Report on International Disability Alliance (IDA) Asia Pacific Seminar

IDA
INTERNATIONAL DISABILITY ALLIANCE
Member organizations:
Disabled Peoples' International, Inclusion International,
International Federation of Hard of Hearing People,
Rehabilitation International, World Blind Union,
World Federation of the Deaf, World Federation of the DeafBlind,
World Network of Users and Survivors of Psychiatry.
Arab Organization of Disabled People,
European Disability Forum

 Report on the IDA Asia Pacific Seminar
Traders Hotel Manila, Philippines
February 11 and 12, 2009

 DAY 1:

Opening Ceremony

• All participants introduce themselves and their organization

• RI Secretary General and Seminar Emcee Venus Ilagan introduces the seminar sponsor, the International Disability Alliance and its CRPD Forum, thanks the Philippine co-organizers KAMPI and the NCDA for their assistance, and acknowledges the financial support of Sida.

• Chairperson Lila De Lima of the Commission on Human Rights of the Philippines speaks to the dramatic shift in perspective encompassed by the CRPD, advancing the rights based approach to the well-being of persons with disabilities who suffer disenfranchisement, invisibility, and idleness. She lays out the plan of the CHRP to monitor state compliance with the CRPD and to investigate violations, and speaks of her personal commitment to the cause of persons with disabilities as a mother of a son with autism.

• IDA Chair William Rowland offers the official welcome of the IDA and remarks on the courtesy and warmth between participants that would come to characterize the events of the meeting as a whole.  He also offers his congratulations to the Philippines on ratifying the CRPD and his hopes for OP ratification and integration of issues of concern in the upcoming elections

• Deputy Director-General Margarita Songco of the National Economic Development Authority (NEDA) suggests learning from the experiences of DPOs like co-organizer KAMPI.  She highlights the importance of praising institutions and organizations willing to employ and support PWDs, and also the need for close monitoring of attention to accessibility.  The NEDA works in support of legislation to protect and promote the welfare of PWDs and in collaborative effort to promote the UN CRPD with a variety of national and local organizations.  In response to the global economic slowdown, NEDA will include PWDs in the plans for expansion of employment opportunities, access to health care and security and general livelihood improvements.

• Philippine Senator Francis Kiko Pangilinan offers a state welcome and the adage, “It is not easy to stand up when rights are being trampled on or disrespected.”  He calls on his history as a student activist and independent candidate and says he would like to see more, meaningful change happening.  Some central points; empowering local governments to care for and protect PWDs, and the need to work toward common aims, empowerment, protection and success for families.  He stresses that the first step is to convince people that PWDs have the same potential and right to dignity, education, and protection of rights as everyone else.

Presentations

1. IDA Chair William Rowland Provides a Brief History of UN Disability documents and the CRPD:

- As early as 1975, there was a UN document on disabled persons.  We do not recognize it, because it was developed without our participation.
- Development of the World Programme of Action was an important step in a period of the disability rights movement where awareness was a key challenge.  A good example is a meeting I had with a government minister in Mozambique, who aptly summed up the nature of our interaction and mission as “I am your enemy, convert me.”
- 1983-1992 saw negotiations on the standard rules for equalized opportunity and establishment of a monitoring mechanism:  The Special Rapporteur and Panel of Experts monitoring the Standard Rules on Disability.  We are in the fifth term of the Special Rapporteur now, whose mandate has just been extended for another 6-12 months.
- What sets the CRPD apart is that it is binding, so a ratifying country is bound to take account and report nationally and internationally.  It has the force of international law, and in some instances overrides national law and in others, compliments national law.
- The job of reporting will be given to a governmental body, but monitoring is for independent bodies like the Philippines Commission on Human Rights.
- Shadow Reporting should be developed by the sector of persons with disabilities, which should never forget it needs to provide a worldwide voice to people who are disabled and are in situations where they cannot speak for themselves.
- While there are three levels to the disability movement: international, national and regional, the national level is perhaps most important.  We encourage governments to create national bodies that can track, support and report on the movement.

