Materials : Reference
DocumentsEconomic and Social Commission for Asia and the Pacific
Pathfinders:
Towards Full Participation and Equality of Persons with Disabilities in the ESCAP Region
Part 1 of 5 : Part 1 | Part
2 | Part 3 | Part 4 | Part 5
Social Policy Paper No. 2
 Printed in Bangkok January 2002 - 950
United Nations publication Sales No. E.02.II.F.19 Copyright © United Nations 2001
ISBN: 92-1-120079-2 ST/ESCAP/2170
United Nations ST/ESCAP/2170
UNITED NATIONS PUBLICATIONS
Sales No. E.02.II.F.19
Copyright © United Nations 2001
ISBN: 92-1-120079-2
The designations employed and the presentation of the material in this publication do
not imply the expression of any opinion whatsoever on the part of the Secretariat of the
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United Nations.
FORWARD
The Asian and Pacific Decade of Disabled Persons, 1993-2002, proclaimed on 23 April
1992, has been a significant programme of the Economic and Social Commission of Asia and
the Pacific (ESCAP) for the past nine years. As I have worked to revitalize ESCAP our work
focus has been redirected towards three overriding themes: poverty reduction, managing
globalization and emerging social issues. Disability is a cross-cutting issue affecting
all three themes. Recent World Bank estimates suggest disabled persons may account for as
many as one in five of the world’s poorest persons. Disability limits access to
education and employment, and leads to economic and social exclusion. Poor people with
disabilities are caught in a vicious cycle of poverty and disability, each being a cause
as well as a consequence of the other. Rapid advancement of information and technology, an
important aspect of globalization, also affects persons with disabilities both positively
and negatively. As an implementation strategy, ESCAP particularly focuses on disability as
a flagship programme in emerging social issues and continues to support member and
associate member governments in their endeavours to protect the rights of people with
disabilities and to promote their full participation and equality in their national
development process.
The Asian and Pacific Decade of Disabled Persons will enter its tenth and final year in
2002. A rigorous evaluation process is underway to evaluate the achievements in the
implementation of the Agenda for Action for the Asian and Pacific Decade of Disabled
Persons. The results will be reviewed at an Intergovernmental High-level Meeting, which
will be convened in October 2002, in Otsu, Shiga Prefecture, Japan, to conclude the
Decade. This publication “Pathfinders: Towards the Full Participation and Equality of
Persons with Disabilities in the ESCAP Region” will form part of the evaluation of
Decade achievements.
The purpose of this publication is to disseminate and share the many examples and
initiatives of good practice that have been undertaken by governmental and
non-governmental agencies in the ESCAP region. These examples provide detailed description
of the challenges faced, the solutions found and the lessons learned in the implementation
of the Agenda for Action for the Asian and Pacific Decade of Disabled Persons. They
provide the basis for further inspiration and replication. I would like to express my
appreciation for the contribution of the members of the Thematic Working Group on
Disability-related Concerns. I extol particularly the initiatives of the non-governmental
agencies (NGOs). NGOs are, and always have been, an important partner in the endeavour to
achieve equality of opportunity and full participation for persons with disabilities in
the ESCAP region.
The case studies presented in this publication reflect an important aspect of the
achievements of the Asian and Pacific Decade of Disabled Persons. Many of the case studies
describe the impact and improvement in the quality of the daily life of individual persons
with disabilities. In his Nobel Lecture, delivered in Oslo, 10 December 2001, the
Secretary General of the United Nations enjoined us, as never before, to look beyond the
framework of States and focus on improving the conditions of the individual men and women,
girls and boys. The focus of the Asian and Pacific Decade of Disabled Persons, for the
past nine years, has been on improving the quality of the lives of individual men and
women, girls and boys with disabilities in the ESCAP region. Some of their stories are
presented in this publication.
December 2001
Kim Hak-Su Executive Secretary
CONTENTS
Forword
Introduction
PART ONE: NATIONAL COORDINATION AND LEGISLATION
I. Overview of national coordination and legislation
II. The National Disability Forum of Bangladesh
III. The Disability Action Council of Cambodia
IV. Eliminating discrimination through legislation in Hong Kong, China
PART TWO: PUBLIC AWARENESS, ACCESSIBILITY AND COMMUNICATION
V. Overview of public awareness, accessibility and communication
VI. Accessibility in Malaysia: Disability awareness training for local government
technical personnel
VII. Let’s make the world accessible: Barrier-free tourism in India
PART THREE: EDUCATION, TRAINING AND EMPLOYMENT
VIII. Overview of education, training and employment
IX. Integrated education in Gujarat
X. Traditional Thai massage: Vocational training for blind persons in Thailand
XI. Mushroom production for people with disabilities
PART FOUR: PREVENTION OF CAUSES OF DISABILITY AND
REHABILITATION: COMMUNITY-BASED REHABILITATION AND SOCIAL DEVELOPMENT
XII. Overview of prevention of causes of disability and rehabilitation: community-based
rehabilitation and social development
XIII. Community-based approach to early intervention for children with disabilities:
The KAMPI experience
XIV. Lovely’s story: A case study from the Centre for the Rehabilitation of the
Paralysed in Bangladesh
PART FIVE: SELF-HELP ORGANIZATIONS
XV. Overview of self-help organizations
XVI. Bright Future Group: Birth of a self-help organization in Viet Nam
Annex List of organizations
Table Projected population of children with disabilities (1992)
Figures
- The programme intervention methodology of the National Forum
- The structure of the Disability Action Council of Cambodia
- Water pump repair class, Pursat, 1999
- Trainees need help to use a steep access ramp at MPPJ Tower, Petaling Jaya
- Trainees measure a ramp’s gradient to see whether it complies with Malaysia’s
Code of Practice and Guidelines
- Samarthya members conduct an access audit of Dilli Haat
- Samarthya group members on a tour to Solan, Himachal Pradesh
- Gujarat Integrated Education Project growth, 1981-1990
- Gujarat Integrated Education Project growth, 1991-2000
- Group of visually impaired trainees learn how to give traditional Thai massage
- Quezon City - licensed physical therapist supervises interns in the management of
therapy for children with disabilities, with their parents at their side
- The Fighter: Al-al - radiant in his victory against disability
- Lovely practices her painting, Savar, Dhaka
INTRODUCTION
The Asian and Pacific Decade of Disabled Persons, 1993-2002, was proclaimed by the
Economic and Social Commission for Asia and the Pacific through resolution 48/3 of 23
April 1992. To achieve full participation and equality, which are the goals of the Decade,
the Agenda for Action for the Asian and Pacific Decade of Disabled Persons was adopted by
resolution 49/6 of 29 April 1993.
Since the inception of the Decade, ESCAP has been conducting reviews of the progress in
achieving the goals of the Decade, in particular, the implementation of the Agenda for
Action for the Asian and Pacific Decade of Disabled Persons. The 73 targets for the
implementation of the Agenda for Action were adopted at the Meeting to Review the Progress
of the Asian and Pacific Decade of Disabled Person, held at Bangkok in July 1995. A review
of progress was again undertaken by the Meeting of Senior Officials to Mark the Mid-point
of the Decade, held at Seoul in September 1997. In November 1999, a regional forum
reviewed, revised and strengthened the targets. It adopted 107 strengthened targets for
action for the Decade.
