UN Human Rights Treaties

UNITED NATIONS
A
General Assembly
Distr.
GENERAL
A/48/462
4 October 1993
ORIGINAL: ENGLISH
Forty-eighth session
Agenda item 109
SOCIAL DEVELOPMENT, INCLUDING QUESTIONS RELATING TO THE WORLD
SOCIAL SITUATION AND TO YOUTH, AGEING, DISABLED PERSONS AND
THE FAMILY
Implementation of the World Programme of Action
concerning Disabled Persons
Report of the Secretary-General
CONTENTS
Paragraphs Page
I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . 1 - 3 3
II. INTERNATIONAL COOPERATION . . . . . . . . . . . . . . 4 - 21 3
A. Disability and major international conferences
in the period 1993 to 1995 . . . . . . . . . . . . 4 - 9 3
B. International Conference of Ministers Responsible
for the Status of Persons with Disabilities . . . 10 - 11 4
C. Inter-agency collaboration . . . . . . . . . . . . 12 - 15 5
D. Asian and Pacific Decade of Disabled Persons,
1993-2002 . . . . . . . . . . . . . . . . . . . . 16 5
E. Role of international non-governmental
organizations . . . . . . . . . . . . . . . . . . 17 - 19 6
F. Standard Rules on the Equalization of
Opportunities for Persons with Disabilities . . . 20 - 21 6
93-53892 (E) 081093 /...
A/48/462
English
Page 2
CONTENTS (continued)
Paragraphs Page
III. OTHER ACTIVITIES OF THE UNITED NATIONS . . . . . . . 22 - 37 7
A. Facilitating coordination at the national level . 22 - 24 7
B. Presenting disability legislation . . . . . . . . 25 7
C. Establishment of a database and collection of
statistics . . . . . . . . . . . . . . . . . . . 26 - 27 8
D. Revision of the translations of the terms
"impairment", "disability", "handicap"
and "disabled person" . . . . . . . . . . . . . . 28 9
E. International Day of Disabled Persons . . . . . . 29 9
F. United Nations Voluntary Fund on Disability . . . 30 - 32 9
G. Towards a long-term strategy . . . . . . . . . . 33 - 34 10
H. Panel of eminent persons . . . . . . . . . . . . 35 - 37 11
IV. MONITORING OF THE MAJOR POLICY DOCUMENTS IN THE FIELD
OF DISABILITY . . . . . . . . . . . . . . . . . . . . 38 - 41 11
/...
A/48/462
English
Page 3
I. INTRODUCTION
1. To highlight the end of the United Nations Decade of Disabled Persons in
1992, the General Assembly at its forty-seventh session devoted four plenary
meetings to disability issues. The meetings served as a platform to reflect, to
give Member States the opportunity to take stock of the work already
accomplished, to identify the major challenges that lie ahead, and to reaffirm
their commitment to policies for the full integration of persons with
disabilities into society. The International Conference of Ministers
Responsible for the Status of Persons with Disabilities, held at Montreal,
Canada, on 8 and 9 October 1992, complemented the special plenary meetings.
2. During these meetings, Member States recognized the work achieved in the
area of policy formulation within the United Nations system. Throughout the
Decade, guidelines, manuals, programmes and plans had been drafted. The
expectations of the Decade had not, however, been fully realized. The
implementation of disability programmes had been hindered by a number of
factors, including the absence of effective monitoring mechanisms. The major
challenge of the post-Decade era would be to adopt activities with direct
benefits to persons with disabilities.
3. Following this debate, the General Assembly adopted resolution 47/88 of
16 December 1992 entitled "Towards full integration of persons with disabilities
into society: a continuing world programme of action". Reiterating the message
it had given at mid-decade through its resolution 45/91, the Assembly, in
paragraph 8 of the resolution, called for a shift of emphasis from awareness
raising to action and requested a strengthening of the leadership role of the
United Nations as a catalyst for change, as a standard-setting organization, as
a forum for the exchange of views and as a promoter of technical cooperation.
The Assembly then enumerated a number of measures to be taken or considered at
the national and international levels.
II. INTERNATIONAL COOPERATION
A. Disability and major international conferences in the period
1993 to 1995
4. The General Assembly has encouraged the consideration of disability issues
relevant to the subject-matter of major forthcoming international events.
