Towards a barrier-free reality [Human Rights Features, Volume 5 (October

Towards a barrier-free reality

Resolution of the Pre Forum NGO Consultation on Protection and Promotion of the Rights and Dignity of Persons with Disabilities

Over two-thirds of the world's 600 million disabled persons live in South or Southeast Asia. Although their rights are implicitly protected under several existing international human rights instruments, it is clear that disabled individuals still suffer from systematic discrimination at the institutional and social levels.

The persistence of such discrimination is linked to the fact that the way disabled persons have been viewed has undergone a radical change over the past 20 years. Asia Pacific human rights institutions, located at the nexus of human rights and governmental reform, should take advantage of their unique position to facilitate the integration of the rights of disabled persons into the human rights cultures of their respective states.

At the same time, it must be acknowledged that the "barrier-free environment" that was so aptly referenced in the New Zealand Commission's background paper is far from being a reality. There are thus a number of basic yet much needed steps that national human rights institutions must take if they want to create a national human rights culture which respects and protects the rights of persons with disabilities. With this in mind, the Pre-Forum NGO Consultation offers the following recommendations to Asia Pacific national human rights institutions, in addition to those offered by the New Zealand Commission:

1. Composition

In accordance with Paris Principles requirements for representative and pluralistic composition, national human rights institutions must have representation that accurately reflects the composition of society with regards to people with different types of disabilities. NHRIs should reflect international standards, particularly relevant International Labour Organisation (ILO) Conventions, in the employment of disabled persons at all levels of their organization.

2. Accessibility

In accordance with the Paris Principles requirements for accessibility, national human rights institutions need to make their offices accessible to disabled persons. All informational materials, especially those pertaining to disability rights, should be available in a range of accessible formats.

3. Information Dissemination

National human rights institutions should, in partnership with disabled persons, co-ordinate the comprehensive dissemination of information about the rights of disabled persons. NHRIs should create a single user-friendly document that advises disabled persons of their legal rights under national and international law. This document must be in a range of accessible formats.

4. Evaluation of Existing National Legislation

In accordance with the Paris Principles directive that national human rights institutions shall "examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate," Asia Pacific NHRIs should, in partnership with disabled persons, carefully examine existing national legislation for compliance with international standards and make specific and detailed recommendations for revision if required.

5. Litigation & Amicus Briefs

As noted by the Office of the High Commissioner for Human rights, litigation and the filing of amicus briefs are under-utilised processes for the protection of disability rights by NHRIs. National human rights institutions should utilise these processes through the courts.

6. Education and Awareness

In accordance with the Paris Principles directive to facilitate national awareness of and education about all types of human rights, national human rights institutions should, in consultation with disabled persons, coordinate a comprehensive public education program regarding the rights of disabled persons. One aspect of this programme should target judges, legal advocates, and other government officials who must be educated about national and international legal instruments for the protection of disabled persons. National human rights institutions should engage in comprehensive public sensitisation regarding the rights of disabled persons.

7. Utilisation of Funds

As recommended by the United Nations High Commissioner for Human Rights, national human rights institutions should make an effort to contribute to the NGO fund for persons with disabilities. They should make every effort to ensure that NGOs representing disabled persons can participate, to the fullest possible extent, in the proceedings of the Ad Hoc Committee for the Proposed Convention on the Rights of Persons with Disabilities.

8. Reports and Monitoring

In accordance with the Paris Principles, national human rights institutions should use their investigative powers to issue reports and recommendations to supplement monitoring mechanisms that are in place for the protection of the rights of disabled persons. This is an essential activity, as many disabled persons suffer from de facto institutional marginalisation as a result of their physical impairments. As per the 2002 Biwako Millennium Framework for Action, Asia Pacific Governments are called on to develop and adopt, by 2004, a five-year comprehensive national plan of action to implement the targets and strategies of the framework. National human rights institutions should monitor the development and implementation of these plans and facilitate the incorporation of a rights-based approach.

9. NGO Participation

National human rights institutions need to actively co-ordinate with NGOs representing and consisting of disabled persons in the development and implementation of all programs pertaining to the rights of disabled persons. Institutional transparency and procedural clarity are essential in this process.

Summary

The role of NHRIs in protecting the rights of disabled persons can be broken down into three broad categories of action: (1) creating an institution that is accessible to disabled persons in every way, (2) increasing awareness and educating the public about the rights of disabled persons and the best way to assure their protection, (3) monitoring and encouraging governmental protection of disabled rights. Only by creating an internal institutional culture that protects and supports the rights of disabled persons, can NHRIs make concrete recommendations and contributions as they strive to incorporate these changes in the national human rights framework.