The Agenda for Action and the strengthened targets have become effective tools for
Governments in the ESCAP region to guide their policies and the implementation of
programmes concerning persons with disabilities. The multisectoral approach, which is
reflected in the 12 policy categories in the Agenda for Action, has been well accepted by
Governments of ESCAP members and associate members. The 12 policy categories specified in
the Agenda for Action include:
• National coordination
• Legislation
• Information
• Public awareness
• Accessibility and communication
• Education
• Training and employment
• Prevention of causes of disability
• Rehabilitation (community-based rehabilitation, and health and social
development)
• Assistive devices
• Self-help organizations
• Regional cooperation
The Asian and Pacific Decade of Disabled Persons will end in December 2002. Toward its
conclusion, a regional exercise to measure achievements during the Decade has begun. In
assessing its achievements, there is a need to look and see what changes have taken place
in the lives of people with disabilities in the Asian and Pacific region. Quantitative
data on the number of national coordination committees on disabilities formed, legislation
passed, the number of children with disabilities in school and young adults in employment
are important but they may not convey the essence of what the Decade has achieved for an
individual, a family or a community. The main purpose of the case studies presented in
this publication is to bring to life some of these changes.
This publication is also expected to provide an avenue for sharing ideas and
experiences and for disseminating examples of good practice towards the achievement of
full participation and equality of persons with disabilities. The case studies are based
on documents contributed by Governments and non-governmental organizations, a United
Nations specialized agency and self-help groups and organizations of people with
disabilities. The experiences described reflect actions taken towards the achievement of
equal opportunities and full participation of people with disabilities in the policy areas
covered by the Agenda for Action. Noticeably, some of the case studies presented reflect
action that addresses more than one of the policy categories, reflecting the inter-related
nature of the activities undertaken. The case studies cover the policy categories of
national coordination; legislation; public awareness and accessibility; education;
training and employment; prevention of causes of disability; rehabilitation, including
community-based rehabilitation and health and social development; and self-help
organizations. Examples of good practice have been presented from Bangladesh; Cambodia;
Hong Kong, China; India; Malaysia; the Philippines; Thailand and Viet Nam. It is expected
that in a second publication more case studies will be solicited under all 12 policy
categories of the Agenda for Action. Although each case study is set within a specific
social and cultural context, the processes described and the lessons learned should have
value across cultural and national boundaries.
It is hoped that the significant achievements of the Asian and Pacific Decade of
Disabled Persons, 1993-2002, some of which have been described in this publication, will
form a sound basis for continued progress towards achieving the equalization of
opportunities and full participation of people with disabilities in all aspects of the
development of the societies in which they live.
ESCAP wishes to thank those who have contributed examples of good practices. This
publication will be disseminated to commemorate the conclusion of the Decade. Its title is
“Pathfinders” because the subject of each case study is a pathfinder who is
making a new path or showing a new direction in the promotion of the full participation
and equality of persons with disabilities beyond the Asian and Pacific Decade of Disabled
Persons.
NATIONAL COORDINATION AND LEGISLATION
I. OVERVIEW OF NATIONAL COORDINATION AND LEGISLATION
The establishment of a national coordinating body on disability frequently marks the
point at which disability ceases to be viewed by that society as simply a welfare issue,
or the concern of charitable organizations. Recognition of the right of people with
disabilities to equal opportunities and full participation in all aspects of social and
community life mandates a multi-sectoral approach to disability issues and concerns and
their integration into mainstream development initiatives. Representation must include all
concerned ministries, departments and governmental agencies, as well as substantial
representation of relevant nongovernmental agencies (NGOs). Of necessity this must include
self-help organizations of disabled people.
The case studies presented from Bangladesh and Cambodia indicate clearly that the
initial impetus for the formation of national coordinating bodies may come from
Government, as in Cambodia, or from the NGO sector, as in Bangladesh. What is important is
that all parties work together to ensure that disability policy is developed and
implemented, the passage of disability legislation promoted, and adequate resources for
sustainability achieved. Both case studies report activities addressing multiple target
areas of the Agenda for Action and coordination of an expanding network of disability
concerned agencies. A key outcome was the increase in public awareness of disability
issues and, most significantly, the increase in awareness of disabled people themselves of
their rights and possibilities for development. Significant in both countries was the
extension of concern to reach people with disabilities in rural, remote locations and in
poor circumstances.
Legislation, in order to be effective, must be passed with an in-built implementation
and enforcement mechanism to protect the rights of people with disabilities, including
women and children and people with intellectual disabilities; to promote affirmative
action in their favour and to eliminate discriminatory practices and architectural, social
and communication barriers. The case study from Hong Kong, China, exemplifies legislation
that, in its implementation, has the capacity to eliminate discrimination against people
with disabilities. A significant feature of this case study was the detailed description
of the measures taken to ensure wide public education and awareness concerning the
legislation, a crucial element in its effective implementation.
II. THE NATIONAL DISABILITY FORUM OF BANGLADESH [1]
A. The nature of the problem
The National Forum of Organizations Working with the Disabled (NFOWD) in Bangladesh was
formally established in 1991. It was established within the context of a country
struggling with a population of 110 million, extreme poverty, low levels of education,
poor standards of health, high rates of unemployment and limited resources. Historically,
development issues were addressed by myriad non-governmental organizations (NGOs), more
than 2000 funded by foreign donor agencies, and an even greater number of local
organizations. Although innovative and effective, and working with credibility at
grass-roots community level in many areas, they suffered from inadequate and uncertain
resources and limited geographical coverage, and lacked a comprehensive focus and
coordination.
Although the estimated population of people with disabilities was in excess of ten
million, the issue of disability was almost completely neglected by both government and
nongovernmental agencies. Where issues concerning disability were addressed it was within
the framework of welfare and charity, seen as a separate issue which could only be
addressed by specialized organizations, and having no place in the mainstream development
agenda. There was no public awareness or concern with the situation of people with
disabilities in the community and Bangladesh had not yet formulated disability legislation
or policy. Disability data were fragmented and inconsistent, skilled human resources were
severely limited, particularly in the rural areas, and disability was a low priority area
for foreign aid donors. Lack of coordination of the limited resources available resulted
in services that were primarily institutional and limited to urban areas. The needs of the
majority of disabled persons throughout the country were ignored and unmet.
Limited government attention to issues concerning disability included the establishment
of the Bangladesh National Council for the Blind, under the Ministry of Health. The focus
was on prevention and cure with limited attention to the rehabilitation and education of
blind persons in the community. In the 1980s limited initiatives were established between
the Ministry of Social Welfare and the Department of Social Services and some NGO agencies
working in the disability sector, but the lack of coherent planning, cooperation and
coordination prevented this becoming an effective partnership. A coordinating organization
of development NGOs was formed under the Association of Development Agencies in Bangladesh
(ADAB) but disability issues were not a priority. This highlighted the need for a national
coordinating body for NGOs working in disability, and was the stimulus for the founding of
the National Forum of Organizations Working with the Disabled on 3 February 1991.
