Ladies and Gentlemen:
It is a great honor for me to be here with you today. As the former Chairman of the Ad Hoc Committee from 2002 to 2005, it is indeed a great privilege to be speaking in front of you. I am also delighted to join you in Jerusalem, in this most significant event.
First of all, let us celebrate with shared pride and joy the great strides we made in the advancement of universal human rights: the adoption and ratification of the United Nations Convention on the Rights of Persons with Disabilities.
In the meeting rooms of the UN, we witnessed how the disability community transformed the world, from one divided by disability, into a world where persons with and without disabilities can work side by side toward the same goal of universal human rights and fundamental freedoms for all.
Our common endeavor finally came to fruition in the form of an enforceable international convention on the rights of persons with disabilities. We owe this victory to the leaders of the disability community who have tirelessly demonstrated how the battle against discrimination and oppression can be won by determination, hard work, perseverance and flexible and innovative minds. Under the superb leadership of these advocates, the Convention process matured, involving more of both new and traditional stakeholders, and, as a result, the disability rights movement grew as a universal movement toward human rights for all mankind.
The Delegations that participated learned a vital lesson: in order to have a convention on such a complex topic as disability, one needs to incorporate the shareholders. This humble step made it possible to have an enforceable international instrument that will have the purpose of changing our world as we know it, for it is almost a revolutionary challenge to change our societies, our mentalities, our beliefs and our attitudes.
The ratification of the international convention has a profound meaning not only for the dignity of individuals with disabilities, but also for us all: a person is either born with a disability, or acquires it during his lifetime by sickness, accident, war, natural disaster, climate change, underdevelopment. Nevertheless, it is almost certain that we all will have a disability as we age, in a world that is ageing at a growing rate.
I believe that an international human rights convention is the new “universal language” for societies and individuals worldwide to discuss the way forward in realizing the human rights of all persons, with or without disabilities, in both developed and developing countries. We must remember that the world poorest are the most affected and that persons with disability in the countries that have a long road to travel are the most affected.
In many ways, it is a “new language” to all of us - we need to learn how to use it and communicate in this language effectively.
Background to the New UN Convention on Disability
A new chapter of history was written by those who have been struggling in pursuit of universal human rights for persons with disabilities. With resolution 61/106 of 13 December 2006, the United Nations General Assembly adopted the International Convention on the Rights of Persons with Disabilities, a milestone in the history of the UN, being the first comprehensive human rights treaty of the 21st century.
As of today, the Convention has recorded 149 signatories and its Optional Protocol 90. The Convention has 103 ratifications and its Optional Protocol has 62, demonstrating the strong commitment of the international community. The number of signatories on 30 March 2007 was the highest in history for a UN Convention on its opening day for signature.
Let us bear in mind that more than 50 out of 192 UN members do not have disability legislation. This is changing because of the CRPD.
The Convention – throughout its 50 articles and the Optional Protocol – reaffirms that every person with disabilities should enjoy all human rights and fundamental freedoms, and it codifies a comprehensive set of rights, ranging from the civil and political to the economic, social and cultural spheres.
The focus then will shift to States Parties and their national institutions to fulfill their obligations prescribed in the Convention.
We must leave this meeting with better understanding but with new commitments, with a new purpose, a paradigm shift that will make our societies more holistic, more integral and inclusive. As I have stated before, it is a very revolutionary proposition: to change our societies.
It has been said that the Convention will positively affect the lives of more than one billion people with disabilities, but it will have a profound effect on many more, such as families and friends who should also be mentioned. Consequently, we are talking about billions that will and should be touched by a Convention that will encompass not only the rights of persons with disabilities but the society of the world.
What a great and daunting challenge!
Historical Evolution of the International Efforts toward the Disability Convention
May I now briefly turn to the evolution of this historical achievement of the international community. The commitment of the international community to promote the rights of persons with disabilities is deeply rooted in the goals of the United Nations: It is the realization of the Charter’s vision of a just and peaceful world and better standards of life in larger freedoms.
This decision to elaborate a convention did not take place “overnight.” During the 1970s a substantial evolution changed the thinking about disability issues, moving from a “medical” to a human-rights-based model. This evolution manifested itself in a number of UN initiatives that embraced the growing international concept of human rights for persons with disabilities and equalization of opportunities for them. In the 1980s further progress was made by the United Nations. Through adoption of the World Program of Action concerning Disabled Persons (in 1982), the international community redefined disability as part of the international development and human rights agenda.
To advance international efforts after this important momentum, the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) was adopted as a major outcome of the United Nations Decade of Disabled Persons (1982-1993). The international policy framework for disability-rights has been further advanced by a series of United Nations development conferences and their respective five year reviews, the Millennium Development Goals, and other relevant international commitments and efforts for their implementation.%%
I have to mention that when I was Permanent Representative of Ecuador to the United Nations in Geneva we approved a resolution on the rights of persons with disabilities that was one of the first step to the CRPD.
Within this framework, the United Nations General Assembly Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities was created in 2001. As previously mentioned, the Ad Hoc Committee finalized its work at the eighth session in August 2006, which completed the Convention text for adoption by the General Assembly on the 13th of December 2006. I had the honor of chairing from 2002 to 2005, and the Permanent Representative of New Zealand, Don Mackay, with great professionalism concluded the deliberations in 2006.
Significance of the Process toward the Convention
For many decades, disability rights advocates, experts, policymakers and practitioners dedicated themselves to combat ignorance, discrimination and oppression against persons with disabilities. As I have said, under the leadership of persons with disabilities and their strategic partners, the Convention process matured, involving more of both new and traditional stakeholders. As a result, the disability rights movement grew as the universal movement toward human rights for all persons. It is now challenged to continue working for the common objective to articulate the Convention and deliver these changes.
