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State of the Rights of Persons with Disabilities In Bangladesh 2009 Disability Rights Watch Group Bangladesh State of the Rights of Persons with Disabilities in Bangladesh, 2009 December 2009 Published By: Disability Rights Watch Group Bangladesh In association with: National Forum of Organizations Working with the Disabled (NFOWD) 8/9 Block-A Lalmatia Dhaka-1207 Bangladesh Tel: 88-02-9124487, 8120415 Email: Website: http://www.nfowd.com Supported By: Disability Rights Fund 89 South Street, Suite 203 Boston, MA 02111, USA http://www.disabilityrightsfund.org Printed at: Kathamuddran 111 South Bishil, Mirpur-1 Dhaka-1216 All information contained in this document is free for copying and circulation, provided that it is used for the development of persons with disabilities, and is not published, copied, printed or distributed commercially. For commercial use of information, prior written permission from the publishers shall be a pre-requisite. The publishers will appreciate recognition or reference of any information that is taken from this publication for reproduction. Preface Rights of persons with disabilities, is one of the least understood, or rather, one of the most misunderstood issues in the vibrant development arena in Bangladesh. It therefore, also has historically remained as one of the most neglected & forgotten development agenda both by the State & the non-state actors. People with disabilities have always been considered as recipients of charity & welfare. By the late 90’s, almost all donors in the development field started changing their support from a service-delivery approach to a rights-based approach. Providing a wheelchair to a person with a physical disability, in this change of approach, was considered a charity, not as a facilitation for the child to ensure his access to education, or for an adult woman to ensure her access to employment! This is only one example of how confusions have ruled the access to rights and fundamental freedoms, or even development of persons with disabilities in Bangladesh. Mainstream human rights organizations in Bangladesh have historically been publishing reports on the overall human rights conditions of the population of the country. Sporadically, they have often included chapters or sections on the rights of people with disabilities. We are indebted to them for highlighting the plight of such a large section of our national population, about 1.5 million people with disabilities. But this was not a regular phenomenon. So our voice was not heard always. On 13th December 2006, the UN General Assembly unanimously adopted the Convention on the Rights of Persons with Disabilities (CRPD), which then entered into force on 3rd May 2008. Being one of the pioneering countries to ratify the Convention, Bangladesh is now pledge bound to implement the human rights treaty in its entirety, which we believe, will gradually pave the way for ensuring the rights of persons with disabilities in this country. Following the adoption of the CRPD, the National Forum of Organizations Working with the Disabled (NFOWD), the apex federating body of all NGOs working in the disability development sector in Bangladesh, expressed its intention to form a Disability Rights Watch Group in the country, comprising of leading & eminent personalities from the vibrant civil society of the country, to act as a watchdog & pressure group in support of the disability movement of Bangladesh. The Disability Watch was officially launched on 16th February 2009. This group took upon itself a responsibility to document, on a regular basis, the existing human rights conditions of the persons with disabilities in the country, to help find amicable solutions. As a State Party to the CRPD, and also being one of the pioneers in doing so, Bangladesh needs to send its first official report to the UN International Committee on the Rights of Persons with Disabilities by 3rd May 2009. And from hereafter, an official report shall need to be submitted every four years. Along with the official report, the UN Committee will also accept alternative / shadow reports from qualified bodies in respective countries. The Disability Watch intends to do so. However, recognizing that the shadow report will only be meant for the eyes of the UN Committee, and that it too will be only in a short prescribed format, the Disability Watch decided to publish, on an annual basis, a detailed report on the overall human rights situation of people with disabilities of Bangladesh. We have started that initiative with this publication in 2009. While compiling this report, we have tried to provide an overall situation, from a rightsbased perspective that is prevailing in the country today. We have tried to analyze some of the laws and policies that affect lives & livelihoods of the people with disabilities in Bangladesh. A majority of this document is based on available secondary documentation, and its analysis from a rights perspective. In coming years, we intend to publish more hardcore evidence of the field realities that exist in the common Bangladeshi society. The information contained in this document is intended only to highlight and express the situation, not to criticize or condemn any organization, either in the Government or in the non-government sectors; such that remedial and/or corrective measures could be planned and taken to ensure development of the persons with disabilities of this country. It therefore would be appreciated if the information is taken in that spirit. Indeed, the responsibility to ensure rights & fundamental freedoms of the 1.5 million people with disabilities in this country lies primarily and principally with the Government of Bangladesh. But if all other sectors do not join hand in hand with the government, we will never see their rights and development being actually realized in the country even in years to come. Sincerely Quazi Rosy Convenor Disability Rights Watch Group Khandaker Jahurul Alam President NFOWD Table of Contents 1 Bangladesh – An Inventory 1 2 Introduction to the Rights of Persons with Disabilities 3 3 Milestones of the Disability Movement 5 4 The Policy & Legislative Framework in Bangladesh 9 5 Implications of Signature & Ratification of CRPD in Bangladesh 13 6 Major Players in the Country 17 Government of Bangladesh 17 Non-Government Organizations (NGOs) 20 DPOs and SHOs 21 Civil Society Organizations 22 Networks 22 INGOs & Donors 24 The Corporate Sector 26 Media 26 7 State of the Rights 29 Identity & Statistics 29 Education 30 Work, Employment & Access to income 31 Health & Rehabilitation 32 Freedom of movement & Accessibility 34 Disasters and Other humanitarian conditions 35 Participation & Voice 36 Information & ICT 36 Recreation & Cultural Activities 37 Sports & Games 38 Safety & Security 39 Access to Legal Support & Justice 39 Social Security & Social Justice 40 Minorities with Disabilities: 40 Inclusion Vs Exclusion 41 8 The Disability Rights Watch Group 43 9 The Parliamentarians’ Caucus on Disability 47 10 Conclusion 50 11 References 51 1 Bangladesh – An Inventory Bangladesh, one of the most densely populated countries in the world (over 1,000/sqkm), is directly located in the largest delta in the world, facing the Himalayas in the North, bordering India in the West, North and East, Myanmar in the South-East, and the Bay of Bengal in the South. Its geographical position makes the country highly prone to natural disasters. Crisscrossed by 230 recognized rivers, each year about 30% of the net cultivable land is flooded, while during severe floods, which occur every four to seven years, as much as 60% of the country's net cultivable land is affected. Moreover, since the Bay of Bengal records the world's most pronounced storm surge disasters, the densely populated coastal regions of Bangladesh are subject to damaging cyclones almost every year. These are further compounded with tornadoes that affect the plains almost every year leaving a trail of death and disability. Economically, Bangladesh has one of the lowest annual per capita incomes in the world (US$ 1,500 compared to the global average of US$10,500, ranking 197th in the World1), with a highly skewed income distribution where over 40% of national income goes to the top 15% of the population. Even though Agriculture is the premium bread earner of the common man, and the nation, it also has the highest percentage of people living in poverty where the poorest 10% and the middle 75% of the population are acutely and chronically malnourished respectively. Socially, patriarchy & a hierarchical view of life determine social relations, particularly among the resource poor, 85% of whom live in rural Bangladesh. While these features do not lead to the exercise of individual choice, paradoxically they also do not allow for the development of community or cooperative action. This notwithstanding, it is equally true that the family, including the larger kin group, constitute powerful & determining elements in the fabric of the Bangladeshi society. Therefore, positive action, where it does occur, almost invariably takes the form of family or kin based action. Culturally, Bangladesh is by & large homogeneous, with a few indigenous & ethnic groups living in some of the remote mountain regions. The majority of the population is Muslim and almost all citizens speak one language, Bangla. A country with a population close to 150 million people, it has a large human resource base. This compounded with some natural resources, and a potential field for tourism could have raised the profile of the country manifolds. Yet political intolerance, large-scale inaction in almost all sectors and corruption had branded this country in the past as a ‘bottomless basket’ and the ‘most corrupt country’ in the world. However, a few very positive measures from the Government in the recent years have initiated a change in that context, and our image in the international forum is improving considerably. 1 The CIA World Factbook, 2008 estimates, available on the internet at: Click This Link 2 History of the CRPD Three initial attempts to persuade the international community to develop a human rights convention in respect of persons with disabilities failed. • 1982: Sponsored by Italy • 1987: Sponsored by Italy • 1989: Sponsored by Sweden The reasons for their failure are multi-factorial, but apparently • the belief that rights of persons with disabilities were adequately dealt with in universal human rights instruments; • the inability to convince the international community that persons with disabilities experienced specific and aggravated forms of human rights violation; and, • diminishing support for civil right based approaches to human rights, particularly among developing and transitional nations. In 2000 United Nations formulated the Millennium Development Goals (MDGs), which aim, among other things, to halve global extreme poverty by 2015. Persons with disability were not identified as a specific target group for action in the MDGs, even though this group is significantly over-represented amongst the world’s socalled “poorest of the poor”. In 2001, based on this omission, Mexico spearheaded another campaign to develop a human rights convention in relation to persons with disability. When the issue was raised for debate at the 56th Session of UNGA in December 2001, a resolution to develop a HR instrument in relation to persons with disability was adopted by consensus, without a vote being necessary. An Ad Hoc Committee was constituted. Over the next five years, this AHC sat in 8 sessions to finalize the draft. On 13th December 2006, the UNGA unanimously adopted the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol (OP), as the 8th Human Rights Treaty, and the first such treaty of this millennium. 