5. With regard to the World Conference on Human Rights, held at Vienna in
June 1993, the Universal Declaration on Human Rights (Assembly
resolution 217 A (III), annex) had laid the foundation for many subsequent
declarations and resolutions concerning disabled persons, particularly the
Declaration on Social Progress and Development (Assembly resolution
2542 (XXIV)), the Declaration on the Rights of Mentally Retarded Persons
(Assembly resolution 2856 (XXVI)), and the Declaration on the Rights of Disabled
Persons (Assembly resolution 3447 (XXX)). The World Programme of Action
concerning Disabled Persons (A/37/351/Add.1 and Corr.1, annex, sect. VIII,
recommendation 1 (iv)) reaffirmed the principles contained in the Universal
Declaration. The Vienna Declaration and Programme of Action, adopted at the
/...
A/48/462
English
Page 4
World Conference on Human Rights, gives special reference to the human rights of
persons with disabilities and calls upon Member States to adopt the draft
Standard Rules on the Equalization of Opportunities for Persons with
Disabilities, which will be before the Assembly at its current session.
6. Preparations for the International Year of the Family (1994) include the
production of an explanatory leaflet on Rule No. 9 of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities, regarding family
life and personal integrity. The publication is scheduled for 1994.
7. The Fourth World Conference on Women: Action for Equality, Development and
Peace will be held at Beijing in 1995. It is recognized that women with
disabilities suffer from double prejudice - as women and as persons with
disabilities. A regional Conference on Sexual Abuse and Domestic Violence of
Disabled Women was organized by the Government of Austria and held in
November 1992. Further efforts are being made to include disability issues in
the preparatory process and in the agenda of the Fourth World Conference on
Women. The Economic and Social Commission for Western Asia has proposed a
regional meeting on the role of disabled women in the family.
8. The World Summit for Social Development will also be held in 1995. At its
thirty-third session, the Commission for Social Development noted the
interrelationships between the three core issues of the Summit: the enhancement
of social integration, particularly of the more disadvantaged and marginalized
groups; alleviation and reduction of poverty with emphasis on the situation of
vulnerable groups; and expansion of productive employment (see Assembly
resolution 47/92, para. 6). In selecting the issue of social integration, the
General Assembly has reaffirmed the need for assistance to disadvantaged and
marginalized groups, including disabled persons.
9. The International Conference on Population and Development, to be held at
Cairo in 1994, will provide another opportunity for addressing pertinent issues
on disability.
B. International Conference of Ministers Responsible for the
Status of Persons with Disabilities
10. It will be recalled that the General Assembly, in its resolution 47/88,
welcomed the initiative of the Government of Canada in convening the conference
and the decision of the Conference to establish a Working Group of Ministers.
The main objective of the Conference was to ensure that the activities of the
Decade continued and that they received attention at the highest political
level. The Working Group was mandated to define an ongoing mechanism that would
facilitate collaboration at the ministerial level. The Ministers expressed the
wish to tackle the implementation of the World Programme of Action more
forcefully, more expeditiously and more effectively. They also expressed their
desire to meet the challenges of translating the basic policy framework into
real and meaningful benefits for disabled persons.
11. Since October 1992, two sessions of the Working Group have been held. The
first, in January 1993 in Paris, established an international secretariat for
the Conference at Montreal, Canada. The second session, held in April 1993 at
/...
A/48/462
English
Page 5
Montreal, established two committees on legal, financial, and operational
issues.
C. Inter-agency collaboration
12. During the Decade, inter-agency meetings were held to facilitate the
implementation of the World Programme of Action. The tenth Inter-Agency Meeting
on the United Nations Decade of Disabled Persons was held at Vienna from 7 to 10
December 1992. The need for increased collaboration, including with
non-governmental organizations, was acknowledged. The advantages of a
multi-sectoral approach to technical cooperation were stressed. As a result of
a recent decision of the Administrative Committee on Coordination, Inter-Agency
Meetings on the United Nations Decade of Disabled Persons will be discontinued
as a formal forum. Consultations will, however, be held among agencies and
concerned organizations on an informal basis. The first inter-agency
consultation is scheduled for early 1994; it is envisaged that regional meetings
will be convened by United Nations regional commissions every other year.