Questions:

• What comprises the IDA?
• IDA consists of the eight international organizations of disabled people, plus four regional organizations, one being represented here by APDF.
• What role could the forum provide to all regions?
• The forum was created so that any individual could join and take part as long as they accept the governance of DPOs.  Being a part of the forum through the listserve makes for a lively interaction and support network for individuals and organizations.
• Can the term Psycho-social cover all mental disability?
• Using mental disability makes it seem as if the total experience is individual, without external influence, whereas Psycho-social takes these external factors into consideration.
• How does IDA monitor its membership?
• We don’t, because each organization has its own way of doing things.  A good example is the WBU, which is an active member of IDA but is a DPO with its own constituency and independent governance.  Its democratically elected leadership will act in accordance with the standards and conditions set to it by its constituency, and IDA does not monitor their compliance.  If we become aware of mismanagement, there are steps that can be taken to address it.
• You said the CRPD supersedes the Standard Rules.  How do we approach our colleagues with the CRPD when we’ve been doing so with the Standard Rules?
• The only value in the standard rules now is informational, whereas the CRPD has legal relevance to the actions of States and organizations. 
• As IDA advocates cross-disability, are there any instances where differing views could be expressed to better our efforts at the regional level?
• Each IDA member organization’s constituency is represented by that organization, but IDA develops a single, general view.  Though we’re cross disability, we use consensus to make sure that everyone agrees to the central voice. 

2. Stefan Tromel of the IDA Secretariat Presents on the CRPD:

Addressing the paradigm shift, purpose and target group, general principles and obligations of the CRPD, as well as equality, non-discrimination and other transversal issues: Please see attached presentation

Questions:

• Why does it take so long to ratify the convention?  What is the framework or way forward to pursue the convention?
• Countries struggle to ratify, yes, but almost as worrisome are the countries where it passes quickly and they think their obligations and effort end there.  No government is anywhere near to full implementation of the Convention.

Ratification is key.  If a country, like Samoa for example, doesn’t ratify, then implementation of the Convention cannot be monitored internationally.  This is why it is so important that DPOs push for ratification so that these efforts can move forward.

3. Amita Dhanda, WNUSP representative and key player in the development of the CRPD:

Addressing challenges of the CRPD in legal capacity, prohibition of deprivation of liberty, protection against forced intervention, Articles 19, 23, and 25:  Please see attached presentation

Some central observations:

• Implementation is not about the text of the document, but rather putting that text into practice, which requires getting people to buy into the idea, the affirmation of civil society.
• Just because a person may require support to exercise their rights, doesn’t mean that they do not have the capacity to exercise that right.
• The social stigma attributed to persons with disabilities is many times supported by law.

4. Women’s rights attorney Rowena Guanzon of the Asia Cause Lawyers Network

Addressing the similar general obligations of both CEDAW and the CRPD, monitoring systematic violations by a state party, accountability through reporting, and the study of domestic law on persons with disabilities to account for responsible systems that are not acting diligently: Please see attached presentation

5. KAMPI representative Marietta Jandayap, introduced by Bernardo Mercado:

Addressing Philippine initiatives taken to implement the CRPD and conveying the results of a study conducted by KAMPI on the extent to which Filipinos with disabilities enjoy their rights:  Please see attached presentation

Manila Declaration: Step 1

At the end of day 1, a working group of three cross disability, gender representative document drafters is selected.  DPI-AP’s Saowalak Thongkuay, RI’s Setareki Makanawai, and Inclusion’s Halendra Dholakia agree to formulate a first draft of the Manila Declaration to be presented, discussed, and finalized on Day 2.

DAY 2:

Country Reports

Day 2 began with presentations by a representative of each country, addressing two questions about their country relating to the CRPD.  If there were more than one representative from a country, they were asked to elect someone to speak on behalf of all who came from that country.

Question 1: What is the state of play of the CRPD in your country?