3 Introduction to the Rights of Persons with Disabilities Rights of persons with disabilities is one of the most misunderstood areas of the development arena in Bangladesh, and also one of the most common un-forgotten development agenda. A proximate population of 15 million, issues concerning persons with disabilities is not addressed by mainstream human rights, women’s rights, child rights, religious minorities’ rights or indigenous peoples’ rights organizations. People with disabilities in Bangladesh are equally entitled to all the rights, entitlements and fundamental freedoms enshrined in the national constitution for all citizens in the country. In addition to the constitution, all other treaties and/or instruments concerning human rights that the Government becomes a party to, either by signature or ratification, should be accessible to people with disabilities on an equal basis with others. For example, the CRC applies in its entirety to all children with disabilities, not only its Article 23, as is most commonly assumed. Similarly, with CEDAW, all women with disabilities are entitled to be protected against any discrimination, whatsoever, as the non-disabled women are. The National Policy on Children should cover and protect the rights of all the children in the country, including children with disabilities. The National Policy on Women covers all women, including women with disabilities. However, since these national documents specifically do not mention issues relating to persons with disabilities, their concerns are generally overlooked by both the Government and NGO initiatives. One of the major reasons for people with disabilities not enjoying their rights and entitlements are the general inaccessibility of infrastructure. But that itself is again a highly misunderstood area. The general perception of accessibility to the common person is centered around the accessibility of a wheelchair using person. And that too is only principally confined around the external entrance of a building. People generally perceive that, if there is a ramp at the external entrance of a building, it covers accessibility for all. While this is a major step in the right direction, a ramp is not the only solution. There are plenty of buildings that have been fitted with a ramp, but have not thought about an accessible toilet for a person using a wheelchair. Again, the surface of the ramp is important. It might look good with a glossy tiled finish, but that would be extremely difficult for a wheelchair user, because the wheels will not grip the surface, and could cause an accident. Similarly, glossy floor tiles would be extremely difficult for a person using crutches to walk on. A toilet might have enough space, but not wide-enough doors. Or it might not have handrails for the person to shift from a wheelchair to the seat, and vice versa. A building with good accessibility features may not again be adequately accessible for people with visual impairments. An auditorium with poor acoustics would be a disturbing place for such people. Bangladesh has a Right to Information Act in place now, but if information is not provided in accessible formats, such as Braille, large print, and/or electronic formats, it means little to people with visual impairments. For those who have access to and skills for ICT, electronic copies in Bangla is a hindrance, as there are still no screen reading software that can read documents in Bangla. Even in English, most screen readers cannot yet read PDF documents. People with hearing & speech disabilities cannot generally communicate as most of the establishments do not have either sign interpreters, or people who can understand or 4 communicate using signs. Most sign users also do not have training on formal sign languages, and so still communicate using indigenous signs. Bangladesh is a party to the international campaign of Education For All by 2015. There are about 1.6 million children with disabilities within the Primary School going age, amongst whom only a mere 4% have access to education. If they are not proactively brought into schools, and school environment not made disability-friendly, by adequately training the teachers, bringing forth flexibility in the curriculum, adapting the school infrastructure, awaring the non-disabled peers about the special needs of such children, the global target will never be reached in the country. International instruments concerning rights of persons with disabilities have been signed by the Government of Bangladesh, but most are still not being implemented. Until and unless disability is addressed and accepted as a cross-cutting development and rights based agenda by all, people with disabilities in Bangladesh will continue to be denied their rights, privileges, entitlements and fundamental freedoms. 5 Milestones of the Disability Movement The dignity, rights and privileges of persons with disabilities have been upheld in many international and national events, instruments, declarations, treaties, commitments, covenants and conventions over time. Its needless to say that, at the international level, the United Nations and its sister concerns have played the most effective role to this end. While some of these events and instruments have been specifically on disability issues, there have been some others, which where from a far broader perspective, also inclusive of people with disabilities. Below is a chronological list of some of these events, which have at the least earmarked the beginning of some movements that could positively influence the lives and livelihoods of persons with disabilities. Year Date Agent Event 1921 James Biggs of Bristol, UK invents the White Cane 1948 Dec 10 UNGA Universal Declaration of Human Rights 1964 Oct 06 US Congress Legislation enacted declaring October 15 as White Cane Safety Day in USA 1966 Dec 16 UNGA International Covenant on Economic, Social & Cultural Rights 1966 Dec 16 UNGA International Covenant on Civil and Political Rights 1969 Oct 02 IFB Declaration of 15th October as World White Cane Safety Day 1969 Dec 11 UNGA Declaration on Social Progress and Development 1971 Dec 20 UNGA Declaration on the Rights of Mentally Retarded Persons 1975 Dec 09 UNGA Declaration on the Rights of Disabled Persons 1976 Dec 16 UNGA Declaration of 1981 as the first International Year for Disabled Persons (IYDP) 1979 Dec 18 UNGA Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1980 WHO WHO Defines Impairment, Disability & Handicap 1981 Jan 01 GOB Formal inauguration of the RIHD 1981 July GOB National Committee for the Observance of the International Year of Disabled Persons 1981 Sept GOB 1st National Seminar of the Ministry of Social Welfare on the International Year of Disabled Persons 1982 Dec 03 UNGA World Program of Action concerning Disabled Persons 1982 Dec 03 UNGA Declaration of the United Nations Decade of Disabled Persons, 1983-1992 1989 Nov 20 UNGA Convention on the Rights of the Child 1990 Mar 05- 