Communication; Mobility; Self-care; Domestic life; Interpersonal
interactions and relationships; Major life areas; and Community, social and
civil life.
[5]Environmental factors
include: Natural environment; Support and relationships; Attitudes;
Services, systems and policies, with reference to housing, communications,
transportation, legal systems, social security systems, general social
support services, health services, education and training services, and
labour and employment services.
[6] (WHO, Geneva, 2001).
[7] General Assembly
resolution 55/2 of 8 September 2000.
[8] “In Larger Freedom:
towards development, security and human rights for all; report of the
Secretary-General” (A/59/2005).
[9] General Assembly
resolution 48/96, annex, of 20 December 1993.
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