Nepal (Signatory to CRPD & OP): We have been pressuring the government and cabinet of ministers to sign the optional protocol of the CRPD.  Soon, a meeting of parliament will be held and we hope that they will make a recommendation for the government to ratify the CRPD.  Spokesperson: Matrika Devkota (WNUSP)

Malaysia (Signatory to CRPD): There are two very active organizations, the Malaysian Federation of the Disabled and the National Council of the Blind.  We had a national seminar focused on the CRPD and PWD act to create awareness among governments and governmental bodies.  Malaysia signed the convention on April 8, 2008. 
Spokesperson: Mah Hassan Omar (WBU)

Fiji (not signed): The Fiji Disabled Peoples Association is actively lobbying the government to ratify the CRPD.  Spokesperson: Ruci Senikula (WBU)

Vietnam (Signatory to CRPD): The position of PWDs in Vietnam is represented by two main organizations.  We have disseminated several periodicals to present issues of concern to the public and government.  Spokesperson: Duong Phuong Hanh (IFHOH)

Indonesia (Signatory to CRPD): The Focal Point Sector is the organization that produces documentation on the convention and all issues are brought before the ministry of social affairs to be given political consideration.  The ministry recommends a draft plan to the president to put the CRPD into law, and the parliament puts it through.  Ministry of social affairs also makes reports to the UN.  In our group discussions, we have agreed to have the ministry of social affairs as the focal point of our advocacy efforts.  Spokesperson: Rina Prasarani (WBU)

Philippines (Ratified CRPD): We were able to work with the national council on disability and are now setting up a group that will move toward enforcement through national law of the CRPD elements.  The department of social welfare and national commission on disability are working with us to move it forward. 
Spokesperson: Lauro Purcil (Sectoral Council for Persons with disabilities of the National Anti Poverty Commission)

Republic of Korea (Ratified CRPD): We have strongly asked for support of the international law.  Lack of domestic laws makes it difficult to get the government to ratify the optional protocol.  Spokesperson: Daesung Kim (DPI Korea)

Thailand (Ratified CRPD):  We reformed the rehabilitation act and the rights of persons with disabilities act based on the CRPD.  We have education and vocational training, in addition to a focus on accessible tourism under the control of the Ministry of Tourism and Sport.  There are many gaps in implementation, which are caused by the diversions of globalization and modernization concerns.  We are also making efforts to draw media attention.  Spokesperson: Saowalak Thongkuay (DPI-AP)

Samoa (not signed): 2001 was the inception of the disability movement in Samoa.  We are fighting to highlight the existence of PWD issues.   We initiated the National Disability Task Force last year.  The Ministry of Women and Social Development is in charge of PWD issues in Samoa.  The first phase of policy concerns related to PWDs has been given to parliament and a second phase will be aimed at ratifying the CRPD.
Spokesperson: Nofovaleane Mapusua (DPI-AP)

India (Ratified CRPD):  We are addressing the previous laws on disability and equal opportunity, and on issues concerning PWDs.  We are working in collaboration with the National Trust and a national committee has been formed to address the rights of persons with disabilities. In addition, we have focused on regional efforts. 
Spokesperson: VK Gautam (Inclusion International)

Bangladesh (Ratified CRPD & OP): There is a national organization comprised of a number of individual organizations.  In 2007, Bangladesh ratified the CRPD, and in May 2008 the Optional Protocol.  We have a national action plan.  Civil society has set up a disability rights watch group and taken steps to ensure accessibility by 2015.
Spokesperson: Khandaker Jahurul Alam (APDF)

Question 2:  What are the main challenges for the convention in your country?  Have you made contacts with human rights commissions?

Philippines: We work with the National Commission on Disability Affairs, plus several other organizations, North and South.  We have been addressing the challenging issues of children with disabilities and working to ensure that all are included.  Promoting the CRPD is one of the most important efforts, to include the national disability alliance and local organizations.  We need to go outside our standard arena.

Added by a Philippine Observer: There are stakeholders who want to help us, but we must first go out and teach them what disability is.  They have the mindset of welfare and we need to tell them about the rights-based approach and offer better information about what is disability.

Bangladesh:  A central human rights commission has been established, but no commissioner on disability.  The ministry of social affairs will not have anything to do with the other ministries, which is a big challenge, and the government does not fund anything regarding disability.  We are working on an action plan and Bangladesh is part of the UN Committee on the rights of persons with disabilities so hopefully that will work on the government to move forward.  Moving from welfare to a human rights focus is a big challenge.

