NGO Comments on the draft text
Draft article 18

Intervention by (Australian) National Association of Community Legal Centres, People with Disability Australia Incorporated, Australian Federation of Disability Organisations

Mr Chairman:

Thank you for this opportunity to address the Ad Hoc Committee.

The ability to effectively participate in civic affairs on equal terms with others is a condition precedent to the enjoyment of human rights. Due to structural and personal disadvantage, social isolation, discrimination, stigma and impairment, people with disability require specific assistance to participate in civic affairs on equal terms with others.

For this reason we applaud sub-paragraph (b) (ii) which recognizes the right of people with disability to form and join organizations of people with disability at national, regional and local levels. However we believe this obligation should be strengthened in three key respects as proposed by the Bangkok draft.

First, the article should make clear that people with disability are entitled to form and join ‘independent’ organizations. The independence of our organizations is a key dimension not captured in the current draft text, and is crucial to the integrity of our civic participation.

Second, the article ought to require States to “provide recognition and financial support to such associations in order to promote the full realization of the rights of persons with disability” as also proposed by the Bangkok draft. In the absence of public financial support for organizations of people with disability they will not be able to fulfill their role within civil society.

Third, the levels of participation of organizations of people with disability ought to be expanded to also recognize the crucial role they have to play at the international level, as our participation in the development of this convention clearly demonstrates. The role of our organizations in international affairs will become increasingly important as this convention enters into force, and as intergovernmental bodies and other multinational entities begin the process of adjustment to the requirements of the convention. Organisations of people with disability will have a crucial role to play in reporting, monitoring, and other compliance measures in relation to the implementation of the convention.

Sub-paragraph (c) requires States “to ensure that persons with disabilities and their organizations participate, on an equal basis to others, in all decision-making processes, in particular those concerning issues relating to persons with disabilities.” In our view this sub-paragraph ought to be strengthened to require States to recognize the primacy of the participation of people with disability in decision-making processes that affect our lives. We want more than equal standing with others on these matters. To facilitate our participation in public policy development, we believe the article ought to require States to establish central disability policy coordination points within and across Government.

In relation to establishing the right to accessible voting procedures, the scope of sub-paragraph (a) needs to be expanded to add the words “information and materials” to “voting procedures and facilities.” This is to ensure all dimensions of the voting process are accessible to people with disability. The article must also prohibit State laws from denying voting rights to people with disability on the basis on mental illness or intellectual impairment.

Finally, some of the language of the article requires significant strengthening. The term “actively promote” in paragraphs (a) and (b) should be replaced with the term “to ensure” in recognition that civic participation, including the right to vote are civil and political rights that must be immediately realized. The term “appropriate” in sub-paragraph (a) (i) should be deleted as it adds nothing to the meaning of the sub-paragraph and may allow it to be read down. For the same reason we recommend deletion of “as appropriate” from the chapeau of sub-paragraph (b).

Thank you for the opportunity to make this intervention.