13. Joint programming missions between the Secretariat and the United Nations
Development Programme (UNDP) took place between 1990 and 1993 in Cote d’Ivoire,
Ghana, Benin, Chad and Guatemala. A growing emphasis will be given to the
incorporation of a disability component into "social reconstruction" programmes
undertaken within the United Nations system.
14. In the region of the Economic and Social Commission for Asia and the
Pacific (ESCAP), the Inter-Organizational Task Force on Disability-Related
Concerns has been meeting since 1986. Composed of United Nations agencies and
non-governmental organizations whose work relates to disability issues, its
members collaborate through information exchange and networking.
15. The Assembly requested, in paragraph 8 (f) of its resolution 47/88, a
review of the Human Development Index to include an evaluation of the way a
society treats its disabled citizens as a factor of the quality of life in that
society. Work has begun on indicators for the Index, including through an
inter-agency consultation. The importance of accurate statistical data on
disability is fully recognized.
D. Asian and Pacific Decade of Disabled Persons, 1993-2002
16. At its forty-eighth session in April 1992, ESCAP adopted a resolution to
proclaim the Asian and Pacific Decade of Disabled Persons, 1993-2002, with a
view to giving fresh impetus to the implementation of the World Programme of
Action beyond 1992 and strengthening regional cooperation. The Meeting to
Launch the Asian and Pacific Decade of Disabled Persons was held at Beijing from
1 to 5 December 1992. The Proclamation on the Full Participation and Equality
of People with Disabilities in the Asian and Pacific Region and the Agenda for
Action for the Asian and Pacific Decade of Disabled Persons were adopted in
ESCAP resolution 49/6.
/...
A/48/462
English
Page 6
E. Role of international non-governmental organizations
17. The process of achieving a society for all must involve as many of the
social actors as possible. International non-governmental organizations have
played a vital role in the promotion of the disability programme, particularly
at the grass-roots level, and will continue to do so, notably in the
implementation of the Standard Rules on the Equalization of Opportunities for
Persons with Disabilities once they are adopted. The expertise, knowledge,
information and contacts held by international non-governmental organizations
should be put to the best use by the United Nations disability programme in
policy formulation, programme implementation and technical assistance to Member
States. Beyond the Decade, the NGO Consultative Forum, with an expanded
membership, will contribute to exchanges of information on policies and
practical experiences.
18. The International Disability Foundation, a private initiative, was recently
established at Geneva, with the aim of assisting non-governmental organizations
to coordinate their activities through an International Disability Center and to
provide liaison services to the United Nations and other international bodies.
19. Other initiatives in different regions should also have a positive impact
on the situation of disabled persons. In the European Community, the Helios
programme aims at comparing experiences and exchanging information and
innovative integration measures. Handynet is a multinational, multilingual
database involving 12 countries and 9 languages. The Horizon initiative aims
particularly at introducing good practices into the less developed countries of
the Community by involving proposals for joint projects from more than one
member State. The European Conference of Ministers has established a
Pan-European network of projects on independent living and equality with the aim
of exchanging information on good practice on independent living across national
frontiers. A significant strengthening of such development action is needed.
International cooperation for development must be seen as an intrinsic element
in efforts to improve the status of disabled persons in developing countries.
F. Standard Rules on the Equalization of Opportunities for
Persons with Disabilities
20. The General Assembly, in paragraph 9 of its resolution 47/88, urged the
Commission for Social Development to expedite the elaboration of the Standard
Rules. At its thirty-third session, the Commission completed its work on this
question and adopted a resolution recommending, through the Economic and Social
Council, the adoption by the Assembly of the Standard Rules. These rules
indicate the preconditions and target areas for equal participation, outline
implementation measures, and propose a monitoring mechanism. There are
22 proposed rules.
21. In section IV, Monitoring mechanism, of the draft Standard Rules, it is
indicated that a Special Rapporteur with relevant and extensive experience of
disability, issues and international organizations should be appointed, if
necessary, funded by extrabudgetary resources, for three years to monitor the
implementation of the Standard Rules. Also, it is suggested that, should
extrabudgetary resources be identified, one or more positions of Interregional
/...