B. Main features of the organization
The National Forum is the leading national level coordinating body of NGO agencies
working on disability issues in Bangladesh. It is registered with the Department of Social
Services and the NGO Affairs Bureau of Bangladesh. With an initial membership of 22 member
organizations, it now has a membership of 138 organizations. The National Forum has a
two-tier structure, with a General Body and an Executive Committee. The General Body
comprises representatives of all member organizations and is the supreme authority in
respect of policy and decision-making. The Executive Committee is elected for two-year
terms and is responsible for the operation and management of the forum. It is supported by
professionals and officials of the National Secretariat located in Dhaka.
The objectives of the National Forum are:
• To uphold and safeguard the rights and interests of persons with disabilities;
• To advocate to government to protect the rights of persons with disabilities;
• To advocate to government to develop national policy and enact legislation on
disability;
• To motivate and coordinate with government and non-government policy planners
and decision makers, political and social leaders to initiate appropriate and effective
programmes to ensure equal participation of persons with disabilities in all national
development programmes and activities;
• To promote collection and appropriate use of disability information and
statistics;
• To strengthen networking capacity and activity concerning disability-related
issues;
• To develop disability-related human resources skills in organizations working
with persons with disabilities;
• To facilitate capacity-building and institutional efficiency of member
organizations;
• To promote mass public awareness on disability issues.
The key strategy of the National Forum is to create linkages between strategic agencies
and interventions operating at both macro and micro level. This is achieved by forming
“initiative groups” within the forum to facilitate and coordinate issue-based
interventions at different levels. The initiative groups are assigned to develop
conceptual frameworks and strategic plans for action and intervention in specified areas.
They are composed of a pool of experienced resource people and professionals from member
organizations. They undertake appropriate and effective planning to determine areas of
specific need, and appropriate modes of response, that will result in effective
intervention. The issues are addressed cooperatively with all concerned government and
non-government agencies, by means of workshops, seminars, dialogues and discussions held
at different levels. Activities engaged in include advocacy, public awareness campaigns,
including the celebration of special national and international days of disabled persons,
and issue-based discussions with authoritative bodies. Topics currently being addressed by
initiative groups include community-based rehabilitation (CBR) initiatives, national
coordination, disability policy and legislation, and inclusive education (see figure 1).
The essence of the work of the National Forum involves the development of cooperative
and collaborative partnerships. The core partners are the member organizations. Their
involvement in disability-related interventions generates subsequent linkages with many
agencies operating at different levels and in a wide variety of areas. These partners
include government ministries and departments, national and international organizations,
funding agencies, professional organizations and individuals, and resource and support
agencies. As disability is a cross-cutting issue it demands incorporation into development
networks and forums on such other issues as education, gender and income generation.
Figure 1. The programme intervention methodology of the National Forum
The National Forum has also established formal partnerships with different government
committees and bodies, including the National Coordination Council, the Government
Organization-NGO Coordination Committee and National Disability Foundation.
C. Achievements
Since its inception in 1991 the National Forum has adopted a broad focus and addressed
a wide spectrum of issues concerning the well-being of persons with disabilities.
Bangladesh signed the Proclamation on the Full Participation and Equalization of
Opportunities of People with Disabilities in the Asian and Pacific Region in 1993, and the
work of the National Forum has been strongly guided by the Agenda for Action for the Asian
and Pacific Decade of Disabled Persons, and the 12 target policy areas. The activities and
achievements of the National Forum have been presented under these policy headings:
1. National coordination
The National Forum has been involved in a proactive cooperative and consultative role
with government on disability issues related to legislation, policy, planning and
implementation strategies. It has included the celebration of national and international
disability events, and the organization of national and international workshops and
seminars on disability issues. It has facilitated the inclusion of persons with
disabilities in staff recruitment and training and in national development initiatives. It
has provided technical and management support to the Government of Bangladesh in
developing and updating national policy. The National Forum played an active role in
mobilizing and activating the National Coordination Council (NCC) and is currently engaged
with Government in the process of reforming the Council. The structure and function of the
NCC has been mandated in recently enacted disability legislation. This should result in
the NCC being more active and committed, and in a position to function more effectively to
carry out the defined responsibilities of the agency.
The National Forum has played a significant role in the achievement of having
information on disability incorporated into the national census that was completed in
2001. This involved advocacy and technical advice to the Ministry of Social Welfare and
the National Census Board. It is clear that improvement is needed to ensure that the
process is more systematic, but disability information is now included in national census
data collection processes.
The National Forum has initiated dialogue with the Electoral Commission, which resulted
in the issuing of a government circular to all local government authorities, requiring
them to pay due attention to processes which would assist in the casting of votes by
disabled people. This was accompanied by a media campaign on national television and
satellite channels to draw attention to this issue, and to inform people with disabilities
about their rights to vote.
The International Day of Disabled Persons has been regularly observed in Bangladesh. In
1999, the National Forum negotiated successfully with the Government to initiate a
National Day for Disabled Persons, celebrated in April each year. The impetus for this
action was the realization that, late in the Decade, many targets of the Agenda for Action
for the Asian and Pacific Decade of Disabled Persons were unmet. It was hoped that raising
the profile of disability issues would focus attention on the unmet needs and harness the
will to address them. The observance of these two days occurs at all levels from the grass
roots to the national level, and receives wide media coverage.
The National Forum developed the concept, and advocated strongly to Government, for the
formation of a National Disability Foundation to support the work of NGOs in the area of
disability in development. The NGOs in Bangladesh have been heavily dependent on foreign
aid for support for their work. The Foundation has been initiated with a considerable
financial contribution from Government, and will receive annual contributions. The
Foundation will support initiatives and programmes on disability issues.
In 1999 the National Forum initiated the joint publication of a Mid-Term Review Report
of the situation in Bangladesh concerning the achievements of the targets of the Agenda
for Action of the Asian and Pacific Decade of Disabled Persons. The National Forum had
expressed concern about the uncoordinated nature of activity in the disability sector, and
the lack of documentation of progress. It was further concerned at the lack of
participation of representatives from Bangladesh in the activities and meetings of the
Economic and Social Commission for Asia and the Pacific (ESCAP) in implementation of the
Asian and Pacific Decade. The National Forum expressed the urgent need for proper
documentation and reporting of activities carried out, and an analysis of the current
situation. They also saw the necessity to assess the areas of need identified by the unmet
targets and to clarify the challenges for the future in terms of the Agenda for Action and
the overall needs of the country in the disability sector. A comprehensive report was
produced and printed, in collaboration with the Government and non-government agencies in
the country. The report was presented at the ESCAP review “Meeting the Targets of the
Asian and Pacific Decade of Disabled Persons and Equalization of Opportunities for Persons
with Disabilities in the ESCAP Region”, held in Bangkok, 22 to 24 November 1999. The
report was widely disseminated nationally and internationally.
2. Legislation
The National Forum, with the support of its member organizations, submitted the first
draft of disability legislation to the Government of Bangladesh in 1996, to ensure the
protection of the rights of persons with disabilities and to promote equal rights and
opportunities for their full participation. A workshop was organized in 1996 to review the
draft legislation. The workshop was attended by the Deputy Leader of the Parliament, the
Secretary, Ministry of Social Welfare, and the Director General, Department of Social
Services. Different aspects of the legislation were widely shared and analysed. The draft
legislation was placed before the Deputy Leader of the Parliament, with copies to all
members of Parliament, in December 1996 on the occasion of Universal Human Rights Day. The
bill to pass the legislation was finally enacted in the session of the parliament on 4
April 2001, the National Day for Disabled Persons in Bangladesh. The legislation addresses
the protection of the rights of persons with disabilities, prohibits abuse and neglect;
mandates equal opportunity for participation of persons with disabilities in education,
training and employment; provides for tax relief and subsidies; provides exemption of
custom duties for disabled persons and their families on imported assistive devices;
promotes elimination of architectural, physical and logistical barriers, thus facilitating
access to the built environment, transport and the work environment; and calls for
dissemination of information on the legislation.