09 UNESCO Jomtien Declaration - Education For All (EFA) 1991 Feb 03 NFOWD NFOWD Established 1991 Mar 03 9 Southern African Countries Harare Declaration On Legislation Of Opportunities For Disabled People 1991 UNGA Social Development Strategy for the Economic and Social Commission for Asia and the Pacific (ESCAP) 1991 Oct ESCAP Fourth Asian & Pacific Ministerial Conference on Social Welfare & Social Development supporting the 2nd Decade on Disability 1992 Dec UNGA Declaration of December 3 as International Disability Day 6 Year Date Agent Event 1993 Apr 23 ESCAP Declaration of Asian & Pacific Decade of Disabled Persons, 1993-2002 1993 Aug 23 GOB Bangladesh becomes a signatory country to the ESCAP Decade Declaration 1993 Dec 20 UNGA Standard Rules on the Equalization of Opportunities for Persons with Disabilities 1994 Jun 07- 10 UNESCO World Conference on Special Needs Education – Salamanca Declaration 1994 UNSG Benqt Lindqvist of Sweden is appointed as the first Special Rapporteur on Disability of the United Nations Commission for Social Development 1995 Nov GOB Adoption of a National Policy on Disability 1997 Dec 06 SANCBR Dhaka Declaration on CBR for People with Disabilities 1998 SAARC Upon a proposal from Bangladesh, at its Summit in Nepal, SAARC adopts a resolution to create a SAARC Disability Fund 1999 GOB Declaration of first Wednesday of April as the National Disability Day 2000 Feb 16 GOB Gazette notification on establishment of the National Foundation for Development of the Disabled Persons (NFDDP) 2000 Apr 26- 28 WEF Dakar Framework For Action 2000 Sep UNGA Millennium Development Goals adopted by Heads of States 2001 Apr 04 GOB National Parliament enacts “Disability Welfare Act 2001” 2001 Apr 09 GOB Gazette notification on enactment of “Disability Welfare Act 2001” with effect from August 1, 2001 2001 Dec 04 GOB First meeting of Inter-Ministerial Task-force on Disability 2001 Dec UNGA AD Hoc Committee to formulate Convention on the Rights of Persons with Disabilities (CRPD) established in 56th Session 2002 Mar 07 GOB Declaration of short term and long term programs on Disability by the Government of Bangladesh 2002 Nov ESCAP Declaration of Biwako Millennium Framework for Action and ESCAP Millennium Decade 2003-2012 2003 Jan 01 GOB GOB for the first time distributes funds to a large number of NGOs working in the field of Disability 2003 UNSG Sheikha Hessa bint Khalifa bin Ahmed al-Thani of Qatar is appointed as the Special Rapporteur on Disability of the United Nations Commission for Social Development for the period 2003 to 2005 2003 Dec 11 NFOWD At the closing of a 3-day Regional Symposium, the Dhaka Declaration on Disability is adopted 2004 GOB Provisional approval of National Action Plan on Disability by the Inter-Ministerial Taskforce on Disability 2004 Feb NFOWD First national consultation on draft CRPD 2006 Dec 13 UNGA Adoption of Convention on the Rights of Persons with Disabilities (CRPD) & Optional Protocol (OP) 2007 Mar 30 UNGA CRPD open for signature & ratification 2007 May 09 GOB Bangladesh signs CRPD as the 91st Member State 2007 Nov 30 GOB Bangladesh ratifies CRPD as the 8th Member State 2008 May 03 UNGA Entry into Force of CRPD & OP 7 Year Date Agent Event 2008 May 13 GOB Bangladesh ratifies OP as the 16th Member State 2008 Nov 03 UN First Conference of State Parties on CRPD elects a 12 member International Committee on the Rights of Persons with Disabilities. Mr Monsur Ahmed Choudhuri of Bangladesh secures highest votes and gets elected for a 4-year term 2009 Feb 16 The Disability Rights Watch Group is officially launched in Bangladesh 2009 Feb 23 ICRPD First meeting of the International Committee on the Rights of Persons with Disabilities 2009 Mar 05 GOB National Committee for Monitoring the Implementation of CRPD is constituted 2009 Sep 02 UN Second Conference of State Parties on CRPD 2009 Nov 23 The Bangladesh Parliamentarians’ Caucus on Disability officially is launched in the Bangladesh National Parliament premises 8 Bangladesh Involvement in the CRPD Process Bangkok Draft: October 2004 Dhaka Workshop: February 2005 6th Session of AHC: August 2005 Demands participation of children with disabilities 7th Session of AHC: January 2006 Two children with disabilities from Bangladesh participate in Session Dhaka CRPD Roundtable: April 2006 National positioning of GOB on CRPD 8th Session of AHC: August 2006 First effective participation of GOB EU Conference: November 2006 Entry into force Celebrations: May 2008 1 of only 6 States to speak at UNHQ 9 The Policy & Legislative Framework in Bangladesh On 10th April 1971, through the Proclamation of Independence, a temporary Government had taken oath to govern this new sovereign Nation called Bangladesh, which had declared its independence only a few weeks earlier. This Proclamation, which later formed the basis of the National Constitution (1972) mentioned that, independence for this nation was being declared “…in order to ensure for the people of Bangladesh equality, human dignity and social justice…”! Therefore, according to many articles set forth in the National Constitution of Bangladesh, especially Articles 10, 11, 15, 17, 19, 20, 21, 27, 28, 29, 31, 32, 36 etc. the Government of Bangladesh pledged to protect the rights & dignity of all citizens of Bangladesh, equally, and without any biasness or discrimination whatsoever. The Constitution also provides room to adopt additional and/or supplementary provisions to ensure that the citizens, who do not have access to all the public amenities, also can be equitably & proactively developed towards that end. This has given the government ample opportunities to develop a set of legislative & policy frameworks for the development of people with disabilities in the country. In accordance with all national and international commitments/obligations, and under the purview of the National Constitutional provisions, the Government of Bangladesh developed a National Policy on Disability in 1995. This was the first official recognition by the Government to the issue of Disability as a development agenda. In fourteen sections, the policy document described in details what the GOB would like to take up for the development of people with disabilities in this country. The sections are: • Prevention • Employment • Identification & intervention • Research • Early Intervention • Accessibility & Communication • Assistive Devices • Information • Education • Recreation • Rehabilitation • Self-help Movement • Human Resources Development • Implementation & Coordination The Policy was given a legislative back up by enacting the Disability Welfare Act, which was adopted in the National Parliament on 4th April, 2001 and was brought into force on 1st August of the same year. This was the first time that a national definition and classification of disability was provided. The law outlined the constitution of (a) the National Coordination Committee, chaired by the Minister, Ministry of Social Welfare (MOSW), (b) the National Executive Committee, chaired by the Secretary of MOSW, and (c) a District Committee at each of the 64 administrative districts, chaired by respective Deputy Commissioners. The law emphasized the necessity to identify all persons with disabilities and provide them with identity cards by the District Committees, which would help them in accessing public and private amenities/utilities, which the GOB stressed out in a set of ten schedules. These are as follows: • Prevention of Disabilities • Rehabilitation and Employment • Identification of Disability • Transport Facilities • Curative Treatment of Disability • Culture • Education • Social Security • Health Care Services • Organizations of the People with Disabilities 10 In addition to the above, in March 2002, an executive order was issued by the Office of the Prime Minister, declaring a set of Short Term & Long Term activities to be addressed by the GOB. The Short Term Activities: • Establish separate ticket counter at railway station, bus terminal, river port, Launchsteamer port, air port and air office to ensure the easy transport access of the people with disabilities throughout the country; • Reserve specific number of seat in bus, train, launch and steamer for the people with disabilities; • Fill up the 10% quota at government service for orphans and people with disabilities; • Open a complain box at department of social service to stop the harassment of the people with disabilities; • Construct slope way (ramp) to ensure the easy access of the people with disabilities of every government office; • Overrule all the barriers for the people with disabilities in the recruitment process of 1st and 2nd class government jobs; Long term Activities: • Start micro-credit program by every Nationalized bank for the people with disabilities; • Ensure that every government organizations Who will be the possible user of plastic products produced by the Maitry Shilpa under the social service department should purchase the products without any tenders; • Increase the government’s financial grants to the NFDDP up to 20% However, existing Laws are inadequate and mostly welfare oriented. The stakeholders who are enshrined with the responsibility to uphold the laws and policies are often inadequately informed and/or not adequately aware or sensitized on disability issues. As such, disability is not prioritized as a rights issue and the national documents are rarely disseminated. At the same time, there are conflicting laws and policies (e.g. the Lunacy Act, Employment rules, Allocation of Business of different Ministries) resulting in a lack of inter-ministerial coordination, and also improper & contradictory interpretation of laws and policies. National & local committees constituted under the laws and policies are rarely active and are rarely aware of their roles & responsibilities. International charters/declarations/treaties etc. are often signed/ratified without in-depth understanding and so there remains a lack of commitment to fulfill these. Frequent transfer/turnover of policy makers and implementers is yet another problem. The process of review/amendment of these laws and policies are also very lengthy and complicated. As a result, whatever development initiative takes place is centralized and time-consuming. In a country where the mere recognition of the existence of persons with disabilities is at stake, the GOB had adopted the national Policy on Disability in 1995. The legislation to uphold the Policy, was drafted by the National Forum of Organizations Working with the Disabled (NFOWD) in association with other NGOs, disability activists, journalists, lawyers and people with disabilities themselves. It required 6 years of campaigning and influencing, and finally the legislation came about in April 2001. But this too has been renamed as the ‘Disability Welfare Act 2001’, deleting the development and rights components and instead keeping it merely as a ‘welfare’ issue. Under the purview of the Inter-Ministerial Taskforce of Disability, a National Action Plan had been drafted in 2002 by a team with the key support 11 from NFOWD. The Action Plan finally got approved by the National Coordination Council in late 2006, but without any updating of issues that had changed over these four years. The Disability Welfare Act was enacted in the National Parliament in 2001 as a Finance Bill. But no funding had been allocated against its implementation in the five annual national budgets that followed. Seven years after the law had been enacted, the Rules for its implementation had finally been published in the form of a gazette in 2008. Indeed over these years the GOB had allocated funds concerning people with disabilities in the national budgets, but these had all been under the social safety-nets. Under the Department of Social Services, GOB introduced a micro-credit scheme for acid survivor women and persons with physical disabilities, and a monthly disability allowance. The allowance now stands at a mere USD 4.50 per month amongst 250,000 people. Over the last two fiscal years, an educational stipend has also been introduced amongst students with disabilities at different formal educational level. About 14,000 students with disabilities now have access to these grants, whereas, the Department of Social Services itself had identified over 52,000 students with disabilities in different formal educational institutions even through a hastily conducted sketchy survey during the last fiscal year. Up until recently, there has always been a lack of