A/48/462
English
Page 7
Adviser on the Standard Rules should be created to provide direct services to
States. These questions will have to be discussed by the General Assembly in
the context of its completion of the draft standard rules.
III. OTHER ACTIVITIES OF THE UNITED NATIONS
A. Facilitating coordination at the national level
22. In order to achieve social integration, social institutions must adjust and
society must change to accommodate the needs of all its members. Disability
issues need to be incorporated in the mainstream development programmes of both
national and international development agencies.
23. The integration process at the national level can be greatly assisted
through the strengthening of national capacities and institutions. In
paragraph 2 of its resolution 47/88, the General Assembly urged Governments to
show their commitment to improving the situation of persons with disabilities,
by, where appropriate, creating new or strengthening existing high-level
national coordinating committees or other similar bodies in accordance with the
Guidelines for the Establishment and Development of National Coordinating
Committees on Disability or Similar Bodies (A/C.3/46/4, annex I).
24. The Secretariat, with the assistance of the Government of Finland, is
preparing a manual on the integration of disability issues into national
planning and development projects. Completion and field testing of the manual
are planned in 1994. The Secretariat has also assisted Member States in the
formulation of regional training seminars for strengthening national
coordinating committees or similar bodies in five geographical regions, with a
view to adapting the Guidelines for the Establishment and Development of
National Coordinating Committees on Disability or Similar Bodies. Four regional
training seminars - for Eastern European and Baltic States, for Latin American
States, for the Commonwealth of Independent States, and for South Asian States -
are scheduled in 1993 and 1994, two of which have incorporated legislative
issues in their agenda. The training seminar for the South Asian Association
for Regional Cooperation (SAARC) countries was conducted in Nepal in May 1993.
With funding assistance from the Government of Italy, six of the seven SAARC
countries were represented. The seminar requested national governments to take
immediate steps to form national coordinating committees on disability and
related issues and also to establish a pan-SAARC regional body of national
committees. An ad hoc committee has been formed under the convenorship of Nepal
to coordinate efforts for the regional body. In addition, the Directory of
National Coordinating Committees, originally compiled in 1991, is currently
being updated.
B. Promoting disability legislation
25. Disability-specific legislation is not only a means of establishing and
promoting the rights of disabled persons, but is also an important step in
ensuring that those rights are enforced. An increasing interest in disability
legislation has been witnessed over recent years, particularly in developing
countries, while other more industrialized countries have enacted comprehensive
/...
A/48/462
English
Page 8
legislation. In an attempt to assist Member States in the development of
appropriate legislation, the Secretariat is currently preparing a manual on
disability legislation in developing countries, which is being co-financed by
the Government of Sweden. The manual will offer guidelines for the drafting of
legislation and provide model statutes. Special attention will be given to the
legal protection of persons with disabilities at the local level. In addition,
the Secretariat and Harvard University School of Law, Cambridge, Massachusetts,
United States of America, have recently agreed to collaborate on the publication
of an annual review of disability law and social policy for the purpose of
providing a comprehensive survey of disability-related legal issues.
C. Establishment of a database and collection of statistics
26. A recent initiative of the Secretariat, receiving financial and in-kind
support of several Governments, is the establishment of the Clearinghouse Data
Base on Disability-Related Information (CLEAR). The Secretariat has begun
utilizing the CLEAR system for handling information requests. A comprehensive
questionnaire, produced for the collection of data, was initially distributed to
the specialized agencies of the United Nations system as well as to major
non-governmental organizations. The data obtained through this exercise will
enhance the clearinghouse capability of the United Nations to serve as focal
point on disability policies and programmes. The CLEAR software will be
extended to support multiple thesauri, allowing CLEAR to translate subject-based
queries for referral to other information services. Organizations that had been
identified as CLEAR Access Points will receive a special copy of the software
and regular data updates from the main CLEAR system. Access points will provide
individuals with a convenient method for registering inquiries to the CLEAR
information network. This method of access could be of particular importance in
developing countries, where the cost of telephone calls, faxes or access to an
on-line information network might be prohibitive.