3. Information and public awareness
The National Forum has placed particular emphasis on the assimilation, analysis and
dissemination of disability information to many concerned disability organizations and has
supported the initiatives of its member organizations in the information assimilation and
dissemination process. Activities have included those noted below:
• A directory of organizations on disability issues was developed. This was
developed in collaboration with ActionAid Bangladesh and the Ministry of Social Welfare.
The National Forum has taken the initiative to update the directory annually, thus
providing comprehensive, accurate information on national disability resources and service
availability.
• The National Forum has regularly published issue-based communications for
national sensitization and advocacy initiatives on disability matters. This has had an
impact in developing positive and informed attitudes on disability issues and ways to
address disability needs. The National Forum has also produced informative material on
disability issues for publication in journals and in concept papers.
• The National Forum has worked actively to achieve wide coverage of disability
issues in the mass media, and has organized mass media based public awareness campaigns,
public demonstrations and issue-based campaigns at many levels. Documentaries, magazine
shows, case studies and informative spots have been presented, frequently without cost.
• National newspapers have been motivated to give prominent coverage to national
and international disability affairs.
• The National Forum has played a key role, in collaboration with government and
non-government partners, in celebrating important disability events such as International
and National Disabled Persons’ Days, White Cane Safety Day and other special events
for persons with disabilities and the community as a whole.
4. Accessibility and communication
The Government has approved a Building Construction Code incorporating features
necessary to ensure access of persons with disabilities, but there is as yet limited
enforcement of the codes. The issue of accessibility is receiving increased attention and
it is hoped that strong advocacy from the NGO disability sector will result in the
necessary commitment from Government to pass amendments to the existing codes to ensure
the inclusion of accessible features in all new construction. The National Forum plays an
active role in promoting awareness of the codes and compliance with them. Achievements
have included accessibility in some public places, with ramps installed at national
monuments, auditoriums, markets and high-rise buildings. National level seminars and
workshops have been organized by the Forum, in association with the Ministry of Social
Welfare, to expand awareness of accessibility issues. These have been attended by
architects, government employees, and NGO and media representatives.
5. Education
Bangladesh has been committed to the attainment of “Education for All” but,
as has been the case in so many other countries in the region, this goal has not been
achieved, although both formal and non-formal education have been strengthened and the
overall literacy rate has increased. This has been achieved primarily through a policy of
rapid increase in non-formal education programmes, funded in partnership with development
agencies such as the Asian Development Bank. The Total Literacy Movement (TLM) is being
implemented in all districts. In spite of these very positive initiatives, the educational
needs of children with disabilities have not been significantly improved. Access to
educational opportunity for these children is limited, particularly in rural areas.
Teacher training does not address the issue of teaching children with disabilities and
there is a lack of materials and equipment.
The National Forum has advocated strongly for access to education for children with
disabilities. The influence of the Forum and the support of the member organizations has
resulted in an increase in the number of projects and programmes developed to provide
literacy and education to disabled children, and the enrolment rate of children with
disabilities in education is increasing. The National Forum has taken a leading role in
promoting the concept of inclusive education as a solution to the problem of improving
access to education for disabled children. In order to promote this concept the National
Forum has identified Inclusive Education as the theme of the National Day for Disabled
Persons in 2001. Programmes have been planned and are being implemented in rural and urban
areas throughout Bangladesh at the local and national level.
6. Training and employment
Many NGOs are actively engaged in providing vocational training and skill development
for self-employment and income generating activities for persons with disabilities. Other
agencies are engaged in the training of trainers who will carry out this work in local
communities, strengthening the capacity of the NGOs. This training may increase skills in
the identification, prevention and rehabilitation of persons with disabilities, increasing
their opportunities to become independent within their communities. The National Forum
frequently acts as a coordinating agency, creating links between member organizations and
resource and training agencies.
7. Rehabilitation
The effectiveness of community-based rehabilitation (CBR) as a specific strategy for
implementing rehabilitation activities in local communities has long been promoted in
Bangladesh. It received increased impetus and wider acceptance from the emphasis on this
approach in the Agenda for Action for the Asian and Pacific Decade of Disabled Persons.
CBR programmes are being implemented across the country by both government and
nongovernment agencies. In 1997 the National Forum, in collaboration with the Ministry of
Social Welfare, organized the Second South Asian Conference on Community-Based
Rehabilitation (CBR) for the Disabled with the theme of ‘CBR for the Disabled: Today
and Tomorrow’. The conference was held in Dhaka, Bangladesh and was attended by 350
representatives of government and non-government agencies, as well as persons with
disabilities, from Bangladesh, India, Nepal, and Sri Lanka. The conference was opened by
Her Excellency, the Prime Minister of Bangladesh. The Dhaka Declaration was adopted,
supporting the continued implementation of the Agenda for Action of the Asian and Pacific
Decade of Disabled Persons and supporting the expansion of CBR initiatives to promote the
full participation and equal opportunities of persons with disabilities in Bangladesh.
8. Regional cooperation
The National Forum has played a significant role in organizing workshops, seminars, and
conferences within Bangladesh, and participating in similar activities within the region
to promote the sharing of ideas, concepts, knowledge and experience. Contributions have
been made to publications, journals and newsletters to facilitate wide dissemination of
information. These networking and cooperative activities have been undertaken jointly by
the National Forum and government agencies concerned with disability issues.
The National Forum has recently engaged in some new initiatives. It has joined a
network established to facilitate inclusion of the concerns of children with disabilities
in the focus of the Convention on the Rights of the Child. It has also developed a
sustainable mechanism to strengthen the coordination between organizations working on
disabilityrelated issues and organizations of self-help groups. The National Forum has
also advocated to funding agencies to increase their attention to the initiatives of
non-government agencies working on disability issues.
The National Forum has played a significant role in ensuring that disability is
included as a development issue in Bangladesh. It has worked ceaselessly to increase the
attention given to disability issues at all levels of government, and at non-government
and international agency level as well. Development agencies have accepted the importance
of disability issues and are now increasingly addressing the needs of disabled persons in
development projects. The National Forum has played an important role in coordinating this
activity and has extended its networks throughout the South Asian sub-region.
D. Key lessons learned
• Disability must be addressed as a development issue, addressed within mainstream
development initiatives, and not as a separate segregated issue. In order to achieve this
there must be effective collaboration and coordination of all sectors involved from
grass-roots to national level. This has been the role of the National Forum, acting as the
national coordinating mechanism. Where appropriate, particular disability issues have been
integrated into mainstream development networks such as Education for All (EFA).
• Disability development work requires trained human resources. The National
Forum has played a key role in linking development agencies with disability training
institutions to increase their capability to deliver effective services to people with
disabilities.
