Alberto Cremonesi
UNITED NATIONS, Jul 17 2006 (IPS) – Negotiations on the first-ever International Convention on the Rights of Persons with Disabilities could conclude as early as this August when countries will resume their discussions about the need for a broad treaty to protect disabled people.
We are doing the best, it is a challenge. We are aiming high. I could even go as far as to say we are aiming too high because there are very complicated issues, very technical issues, Jorge Ballestero of the Mission of Costa Rica, one of the leading diplomats negotiating the convention, told IPS.
Of course, we are kind of tired because it has been a very long year, but the good thing is that everyone is in such a very positive mood that everyone wants to have this as soon as possible. I still believe that we can make it, he said.
The existing system is meant to promote and protect the rights of person with disabilities, but activists say it is still not enough. People with disabilities tend to be viewed as objects of protection rather than active subjects of rights. The treaty would establish equal opportunities for disabled people, help them fight discrimination, guarantee equal access to infrastructure and protect their basic rights.
We feel excluded. In certain countries, disabilities are still seen as symbol of disgrace, Maria Veronica Reina of the International Disability Caucus, an umbrella organisation of nearly 70 global non-governmental organisations (NGOs), said at a recent briefing at the U.N. Correspondents Association. The convention is a real opportunity to generate awareness.
An estimated 650 million people about 10 percent of the world s population live with some form of disability. Nevertheless, only 45 countries have disability-related legislation.
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According to the U.N. Educational, Scientific and Cultural Organisation, 90 percent of children with disabilities in developing countries do not go to school.
Solutions are not necessarily high-cost solutions, they can be low-cost solutions, Thomas Schindlmayr, a disability expert at the U.N. Secretariat for the Convention, said at the briefing. To change people s minds costs nothing.
Some of the principles covered by the convention are the respect for inherent dignity, individual autonomy and independence of person, non-discrimination, full and effective participation and inclusion in society, equality of opportunity, accessibility and equality between men and women.
However there are some sticking points that still need to be clarified. Monitoring is the first key issue, not because it is hard but because there are different views on which would be the best way of monitoring, Ballestero told IPS.
Second is the international cooperation issue. There is this kind of misconception that some countries would hide behind the lack of resources not to implement, even though we are getting there. The other one is the definition. Do we need a definition of disability? Can we have a definition based on the social model that is actually applicable in terms of legal obligation? That is the tricky part.
One of the concerns that emerged during the last round of talks on the convention is the principle of recognition of legal capacity. This legal capacity issue is a big one, but at the same time it is something that can be dealt with, as we have done before in other conventions. There are persons with disabilities, but they are persons and they have rights, and they have right to exercise their rights, Ballestero said.
Even though NGOs cannot make decisions directly, they will play a key role in finalising the treaty. We think that fortunately governments are listening to us, we know that they will approve or pass a convention that has the endorsement of the disability community. Our presence is very important. We also think that after the convention will have passed, our work will be essential for monitoring, Reina told IPS.
According to Schindlmayr, this is the first occasion in which NGOs have taken part in the human rights process. They are there, they are present, they listen to the debates, they can make interventions in the plenary, he said.
Without NGOs we would have no convention, and without NGOs we would not have all the expertise and all the norms that we have. It is not the same to talk about something that you have seen as if you talk about something you live with, it is a totally different matter, Ballestero noted.
These people come and tell you, You know what? You may know a lot about human rights, you may know a lot about law, but you do not know what it is to try to walk without one leg or be in a wheelchair or be deaf , he added. Without NGOs, there would be no convention at least not a quality one.
NGOs representing disabled people say they have waited for this treaty for more than 20 years now, and they do not want the process to be rushed to the detriment of quality.
We trust that quality can be reached in a reasonable time, we do not want to sacrifice quality. But we are also aware that in most developing countries a new legal framework is near. We have to find a balance between quality and time, Reina said.
That time could come as early as this August at the end of the 8th Session of the convention.