27. In its resolution 47/88, the General Assembly requested the Secretariat to
continue to collect statistical data about disability matters and to publish
updated disability statistics. The International Disability Statistics Database
(DISTAT, version 2) is being prepared by the Statistical Office of the United
Nations for dissemination in 1993. DISTAT contains national disability
statistics from censuses, household surveys and administrative registries, and
presents data on 12 major socio-economic and demographic topics concerning
disability. A technical manual on methods of collecting and analysing
disability statistics is also under preparation, which will provide case-studies
of national survey experience in disability data collection. In addition, a
review of national approaches for disability data collection in population
censuses and administrative records will be presented. The International
Workshop on Development and Dissemination of Statistics on Persons with
Disabilities, organized by the Secretariat and Statistics Canada, was held at
Ottawa, Canada, from 13 to 16 October 1992. The Workshop considered the
concerns of producers of disability statistics, including survey directors and
data users in both government offices and research centres, regarding the need
for comparability and quality of disability data. An expert group meeting on
disability statistics is being planned to prepare international guidelines
needed for improved methods of collection, international comparability and
effectiveness of disability statistics.
/...
A/48/462
English
Page 9
D. Revision of the translations of the terms "impairment",
"disability", "handicap" and "disabled person"
28. Work is progressing on the finalization of the translation of the above
terms into the official United Nations languages. The international network to
improve the international classification of impairment, disability and handicap
(ICIDH) held its annual general meeting in November 1992 at Montreal. That
meeting’s deliberations complemented the work of the World Health Organization’s
committee charged with revising the ICIDH, which had its second meeting in
March 1992 in the Netherlands. The World Health Assembly in the spring of 1993
had considered a report on the status of the revision, with emphasis on the
international impact and numerous applications of the ICIDH. An inventory of
difficulties had been made by WHO. The importance of environmental factors in
the creation of handicaps was underlined. A review of the Chinese and Spanish
versions of the World Programme of Action concerning Disabled Persons by the
Governments of China and Spain, respectively, indicated the inappropriate
translation of disability-related terminology. Accordingly, at their own
initiative, these Governments have contributed revised versions of the World
Programme of Action, for use by the international community.
E. International Day of Disabled Persons
29. The anniversary of the adoption by the General Assembly of the World
Programme of Action concerning Disabled Persons falls on 3 December. To
commemorate this occasion and to ensure the continued promotion of disability
issues beyond the United Nations Decade of Disabled Persons, the General
Assembly at the special plenary meetings of its forty-seventh session adopted
resolution 47/3 proclaiming 3 December of each year as the International Day of
Disabled Persons. In its resolution 1993/18, the Economic and Social Council
recommended to the General Assembly at its current session the adoption of a
draft resolution on the International Day.
F. United Nations Voluntary Fund on Disability
30. In its resolution 46/96 of 16 December 1991, the General Assembly requested
the Economic and Social Council at its next session to give its views on the
continuation of the Voluntary Fund for the United Nations Decade of Disabled
Persons and to submit its recommendations to the Assembly at its forty-seventh
session. In its decision 1992/276 of 30 July 1992, the Council recommended to
the Assembly the continuation of the Fund beyond the Decade with new terms of
reference and under the new name United Nations Voluntary Fund on Disability.
In its resolution 47/88, the Assembly decided to continue the Fund and
encouraged the Secretary-General to explore diversified funding arrangements to
support and strengthen the Fund involving not only Member States, but also the
private sector, with due regard to the need for greater transparency in the
management of the Fund.
31. Accordingly, the Voluntary Fund for the United Nations Decade of Disabled
Persons, under its old name and mandate, ceased to exist on 31 December 1992.
From 1980 to 1992, the Fund had provided more than $3.2 million in co-financing
grants to 187 disability-related projects. The majority of projects supported
/...
A/48/462
English
Page 10
training activities for disabled persons in developing countries, closely
followed by support to technical exchange programmes, support to organizations
of and for disabled persons and data collection and applied research. The Fund
received contributions from 45 Member States and a number of private and
non-governmental organizations. Fund resources have been augmented by
project-specific co-financing grants - currently involving 21 projects - by the
Arab Gulf Programme for United Nations Development Programmes (AGFUND).