• International mandates and conventions provide guidance and tools to promote
disability development at the national level. The Asian and Pacific Decade of Disabled
Persons, with its Agenda for Action and specific targets, has provided a blueprint for
action and clear objectives for the achievement of equality and full participation of
people with disabilities in Bangladesh. The National Forum has used the Decade mandate to
advocate to and guide government and nongovernment agencies to promote disability
development.
• The National Forum, with access to the extensive disability expertise of its
member organizations, has assumed a leadership role, advising and collaborating with
government on developing a rights-based approach to policy, and in the planning and
implementation of disability initiatives.
• The National Forum has limited its role to national level coordination and
creation of networks to link agencies concerned with disability development. It has not
attempted to enter into the field of service provision but has worked to promote and
facilitate the activities of its member organizations.
E. Sustainability
The growth of the National Forum from a membership of 22 organizations to 138, with a
waiting list for potential members, clearly indicates the relevance of its vision and
mission to its member organizations. Subscription-based, the organization has demonstrated
a capacity to generate funds to increase the range and extent of its activities. The
growing reputation of the National Forum has resulted in an increased capacity to obtain
funding from the donor community, which has in turn allowed the National Forum to expand
existing interventions and embark on new areas of activity. A respected partner in
disability development, the National Forum is an active member of many government and
national committees. It receives extensive financial support from government that enables
it to develop long-term plans and strategies.
The National Forum works in close partnership with both government and nongovernmental
agencies, operating in many capacities that include advocacy and coordination. This model
of good practice can be used as an example to guide the establishment of an effective
coordination mechanism in other countries of the region which share a similar political,
economic, social and development context.
The rapid and continuing expansion of the National Forum within Bangladesh has taken
place over a decade. It is clear from its current engagement with networks and forums
outside the country that its influence will continue to expand within the region.
III. THE DISABILITY ACTION COUNCIL OF CAMBODIA [2]
A. The nature of the problem
Cambodia’s tragic and recent history of war has left it with the highest
proportion of disabled people in the world. It has also left it without the full economic
and social contribution of many of its citizens. The indiscriminate use of land mines by
fighting factions during the country’s internal conflict caused losses among both the
military and civilian population, and continues to do so. In 1999, decades after the end
of fighting, Handicap International’s Annual Report stated that around 80 new mine
victims were still being reported each month.
Between two and three per cent of the population – between 200,000 and 300,000
people – have physical disabilities. Approximately 40,000 to 50,000 are landmine
survivors, many of them young men and women in their most productive years. About 60,000
persons have paralysis as the result of polio – a disease all but eradicated in the
developed world. A further 100,000 people are blind and 120,000 are deaf [3] .
The high prevalence of disability within Cambodian society is a result of three
factors:
• The past war casualties;
• The permanence of risks related to mines;
• The lack of prevention or primary care for various disabling diseases.
In 1996 a task force was established to assess the situation of people with
disabilities in Cambodia. In a review of the situation it had become evident that projects
and programmes addressing the needs of disabled people were inadequate and inequitable,
and unsustainable in financial, technical and managerial terms. It was also clear that the
enormous needs of disabled children and adults would grow even further in coming years,
and it was anticipated that the gap between actual services and services needed would
become even wider.
Some of the major problems identified included:
• A lack of services and programmes in remote and rural areas, which have the
greatest concentration of disabled people, including those who have sustained landmine
injuries;
• Services offered were not addressing the needs of people with all types of
disabilities;
• A lack of data on the numbers of people with disabilities, as well as
qualitative information on their situation in Cambodian society;
• A lack of technical and financial resources needed to provide adequate services;
• A long-term strategic plan for the disability and rehabilitation sector had not
been formulated;
• Very limited employment and income generating opportunities for people with
disabilities;
• A lack of legislative and enforcement instruments to protect the rights of
persons with disabilities;
• Government had paid little attention to the needs of disabled people and had
allocated very limited financial resources to this sector.
A fundamental problem was the lack of knowledge, expertise and trained human resources
in the area of disability. The technical expertise, credibility and capability needed to
develop a national plan on disability and to implement, monitor and evaluate it were
lacking. This problem extended throughout government and non-government agencies,
communities and individuals. Lack of coordination and cooperation between the many
agencies working in the field of disability and rehabilitation had imposed serious
constraints on the development of the sector.
In response to this situation a Ministry of Social Affairs, Labour and Veterans Affairs
(MSALVA) task force recommended the establishment of the Disability Action Council (DAC).
The Disability Action Council is a semi-autonomous national coordinating body, with
representatives from government, non-government organizations, international agencies and
individual members who are committed to the work of the Council in promoting the
development of disabled persons in Cambodia. It has the mandate and the neutrality to
undertake this vitally important coordinating role, and to promote the collaboration and
cooperation of all key participants working in the field of disability and rehabilitation.
B. Main features of the organization
The guiding principle of the Disability Action Council is to promote the rights of
disabled persons to full participation and equality in Cambodian society. The
Council’s role is to work hand in hand with all groups working with people with
disabilities, and at the same time to serve in a professional advisory capacity the
Cambodian Government’s policy makers and legislators. The aim is to bring together
government, national and international organizations, business, religious and local
community leaders, and people with disabilities, to develop, implement, monitor and
evaluate a national plan on disability issues.
The goals of the Disability Action Council are:
• To promote and encourage the development of policy recommendations including
policy coordination, planning, monitoring of programmes, information utilization and
dissemination, research and training;
• To review and evaluate on a continuous basis all existing policies, programmes
and activities concerning people with disabilities, and to improve and extend services to
areas previously unreached;
• To play a key role in the further development and implementation of a
comprehensive national plan and in the development of national policy and legislation on
disability and related issues which will serve as the basis of a network of services that
can benefit all people with disabilities within their communities;
• To promote the participation of people with disabilities in all activities and
to strive to remove the obstacles and inequalities they face, and to do this through
awareness raising activities and advocacy;
• To encourage and facilitate national and international exchanges of experience
on disability issues;
• To advocate for, and participate in, the allocation of resources to improve the
living conditions of people with disabilities;
• To encourage the creation and strengthening of organizations of people with
disabilities;
• To forge links with decision makers in all relevant sectors and at all levels,
in order to promote effective coordination of policies, programmes and activities
concerning people with disabilities;
• To re-evaluate, on a regular basis, the Disability Action Council’s
structure and function in order to ensure its continued relevance and effectiveness (see
figure 2);
• To establish and promote a comprehensive monitoring and evaluation system to
ensure that all programmes and services in the disability sector are reviewed and assessed
to determine their impact and effectiveness;
• To initiate a dialogue among concerned individuals and organizations to ensure
that policy development is undertaken in a participatory manner and is appropriate to the
Cambodian context;
• To implement and develop appropriate communication networks between the
Council, the secretariat, the technical and specialized committees and working groups,
the concerned ministries, national and international organizations, and donor agencies.
Figure 2. The structure of the Disability Action Council of Cambodia
C. Achievements
Since its establishment in 1995 the Disability Action Council has become one of the
largest cooperative organizations in Cambodia, with 35 government and non-government
organizations under its umbrella. The Council has made significant contributions to
developments in the areas of disability and rehabilitation. Positive changes have taken
place since the Council was established, through the actions of the secretariat and the
advisory, technical and specialized committees and working groups, and by means of
collaboration with many partners working in the disability field in Cambodia. There has
been improved coordination of services and programmes for people with disabilities among
the relevant service delivery agencies, and services are reaching more disabled people,
particularly in remote areas.