political commitment towards the concerns of persons with disabilities. During the Parliamentary Elections of 2001, only one major political party had mentioned disability issues as part of its political and election agenda. As such, historically the National Policy had been declared only about two months before the erstwhile Government stepped down from power, the legislation had similarly been adopted by the following Government only about three months before stepping down from power, the national action plan was again approved only about a month before the concerned Government stepped down from power. The Rules to uphold and implement the legislation was adopted by the temporary Caretaker Government. It is not unknown that each of the new Governments that came into office almost nullified the development policies of the previous Government in almost all cases. A welcome change had however been observed in recent years. As a result of the strong advocacy initiatives of the NGOs led by NFOWD, all major political parties strongly included disability related issues in the respective election manifesto prior to the 9th Parliamentary Elections at the fag end of 2008. By this time, United Nations had also adopted the Convention on the Rights of Persons with Disabilities (CRPD), and Bangladesh had been one of the pioneering countries to ratify this human rights treaty. So it was easier to convince the political parties that disability should be part of their respective political agenda. The Bangladesh Awami League led multi-party coalition, which subsequently won the elections with a landslide victory, specifically committed to even amend and upgrade the disability legislation according to the needs of the times. Immediately after the new Government came into office, the Ministry of Social Welfare took upon its task to amend the legislation, and established a special committee towards this end. This Committee has asked NFOWD to help it draft a human rights based law, under the provisions of the CRPD. Throughout the year of 2009, this draft has gone through many updated versions following a series of consultations across the country. The initial plan was to submit the draft to the Government before the end of the year. However, the newly established Parliamentarians’ Caucus on Disability has taken the leadership, and plans to take the draft through a few more discussions before it is finalized and handed over to the concerned bodies of the Government. This will happen sometime in 2010. 12 Bangladesh in the CRPD Timeline UN Adopts CRPD: 13 December 2006 Opens for signing: 30 March 2007 Signed CRPD: 09 May 2007 As the 91st UN Member State Ratified CRPD: 30 November 2007 As the 1st Muslim State As the 2nd SAARC Member State As the 3rd Commonwealth State As the 8th UN Member State Ratified Protocol: 12 May 2008 As the 16th UN Member State Entry into Force: 03 May 2008 13 Implications of Signature and Ratification of CRPD in Bangladesh Different countries have different official mechanisms to signs and/or ratify an international treaty/declaration/convention. In some countries, it is the lone head of the State or the head of the government who can make the decision. In some countries it requires a mandate from the parliament, while in others, as in Bangladesh, it depends on a decision of the Cabinet. Some countries, especially those in the West, initially sign the treaty, and then change or modify their laws and policies aligning them with the spirit and contents of the treaty before ratification. But in many other developing countries, including Bangladesh, the general practice is to initially sign and ratify the treaties first, and then aligning their laws and policies with the treaty. Historically, it has been noticed that Bangladesh signs & even ratifies most international human rights treaties/instruments, and then gradually changed its laws. Examples are the CRC and the CEDAW. Similarly, with the CRPD, Bangladesh was the 91st UN Member State to sign the document on 9th May 2007, and the 8th UN Member State to ratify on 30th November 2007. In doing so, it became imperative on the country to align all its laws and policies to the CRPD. The next year, on 12th May Bangladesh was the 16th UN Member State to even accede (ratify without signing) to the Optional Protocol. By following this step, Bangladesh also expressed its commitment & allegiance to the International Committee on the Rights of Persons with Disabilities. According to Article 4-1 (a) & (b) of CRPD, Bangladesh now should amend, update and/or modify all its national laws and policies (including its disability related legislation and policies) in the spirit and content of the CRPD. Up until the 8th National Parliamentary Elections (held in 2001), there never has been pronounced political commitment expressed by the major political parties towards disability issues. During the 2001 elections, only one of the noted political parties (the fundamentalist Jamat-e-Islami) had addressed the issue, but still from a very welfare oriented perspective. The 9th Parliamentary elections saw a welcome change in this regard, in a response to widespread campaigns of the NGOs, especially led by the national network (NFOWD). All major political parties and camps addressed disability issues from a rights perspective, including the Bangladesh Awami League (AL), which ultimately won a landslide victory. In its election manifesto (Article 10.6), AL also went ahead declaring its intent to amend and update the old Disability Welfare Act 2001 according to the needs of the times, implying aligning it with the CRPD. The Disability Welfare Act 2001 is based on medical, welfare and charity based approach whereas CRPD has been framed and adopted by the United Nations considering fundamental freedom and basic rights of persons with disabilities with diverse socioeconomic & cultural differences. This distinction of the International Convention and National Law concerning persons with disabilities clearly show that there are differences & inconsistencies in certain major areas between the two instruments. The Disability Welfare Act 2001 is entirely farmed on the principles of medical, welfare and charity based approach. Moreover, Rules under the Act has also limitation to cover