32. The United Nations Voluntary Fund on Disability came into operation on
1 January 1993. It will be used to strengthen technical cooperation activities
through the co-financing of field-based technical cooperation projects, with
special emphasis on least developed countries and especially disadvantaged
groups. The Secretariat has taken steps to publish a new information leaflet on
the Fund and a catalogue of projects available for funding. The information
leaflet will contain an overview of past activities and identify successful
projects and priority areas for future activities. The catalogue of projects
requiring co-financing partners will be published at regular intervals and will
contain project proposals which cannot be fully funded by the Fund.
G. Towards a long-term strategy
33. The political commitment evidenced at the end of the United Nations Decade
of Disabled Persons and the consequent initiatives that emerged have emphasized
the need for a strategy to coordinate their effective implementation. Efforts
to develop such a strategy evolved from the Expert Group Meeting on Alternative
Ways to Mark the End of the United Nations Decade of Disabled Persons, held at
Jarvenpäa, Finland, in May 1990 (see A/45/470). It was stressed that a strategy
should reflect the changing economic and social situation and political reality,
and that due account should be taken of the major international concerns such as
poverty, malnutrition, illiteracy, debt crisis, environmental pollution, armed
conflicts and their implications on disabled persons. The strategy should be
based on the priority themes of equalization of opportunities, full recognition
of the rights of disabled persons and independent living, and the goal of
self-advocacy and self-determination. The meeting also noted that any strategy
would be best served by the establishment of permanent structures and
mechanisms, in collaboration with organizations of people who are disabled, to
continuously advance and promote the rights of persons who are disabled.
34. Subsequently, the General Assembly in resolution 46/96 and the Economic and
Social Council in resolution 1991/9 recommended that a meeting of experts be
held with the objective of drawing up a long-term strategy to implement the
World Programme of Action concerning Disabled Persons to the Year 2000 and
Beyond, and that the meeting be held in conjunction with Independence ’92 - an
international symposium of organizations of disabled persons. The Meeting was
held in Vancouver, Canada in April 1992 and the resulting report (E/CN.5/1993/4)
was submitted to the Commission for Social Development at its thirty-third
session in February 1993. In its resolution 1993/20, the Council called for the
views of Member States on the subject. At the time of reporting, few replies
have been received. The General Assembly will be informed of the progress made
by the Secretariat in preparing a draft long-term strategy.
/...
A/48/462
English
Page 11
H. Panel of eminent persons
35. In paragraph 8 (c) of its resolution 47/88, the Assembly requested the
Secretary-General to consider the creation of a panel of eminent persons,
including persons with disabilities, to advise the Secretary-General on
disability matters. This request was made by the Assembly in the context of
moving the programme on disability from awareness raising to action and giving
higher priority and visibility to disability issues within the work programme of
the United Nations system.
36. International non-governmental organizations have expressed the view that
the panel should refer to the human rights of disabled persons, social
development, United Nations policy on disability, and employment of disabled
persons within the United Nations system. They noted that developing countries
should be represented on the panel, and that it should also consist of
representatives of organizations of disabled persons. Informal consultations
with some Governments suggest that the panel should consist of persons of high
status committed to the protection and promotion of human rights, development
cooperation and international solidarity.
37. At this stage, consultations on the need for such a panel and on possible
modalities of its functioning are still being pursued in the context of the
follow-up of the mandates given by the General Assembly on matters related to
social development.
IV. MONITORING OF THE MAJOR POLICY DOCUMENTS IN THE FIELD
OF DISABILITY
38. The United Nations disability programme has as its guiding documents the
World Programme of Action concerning Disabled Persons and, if adopted, the
Standard Rules on the Equalization of Opportunities for Disabled Persons. These
documents may be complemented by a long-term strategy on the implementation of
the World Programme of Action. Together, these documents provide the
substantive basis of the future United Nations disability programme.
39. The review and appraisal of the World Programme of Action is carried out in
five-year-cycles, with the first review undertaken in 1987 and the second review
in 1992. A third monitoring exercise would normally be scheduled for 1997 and
the fourth for 2002. Reports to the General Assembly will be submitted on a
biennial basis.
40. Should a Special Rapporteur be appointed to monitor the implementation of
the Standard Rules, a monitoring mechanism would focus on a limited number of
specific rules for in-depth evaluation. The Special Rapporteur would then
prepare monitoring reports for submission to the Commission for Social
Development.
41. There is a need for a review of these various monitoring and reporting
procedures. The Secretariat might make proposals in this regard.
-----