Some of the major achievements of the Council include the development of a draft plan
of action and draft legislation. The law will contribute to developing a policy framework
and guidelines for inclusion and integration of people with disabilities into mainstream
development programmes, including education, vocational training and employment. The aim
of the draft law is to ensure the protection of the rights of all people with disabilities
and prohibition of abuse, neglect and discrimination. It is hoped that this legislation
will be enacted, widely disseminated and effectively enforced.
The national Cambodian Plan of Action for the Disability and Rehabilitation Sector is
also in draft form. It is currently being developed with input from government agencies
and non-government organizations, with the process coordinated by the National Council. It
is hoped that the implementation of the national plan will see the integration of people
with disabilities into the mainstream of social and economic development. It will also
reveal sector-wide needs that will assist in attracting additional funding. It will work
to improve service coordination, minimize overlapping and duplicated services, and to
extend services to more remote geographical areas.
An Income Generation Project was initiated in August 2000. The project’s aims are
two-fold – to help coordinate and extend existing income generation activities for
people with disabilities and to develop a plan and funding proposal for a coordinated,
nationwide economic development and income generating programme for people with
disabilities.
Previous income generating activities of the Council included helping to facilitate
links between its affiliated members and a marketing representative in Australia. The
Council also assisted carpentry trainees at Maryknoll’s Wat Than Skills Training
Centre to win a commercial contract from the World Food Programme to produce 6000 pallets
for distribution, providing the staff and trainees of the production workshop with about
five months work.
Through affiliated member organizations such as the Cambodian War Amputee
Rehabilitation Society (CWARS), the Council also provides a number of skills enhancement
classes such as a six-month sewing class (trainees are given their own sewing machines and
taught mattress and clothes making) and a six-month motorcycle repair and maintenance
class which provides excellent income opportunities for trainees. On completion, trainees
receive all the necessary tools to set up their own workshop. In a hairdressing course,
graduates are given all necessary equipment to set up their own salon, including scissors,
combs, rollers, cosmetics and even a hair dryer that runs off a 12-volt battery. This
class is very popular and provides a good income generating opportunity.
With funding from the World Rehabilitation Fund, the Council has initiated a Public
Awareness Programme, in place since September 2000. The programme goals are to assess
current activities on disability awareness, identify gaps, provide coordinating services,
and develop a national strategic plan for a disability awareness programme in Cambodia. To
help with public awareness the Council is also negotiating with Khmer and English
newspapers to establish a regular column concerning disability issues in their papers.
Figure 3. Water pump repair class, Pursat, 1999
Other achievements include the instigation of a database programme in three provinces
– Kampung Speu, Battambang, and Bantey Meanchey. The main task of the survey is to
provide accurate baseline demographic data to be used in the formulation of service
information, resource centres and a field manual.
The Council has also established a number of working groups that meet regularly. One
such group is the Physical Rehabilitation Committee Working Group that is currently
meeting on a regular basis to focus on a work plan to develop services (prosthetics,
orthotics, wheelchairs and physiotherapy) available at the Provincial Rehabilitation
Centre as well as discussing the role of health care professionals, and ways to develop
links with other health service providers.
Funds have been secured through the Council for a new initiative to provide
community-based care (group homes) for orphaned or abandoned children with disabilities.
The project is being jointly administered by DAC and the NGO Youth With a Mission (YWAM).
In partnership with the Ministry of Education, Youth and Sport (MOEYS), DAC is also
responsible for coordinating a project to develop education opportunities specific to the
needs of children with disabilities. The aims of this project are to promote the life of
children with disabilities to be free of discrimination; to promote their right to good
education and to fully participate in the society; the development of training and
teaching materials for children with disabilities; and policy development in the area of
education for children with disabilities. This project is supported by United Nations
Children’s Fund (UNICEF), the Nippon Foundation and United Nations Educational,
Scientific and Cultural Organization (UNESCO).
The Council has worked hard to develop and improve relationships among donor agencies,
government and non-government organizations, as an increase in resource allocation to the
disability sector is essential. The Council has provided important advice and information
to new organizations willing to implement programmes in the disability sector, and has
encouraged them to become affiliated members of DAC. The Council has focused on building
national human resource capacity in the area of disability, and has taken steps to ensure
that people with disabilities are included in the planning processes of government
ministries and community based programmes. Sharing of experiences, information and good
practices has been actively encouraged among the many partners of the Disability Action
Council.
One of the key achievements of the Council has been the development of a close
relationship with the Cambodian Disabled People’s Organization (CDPO). This has
ensured that the voice of people with disabilities is incorporated into all planning and
activity of the Council, including the development of draft legislation on the rights of
people with disabilities. The CDPO is an affiliate member of the Council, and has a major
role on the Executive and Advisory Committee as well as membership on most specialized and
technical committees.
D. Key lessons learned
• Legislation is necessary to protect the rights of people with disabilities, and
it must be enforced, in order to eliminate discrimination.
• Strong ongoing and widespread advocacy is necessary to develop positive
attitudes to people with disabilities and to raise public awareness about their concerns.
This needs to be directed at policy makers, government and nongovernment organizations as
well as the general public and people with disabilities themselves.
• A national plan is essential to prevent both overlap and gaps in services, and
to ensure coordinated development of services that reach disabled people in all parts of
the country, including the remote and rural areas. This is also necessary to ensure that
particularly disadvantaged groups, such as women and children with disabilities, are not
neglected in the planning and implementation process.
• Government commitment to disability development must be achieved. The government
has crucial control of resource allocation, and strong advocacy may be needed to achieve a
larger budget allocation for long term investment in the development of social services.
• Accurate data are needed to make realistic plans. Workers who collect disability
data need to be trained, to avoid severe under-estimation.
• Identification of priority areas for action is important. One of the most severe
problems faced by people with disabilities is their lack of access to jobs and income
generation opportunities.
E. Sustainability
The Disability Action Council is a semi-autonomous body, established by Government, as
a demonstration of government commitment to disability development in Cambodia. The
structure of the Council mandates partnership with all the key stakeholders, including
national and international non-government and donor agencies working in the disability
field. These collaborative partnerships strengthen the Council, and result in better
planning and use of resources. New organizations and agencies strengthen the Council and
ensure that it remains widely representative of disability interests throughout the
country.
The strong partnership between DAC and the Cambodian Disabled People’s
Organization ensures that people with disabilities are actively involved in all
decision-making concerning disability issues, and that their voice helps to determine
policy direction and action taken by the Council.
IV. ELIMINATING DISCRIMINATION THOUGH LEGISLATION IN HONG KONG, CHINA [4]
A. The nature of the problem
Basic economic, social and cultural rights of people with disabilities are not upheld
in many societies. This results in discrimination against them in terms of the right to
employment, access to regular education, participation in community activities and access
to community facilities. Discrimination may be direct or indirect. Some of the reasons for
this are noted below:
• Members of the public do not accept people with disabilities because they do not
understand disability and have misconceptions about it.
• Many facilities are not accessible to people with disabilities because no
consideration is given to their special needs when buildings, transport and infrastructure
are in the design stage.
• The special needs or special situations of people with disabilities are not
taken into account in the formulation of policies, systems and measures, which means that
people with disabilities cannot benefit from them. This may result in marginalization.