the protection and promotion of the rights of persons with disabilities. It is evident that due to the lack of serious political commitment in last eight years since 2001 and its Rule 2008 are in no way useful or supportive to the needy disabled persons in Bangladesh. Not a single instance of litigation by a person with disabilities is found for relief before the court of law for justice under this Act. The National Coordination Committee on Disability headed by 14 political Minister was seriously neglecting the subject matter, even by violating the provision of the Act. Similarly the National Executive Committee headed by the civil servant (Secretary of the Ministry of Social Welfare) was equally indifferent. There was lack of accountability & transparency. The policy makers of the government must adhere to the legislation enacted by the parliament and comply with international human rights instruments ratified by the government including its Optional protocol for persons with disabilities. Allocations of Business of the different ministries of the government should be inclusive of concerns of persons with disabilities. Currently all development issues concerning disability is placed under the Ministry of Social Welfare. As a result other ministries concerned with development work such as, Ministry of Primary & Mass Education, Ministry of Education, Ministry of Women & Children Affairs, Ministry of Youth & Sports, Ministry of Communication, Ministry of ICT, Ministry of Information etc. do not take into account disability as a crosscutting development issue in their respective ministry’s annual development programs. A large number of public servants are not oriented and trained on disability and development. Consequently, a lack of awareness, indifferent attitude and negative mindset seriously act as obstacles for the development of persons with disabilities in Bangladesh2. At present Bangladesh Bureau of Statistics conducts a national census every 10 years in Bangladesh but accurate information about the segment of disabled population is never recorded. The latest report of Bangladesh Bureau of Statistics (following the 2001 Census) speaks about 0.47 percent disability prevalence rate which is seriously incorrect. The National Budget is generally drawn on the basis of the size of population. Therefore, it is reflected in the national budget of Bangladesh as follows: in 2008-09 an amount of Eight Hundred Million taka (USD 1.2 Million) was allocated. It is also observed that a large sum of budget allocation is spent for operational and infrastructure cost and therefore direct assistance to the persons with disabilities is far below. Bangladesh is heading for its next national census in 2011. It is imperative that the entire census process is inclusive of information on persons with disabilities. Article 31 Section 2 of the CRPD states that, “The information collected in accordance with this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties’ obligations under the present Convention and to identify and address the barriers faced by persons with disabilities in exercising their rights.” It is thus obligatory that the census not only looks into the prevalence, but also the overall socio-economic situation of persons with disabilities and their families for proper future intervention planning purposes. The illiteracy, ignorance and conservative outlook still play a dominant role to conceal or hide disabled member(s) in the family, particularly the women with disabilities are concealed in the family by their parents for the fear of the marriage of their non-disabled daughters. Superstition is still quite strong in the rural society. Social stigma and prejudices are still strongly valid in some communities about the persons with disabilities. It is found from experience of NGOs working across the country that visually impaired male persons may get married much more easily, whereas a visually impaired female person does not generally find a partner easily. Such facts of life are rather common in the society of Bangladesh. Therefore article 8 of CRPD ‘awareness raising’ is most essential. Potential persons with disabilities should be considered with positive view. Nation wide campaign and advocacy for 2 Choudhuri, MA, (2009) National legislative measures on disability and its harmonization with Convention on the Rights of Persons with Disabilities (CRPD) in Bangladesh, UNESCAP 15 the rights of persons with disabilities should be carried out. Government machinery along with academic circle, NGOs, DPOs, print and electronic media together with civil society should play the role of major actors in projecting the positive image of persons with disabilities. The role of electronic and print media in the recent time is appreciated to sensitize the issue in different quarter. Article 35 (Reports by States Parties), Section 1 states that, “Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned.” Since Bangladesh is one of the pioneering countries to ratify the CRPD, the Government of Bangladesh is pledge bound to submit a detailed report, as per the prescribed format of the International Committee, by the 3rd May 2010. The preparation of the report should be done through an open and transparent process, following Article 4 Section 3 of the CRPD, which states “In the development & implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.” In pursuit of this measure, the Government of Bangladesh has already commissioned a Committee under the purview of the Ministry of Social Welfare. However, it is imperative that the Committee now moves forward, effectively involving persons with disabilities and their organizations, including those working with women & children with disabilities as early as possible, such that the deadlines could be met. 16 Bangladesh: Progress of Implementation of the CRPD • 46 Focal Points established in different Ministries & Departments • Prime Minister’s Office to monitor activities of Focal Points • Elected as Member of International Committee on CRPD at Conference of State Parties • Progressing towards changing Allocation of Business • GOB Committee established to monitor implementation • Committee is preparing for reporting to International Committee • Official Bangla version has