This issue will compel states and intergovernmental structures to also assume their responsibilities under this international convention and its monitoring system. The monitoring committee is similar to the ones we already have in the other seven human rights conventions. The Committee has been elected by the States Parties’ Assembly and held its first meeting in February. I was a member of the Committee created by the Convention against Torture, and Cruel, Inhuman and Degrading Treatment and Punishment in which states present their reports to the committee and are monitored in their compliance. It is a system that also permits cooperation with States Parties that need to advance in the field. It may call on States Parties to do more and make better efforts to comply with the Convention.
The Committee that was integrated by twelve had to be expanded to eighteen because of so many State Parties have ratified it.
We must also try to have states accept the Optional Protocol, for it strengthens the rights of persons with disabilities.
I have repeated many times that when I was elected Chairman of the Ad Hoc Committee I thought it would be an easy task. “Who would in their right mind oppose disability rights?” It was to me politically incorrect!! But I also learned that it would be a very difficult task when I met with the opposition, those who did not believe that a Convention on the rights of Persons with Disabilities was necessary. I remember the first meeting of the Committee, when we had to make a real effort to advance just a few steps.
I must also acknowledge that I firmly believed that the essence of this negotiation was to have persons with disabilities take their destiny in their own hands and participate in the negotiation, for it was the only way to have the national delegations understand the profound complexities and realities of disability and the need to enshrine in the Convention a spirit of change, that would prove to be revolutionary.
In many cases, the negotiation left the halls of the UN in New York and I was obliged to take the cause to the capitals of many countries to explain and ask for their assistance in promoting and protecting the human rights of this most important vulnerable group. In many cases, delegations of countries and groups of countries that were opposed or resisted the negotiation of this convention changed their positions to a more positive attitude when their civil societies made their participation an issue in their internal political scenario. Being against disability did prove to me politically incorrect!
We must feel proud of the accomplishment, but at the same time humbled for what awaits us.
I have also recognized that the disability community that went divided into those meeting rooms of the United Nations, left with a sense of brotherhood, of common goals and with a satisfaction that they could and will change the world as we know it. We must also have the member states adopt the same solidarity toward a world with millions who have been segregated, discriminated and forgotten, the “invisibles”.
The battle cry of the disability community is “NOTHING ABOUT US WITHOUT US”. We all must join in the efforts of promoting and protecting the human rights of such individuals.
Future Challenges in implementation of the Convention
So, where do we stand and how should we approach future challenges in promoting the rights of individuals with disabilities all over the world through this important “tool” called the international convention on the rights of persons with disabilities?
We are all keenly aware of the numerous new and emerging global issues affecting such individuals. In this complex situation, our unwavering commitment to promoting the rights of persons with disabilities will require a strategic conversion of the human rights norms articulated in the Convention into actionable forms for institutions and mechanisms capable of responding to the needs of individuals with disabilities.
The Convention provides a contextual understanding of the lives of persons with disabilities in the implementation of its resulting policies and programs. This process can be a critical entry point for building a society that values “difference” and respects the equality of all human beings regardless of their actual or perceived “difference.”
Given the existing disabling attitudinal, environmental and economic realities in today’s world, the implementation of the Convention should be an integral part of all facets of policy-making, programming and research development.
The effectiveness of our efforts would depend upon how we strengthen the capacity of ourselves and our society to use the new convention.
This meeting will allow us to focus on the future. We must work with everybody in order to foster the enforceable application of the Convention. In each country we must teach and convince every person, with or without a disability, to join the movement toward a more holistic society that values difference, recognizes diversity and is willing to challenge those that try to oppose our just cause.
We must focus on:
(1) Incorporating the disability perspective into the broader legislative, policy, programmatic and academic discourses;
(2) Strengthening our knowledge base on a wide range of disability issues and topics;
(3) Collaborating with the Committee of the Convention on Disability in order to have a more systemic monitoring of the state partes compliance.
(4) Building our capacity as disability rights advocates, scholars and other stakeholders, such that they are able to work together closely; and
(5) Promoting an open dialogue, well-informed consensus, and collective action – creating a “new community” of stakeholders to bring forth new changes necessary for ensuring the rights of children and individuals with disabilities.
(6) We must persuade the rest of the world to join. Those who today are reluctant, those who today do not believe, must be made to believe, and the only way we have to bring them to our camp is to prove that the Convention works and that they too should be part of this effort for the benefit of their people.
Conclusion
I believe that an international human rights convention is the new “universal language” for societies and individuals worldwide to discuss the way forward in realizing the human rights of all persons, including children with or without disabilities, in both developed and developing countries. It is a “living document,” taking account of the changing nature of disability and how it is inevitably a part of every individual’s life and part of every society. In this sense, the convention should enable interpretations for all disability-related action across a variety of contexts for flexible implementation in line with resources, culture, and other environmental factors.
Our work has just begun. Our resolve to make this Convention a reality from a metropolis, to the smallest rural village in our world would present us with a great challenge in this ever changing world.
We need to use the Convention to provoke changes in society – not only to rectify past discrimination against persons with disabilities, but also to create a society, based on justice and equity. Let this be our commitment: differences among individuals, shall not hinder enjoyment by all of the universally-recognized human rights.
This program that you are attending is also a milestone on the road to full enforcement of the rights of persons with disabilities. It will give you the tools to become not only knowledgeable about the new rights based model, but also convert you in leaders of the disability community in the world, as human rights activists for a cause that will affect billions of persons.
KAS Israel thanks Ambassabor Gallegos for his permission to publish the manuscript of his speech on our website.