• For historical reasons, people with disabilities have not had equal
opportunities.
They have been disadvantaged in areas such as access to education, knowledge and
skills, and financial well-being.
In Hong Kong, China, before 1995, people with disabilities faced significant
discrimination in various areas of their lives. In some cases this extended to harassment.
The law provided little protection against discrimination and did not guarantee equal
opportunities to people with disabilities. Incidents demonstrating discrimination included
organized protests from residents of private housing estates in Hong Kong, in 1992 and
1993, attempting to prevent the establishment of a resource centre for parents of children
with Downs’ Syndrome, a hostel for people with intellectual disabilities, and an
activity centre for people who were recovering from mental illness.
B. Main features of the Disability Discrimination Ordinance
To address the serious problem of harassment and discrimination, the Government of Hong
Kong, China decided that there was a need to enact anti-discrimination legislation. The
Disability Discrimination Ordinance (DDO) was enacted in 1995. In drafting this
legislation the circumstances in Hong Kong, China were take into account, and reference
drawn from anti-discrimination legislation passed in Australia in 1992.
The objectives of the Disability Discrimination Ordinance are as follows:
• To eliminate discrimination against persons, on the grounds of disability, in
the areas of employment, accommodation, education, access to premises, partnerships,
vocational training, clubs and sporting organizations; the provision of goods, services
and facilities; the performance of government functions and the exercise of its powers;
• To ensure, as far as practicable, that persons with disabilities have the same
rights before the law as the rest of the community;
• To promote recognition and acceptance within the community of the principle that
persons with disabilities have the same fundamental rights as non-disabled persons.
The Disability Discrimination Ordinance contains provisions to cover discrimination on
the grounds of disability. In addition it contains provisions protecting people with
disabilities from harassment or vilification on the grounds of their disability. The
legislation does not impose requirements on employers, developers, service providers and
others to provide more jobs or better facilities for people with disabilities. Rather, the
legislation makes it unlawful for disabled people to be treated less favourably than
others, on account of their disability, in circumstances that are the same or not
materially different. The legislation thus protects the rights of such persons not to be
discriminated against, rather than requiring the general provision of services to meet
their needs.
The Disability Discrimination Ordinance includes a very specific definition of the
meaning of the word “disability”. It includes:
• Total or partial loss of the person’s bodily or mental functioning;
• Total or partial loss of a part of the body;
• The presence in the body of organisms causing disease or illness;
• The malfunction, malformation or disfigurement of a part of the person’s
body;
• A disorder or malfunction that results in the person learning differently from a
person without the disorder or malfunction;
• A disorder, illness or disease that affects a person’s thought processes,
perceptions of reality, emotions or judgments that result in disturbed behaviour
It includes a disability that presently exists, previously existed but no longer
exists, or may exist in the future, or is imputed to a person.
Under the Disability Discrimination Ordinance, direct and indirect discrimination are
both unlawful acts. Direct discrimination means treating an individual with a disability
less favourably than a non-disabled person in comparable circumstances. Indirect
discrimination means imposing the same requirement or condition on everyone in such a way
that it has an unfair effect on persons with a disability. Harassment and vilification
against people with disabilities are also unlawful under the Ordinance.
The Equal Opportunities Commission (EOC) is responsible for implementation of the
Disability Discrimination Ordinance. The Equal Opportunities Commission is a statutory
body, established in 1996, to implement the Sex Discrimination Ordinance and the
Disability Discrimination Ordinance. Although it is funded by the Government, it has an
independent status. The Equal Opportunities Commission works towards the elimination of
discrimination on the grounds of gender, marital status, pregnancy, disability and family
status. Its functions in relation to disability are to:
• Work towards the elimination of discrimination against people with disabilities;
• Keep under review the working of the disability discrimination legislation;
• Receive complaints, provide assistance and conduct investigations under the
legislation.
• Develop and issue codes of practice, and conduct public awareness education
research into disability discrimination issues.
C. Achievements
In the past few years the Equal Opportunities Commission has worked unceasingly to
address the problems of discrimination in a number of areas. Attention has been focused,
in particular, on employment, education, access, transport and information technology.
With regard to employment, the Equal Opportunities Commission developed a Code of
Practice on Employment, under the Disability Discrimination Ordinance, which provided
guidance for employers and employees. It has held a series of talks and seminars to
enhance the understanding of employers and employees with regard to the Ordinance.
Recently it has examined ways of helping small and medium enterprises to implement
policies on equal employment opportunities. In the area of education, the Equal
Opportunities Commission has been working in close cooperation with the government, and
has contributed views on the school-based integrated education programme that is currently
being implemented in Hong Kong, China. A Code of Practice on Education was recently
developed and became effective in July 2001.
The issue of physical access and transport has given rise to many cases of complaints,
where the resolution has resulted in marked improvement in community facilities. The Equal
Opportunities Commission has also engaged in direct liaison with relevant government
departments, and has urged them to develop specific policies and measures to improve
access and transport facilities. A further initiative with the department responsible for
housing resulted in a survey on accessibility and facilities, which it was hoped would
lead to improved accessibility for people with disabilities living in public housing
estates. In relation to the recent strong emphasis by government on promoting information
technology, the Equal Opportunities Commission has expressed concern, and requested that
government ensure that the special needs of people with disabilities are addressed, and
relevant policy is developed. It has also advocated the adoption of the concept of
universal design.
The Equal Opportunities Commission has responded to many specific incidents of
discrimination, compiled study reports and made recommendations to avoid similar
occurrences in the future. Two major target categories for discrimination against people
with disabilities have included people with mental illness and people living with
HIV/AIDS. In some cases intervention by the Equal Opportunities Commission has been made
more difficult by the reluctance of the targets of discrimination to come forward and
lodge complaints, fearing further harassment if their identities were disclosed.
Publication of a study report on the issue of opposition to the establishment of a health
centre to serve people with HIV/AIDS served the purpose of publicizing both the issue and
the condemnation of discriminatory acts, even in a situation where no complaints had been
lodged. On the issue of HIV/AIDS, the Equal Opportunities Commission has been actively
engaged in the development of a plan for the prevention and treatment of HIV/AIDS in Hong
Kong, China. Emphasis has been placed on protecting people who are living with HIV/AIDS
and who are vulnerable to discrimination. The protection of privacy in legal proceedings
of those infected with the disease is also being advocated. In addition, the Equal
Opportunities Commission has played an active role in international conferences on AIDS,
including the United Nations General Assembly Special Session on HIV/AIDS, held in June
2001.
Major activities addressing discrimination against people with mental illness have
included organizing a series of seminars for patients, ex-patients and family members, to
enhance their understanding of the protection that is provided by the law. A team of
professionals was commissioned to conduct a survey on the various aspects of
discrimination encountered by this group, and to organize seminars for journalists to
encourage impartial reports and positive portrayal of people with mental illness.
Collaboration between the Equal Opportunities Commission and the Immigration Department
was undertaken after the wrongful repatriation of an autistic boy to mainland China. A
study was conducted to determine whether the policies, operational procedures, staff
management and staff training were in keeping with the principles of equal opportunities,
and to make recommendations to solve the problem of the lack of sensitivity evident in the
handling of issues concerning people with disabilities.