India: Our implementation plan is to break the country into four regions.  There is a significant difficulty with funding, because the government will not fund directly.  Another challenge is that in India intellectually disabled persons are not seen to be able to handle their own advocacy.  Also, so much of India is below the poverty line that it is very difficult to address these issues effectively.  It is the beginning of self-advocacy in India and we are working very hard to advance self-advocacy.

Added by Amita Dhanda (WNUSP):  We (India) have various institutions that are handling a little of this and that about the CRPD, between government and school and organizations, so there are a range of individual initiatives but not so much pulling it all together.  We can’t go as far as we could with centralization of our efforts.

Fiji: The Pacific Disability Forum got together with the Asia Pacific regional forum to work on CRPD training.  The cost is an important challenge.  Progressive realization of which issues of CRPD implementation can be pursued with governments is another.  We will work with the focal points for the Pacific, like ASEAN, to develop a work plan for the coming years.

Added by William Rowland (IDA Chair): We are not getting a sense of coalition building and I urge people to make this effort.  Working at the three levels; international, national, and regional, requires complimentary.  This is an important element to consider.

Added by Dato’ Kulasegaran Sabaratnam, observer from Malaysia’s NCBM: I would suggest that all DPOs make the CRPD part of their regular agenda.  Unless we have a thorough understanding of the CRPD through regular consideration of it in our organizations, it makes the process more difficult.

Indonesia: Government bureaucracy is many times a difficult challenge to the process for us.  We are working to change the paradigm from welfare to human rights.  PWDs are not empowered to understand the CRPD.  It is a must that we ensure the active raising of awareness on the local level.  We are discussing establishment of a national human rights council on PWDs and on having a focus group discussion to influence the ministry of social affairs.

Added by Raphael Domingo (WFD): We have the CRPD, but in approaching its implementation we need to pay attention to how it addresses the different countries and cultures it affects.

Thailand:  We encourage DPI and our friends in IDA to pay attention to sub-regional mechanisms.  We need mainstreaming, participation and interaction in the development agenda.  Sub-groups, like children and women, have not been included in the disabled.  I hope the IDA will help us create coalitions between these different bodies to help promote the CRPD.

Added by Maulani Rotinsulu (DPI-AP): The IDA CRPD Forum is a good way of gathering information and examples that we could adopt to pursue our monitoring and implementation efforts.

Nepal: Our country’s system is degrading and compromised, which makes approaching the government with CRPD issues a difficult challenge.

Korea: We are just trying to learn, because monitoring tools are difficult to develop.

Presentations

• Saowalak Thongkuay, Regional Development Officer and representative of DPI-AP:

Addressing regional efforts, how to use the Asia-Pacific Decade of Persons with Disabilites, and intra-regional cooperation to promote the CRPD: Please see attached presentation

Manila Declaration: Step 2

Participants break out into three working groups, each with equal representation of organizations, disabilities, genders and participant countries of origin.  Each group is asked to consider a principle issue in CRPD implementation and monitoring, which will be discussed and recorded, and presented by a selected Rapporteur.  The feedback will then be incorporated into the Manila Declaration by the draft working group.

The topics to be discussed are: International Cooperation, Regional Cooperation and use of the Asia Pacific Decade, and National Efforts and Messages to Governments.
Following the presentation of each Rapporteur, the drafting group is given time to incorporate the conclusions into the initial version of the Manila Declaration and then presents the document to the group as a whole.

Stefan Tromel leads a line-by-line read-through of the Declaration, inviting input from any participant to the language, topical considerations, or tone.  Over a short break, the drafting group completes a final edit to ensure the comprehensiveness and clarity of the document.

The Manila Declaration is presented in its final version and adopted unanimously by the body of participants present.  It is also decided that the Declaration should be disseminated to regional UN bodies and mainstream human rights organizations, as well as being made available to all participants for use with media and government contacts in their home countries.   Please find the Manila Declaration attached 

Conclusion

IDA Chair William Rowland offers his thanks to all participants for making the seminar such a great success, and to co-organizer KAMPI and the NCDA for their involvement in the proceedings.  He urges participants to continue taking a proactive approach to the CRPD in their nations and to focus on alliances that would strengthen that approach through information and resource sharing.

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