Initial public reaction to the Disability Discrimination Ordinance and other
anti-discrimination legislation, when they were first introduced, was marked by ignorance,
skepticism, misunderstanding and resistance, in some quarters. In the ensuing four-year
period of implementation, the system for handling complaints under the Equal Opportunities
Commission has been firmly in place, helping aggrieved persons to seek redress for
individual acts of disability discrimination. As at 30 June 2001, the Commission had
received more than 1,100 complaints lodged under the Disability Discrimination Ordinance.
The number of complaints received has increased steadily on an annual basis. The success
rate for cases that proceeded to conciliation was 65 per cent, a rate comparable to that
achieved by the more established jurisdictions overseas. Of the cases in which follow-up
action was taken, 83 per cent have been successfully resolved. Where conciliation has not
been successful, the Equal Opportunities Commission has power, under the Disability
Discrimination Ordinance, to grant various forms of assistance to applicants who have
lodged complaints in writing to the Commission, for investigation and conciliation.
Assistance may vary from the provision of legal advice to representation in legal
proceedings by lawyers and barristers, briefed by the Commission. By granting legal
assistance to applicants when conciliation has been unsuccessful, the Equal Opportunities
Commission is able to establish case precedents in the courts on the anti-discrimination
laws.
A primary area of the public education programme of the Equal Opportunities Commission
is the promotion of equal opportunities from childhood. The Commission believes that the
younger generation will be the catalyst for change in challenging traditional beliefs and
values. A wide range of initiatives has been designed for children and young people, to
cultivate values which foster respect for human dignity and empathy for the less
advantaged, such as people with disabilities. Some examples of activities organized to
promote equal opportunities for people with disabilities included:
• Promoting equal opportunities in primary schools by means of a puppet show
project and “Jumbo Kids Theatre” performances;
• Promoting equal opportunities to youth through school talks and joint summer
projects with schools;
• Offering funding support to activities promoting equal opportunities, and to
encourage community participation;
• Organizing community ‘roadshows’ to promote the concept of equal
opportunities.
Another strategy employed by the Equal Opportunities Commission to facilitate public
education on eliminating disability discrimination was to develop a module for training
trainers to work in the community. Training materials include a videotape entitled
“Training Module on Eliminating Disability Discrimination”, a training manual,
an information booklet, transparencies and handouts. The videotape contains 11 stories on
discrimination and harassment. The strategy was launched in 2000, and explains the legal
concepts under the Disability Discrimination Ordinance, and helps users understand the
wider issues of disability discrimination and how to deal with problems that may arise. In
addition, the “Training Module for Children Focusing on Equal Opportunities on the
Grounds of Gender and Disability” was also developed to provide a practical guide for
kindergarten teachers. Five training workshops have been held for 1,100 teachers from more
than 500 kindergartens. The training module has been used by more than 60 per cent of all
kindergartens in Hong Kong, China.
Research studies have played an important role in developing knowledge, monitoring
attitudes and establishing benchmarks. These have provided guidelines for future advocacy
and public education programmes and activities. The Equal Opportunities Commission has
commissioned a number of specific disability-related research studies, covering issues
such as the employment situation of people with disabilities, obstacles faced by people
with disabilities in non-employment situations, insurance issues, and the attitudes of
students towards people with disabilities.
D. Key lessons learned
Although the public of Hong Kong, China, has become more aware of the rights of people
with disabilities since the introduction of the Disability Discrimination Ordinance, many
challenges and obstacles remain in the pursuit of the elimination of disability
discrimination, and the achievement of equal opportunities for people with disabilities to
participate fully in society. The Equal Opportunities Commission has identified two key
problems and areas of concern, the issues of anonymity and legal assistance.
The Equal Opportunities Commission is concerned that people with HIV/AIDS or with
mental illness may be deterred from pursuing their rights if conciliation fails, and it is
necessary to pursue claims through the civil courts. Reliance on litigation for protection
of human rights is difficult owing to the inherent privacy problems involved in the
process. Breach of privacy is often the first step that leads to discrimination. When the
status of a person with mental illness or HIV/AIDS is known, then a range of detrimental
events may occur, including loss of employment, housing, reduced access to insurance and
finance, and exposure to harassment and even to violence. More rigorous public education
programmes are needed to promote acceptance and understanding of people with these
particular disabilities. There is a need to target all sectors of the community in order
to remove this deeply rooted social stigma.
The Equal Opportunities Commission is limited in its capacity to ensure that people who
cannot afford lawyers have accessibility to the courts, in cases of claims concerning
disability discrimination. The Commission is a statutory body funded by the Government of
Hong Kong, China but it does not have a separate budget designated for litigation.
Litigation expenses are met by redeploying funds from within its regular budget. As it is
not a litigation agency, it undertakes only strategic litigation, and only grants legal
assistance in cases where public interest is involved or where a precedent needs to be
set. It is necessary therefore to ensure that other meritorious cases are provided with
legal assistance through other channels, as legal aid is only granted on a means tested
basis. A resolution to this problem must be found.
E. Sustainability
The Equal Opportunities Commission considers training of government personnel the key
to sustained improvement in the development of policy and decision making that is in line
with the principle of equal opportunities and the prevention of discrimination against
people with disabilities. Since its establishment, the Commission has organized many
seminars and workshops to provide training for managerial level personnel in organizations
and in Government. It has recently established a training unit within the Commission to
specifically extend this area of its work. It is hoped that, through training, the
essential message of the Commission will be conveyed. This message states clearly that in
the development of all policies and decisions the special needs of people with
disabilities must be considered and taken into account, and barrier-free design should be
adopted whenever possible. Only then will the marginalization of people with disabilities
be avoided.
Undoubtedly legislation is important in achieving the goal of eliminating
discrimination against people with disabilities. But to create a society where there is no
discrimination, public education is equally and critically important. The Equal
Opportunities Commission has created a large number of promotional and educational
materials. These included a TV series, training modules, CD-Roms, periodicals and
pamphlets. It has also organized many promotional and educational activities. It is the
concern of the Commission to make the public understand that people with disabilities,
like other people, should be entitled to the same basic rights. The public must understand
that their abilities and ways of expression are not necessarily of a lower standard than
those of other people, but may be different. The public must further understand that, at
present, there are many things that people with disabilities cannot do, not because they
are less capable, but because they are hindered by many barriers in the surrounding
environment. Therefore it is clear that, whether one looks at the situation from the point
of view of the rights of people with disabilities, or from the viewpoint of developing the
potential of society as a whole, creating a society with no discrimination will benefit
everyone.
NOTES
1 Based on a paper prepared by A.H.M. Noman Khan, Secretary
General, National Forum of Organizations Working with the Disabled (NFOWD) and Executive
Director, Centre for Disability in Development (CDD), and Nazmul Bari, Assistant Director,
CDD, Bangladesh.
2 Based on a paper prepared by Ouk Sisovann, Executive
Director, Disability Action Council (DAC) and Helen Pitt, Adviser, DAC, Cambodia.
3 Statistics provided by Cambodian Disabled People’s
Organization.
4 Based on a paper prepared by Stephen Pang, Commissioner
for Rehabilitation, Health and Welfare Bureau, Government Secretariat, Hong Kong Special
Administrative Region, China, for presentation at “Campaign 2001 for the Asian and
Pacific Decade of Disabled Persons, 1993-2002”, Hanoi, 10-15 December 2001.
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