been published • Popular Bangla version has been published • Disability Rights Watch Group from civil society has been formed • GOB Committee launched for developing new HR based law • NFOWD is officially requested for drafting new HR based law • Law draft is in its finalization process • Parliamentarians’ Caucus on Disability has been officially formed 17 Major Players in the Country a) Government of Bangladesh In Bangladesh, the Ministry of Social Welfare, the Department of Social Services and the National Foundation for Development of the Disabled Persons are the three government bodies to cater to the issues of persons with disabilities. Ministry of Social Welfare The Ministry of Social Welfare had been responsible for adopting the National Policy of Disability in 1995 and the Disability Welfare Act in 2001. Since then, by heading an Inter- Ministerial Taskforce on Disability, involving key government representatives from 16 different Ministries and Departments and a few Disability Rights Activists, the Ministry had drafted a comprehensive National Action Plan on Disability. The Plan was then approved by the National Coordination Committee in 2006. The Ministry had also played some role in incorporating Disability issues into the national Poverty Reduction Strategy Paper (PRSP). It has launched a Committee for monitoring the implementation of the CRPD in Bangladesh. Department of Social Services The Department of Social Services is the implementing wing of the Ministry of Social Welfare and has offices up to the remote Upazilla (sub-district) level across the country. Disability is only one amongst many different vulnerable target groups they address. However, as the name of the ministry itself suggest, the DSS treats disability as a welfare & charity issue and not as a rights issues. As such, even though they are responsible for the 64 integrated education programs (one in each district) for the children with visually impairments, and the other handful of special schools for the children with visual, hearing & speech, intellectual and physical disabilities, all their work is still from a charity perspective. In all their educational institutions combined together, they can cater to less than 1,300 children with disabilities every year, where a large number of those few seats also remain vacant due to negligence of the concerned authorities. Apart from education, the DSS also runs a handful of rehabilitation programs for people with different types of disabilities from different centers located across the country. For the last few years (since 2003), along with women victims of acid violence, the DSS had initiated a micro-credit program for people with physical disabilities. Under this scheme, recipients would get a soft loan amounting BDT 10,000 at 0% interest (however paying a 5% service charge) with a 6 months breathing period, henceforth paying back the loans in 10 quarterly equal installments. A committee at the local Upazilla level has been formed for selecting the recipients and monitoring the scheme. But in most cases, this has become politicized and the truly deserving persons with disabilities are not being able to access these loans. Under different other safety net schemes the DSS distributes Vulnerable Group Feeding (VGF) and Vulnerable Group Development (VGD) cards amongst destitute people. They also have monthly allowances for aged people and widows. Even though the DSS claims that the people with disabilities are prioritized during the selection of these beneficiary groups, in most of the cases local political leaders use these schemes amongst their ‘vote-banks’ and so the disabled people lose out. 18 Another program is the introduction of a monthly allowance scheme from the 2005-2006 fiscal year specifically for people with severe disabilities, under which a total of 250,000 people currently receive a monthly allowance of BDT 300 from the DSS. Under yet another scheme, introduced from the 2008-09 fiscal year, the DSS provides an education stipend to students with disabilities in different levels of formal education. So far, about 13,000 students with disabilities in different educational levels, from primary level education to post-graduate higher level education across the country are covered under this scheme. National Foundation for Development of the Disabled Persons (NFDDP) The National Foundation for Development of the Disabled Persons (NFDDP) falls under the purview of the Ministry of Social Welfare, but is registered under the Charities Act. Governed by a twelve-member board, where seven are from the Government and the remaining five are selected from the development sector by the Government (apart from the President & Secretary General of NFOWD, who are ex-officio members), the NFDDP runs with only a handful of staff located in its lone office in Dhaka. It has no branch offices, and so is highly dependent on the DSS for its smooth operations. The Foundation was formed many years back upon a demand raised by NGOs, but became functional only in 2002. Even though its charter declares a wide range of activities for the overall development of persons with disabilities of the country, so far, it has only provided micro level financial assistance to a few hundred NGOs as a support to run their disability programs. There have been accusations of corrupt practices of selecting such recipient organizations, and about lapses in its financial governance in the past. So in early 2008, the Caretaker Government restructured it into an independent quasi-government entity with its own General Body and Governing Board. This change had also attracted donors, including a 5 year project amounting USD 22 Million in the form of a long-term, interest-free credit support from the World Bank. However, the elected Government has overturned that decision, taking it back to its former status. As a result, the World Bank support is now in jeopardy. In addition to annual grants, the Foundation also channels funds to a handful of NGOs to run about 50 schools for children with intellectual disabilities. In the 2009-10 fiscal year, the Foundation has taken up two major initiatives. The first is to set up, on a piloting basis, five “one stop service centers” on disability issues in different districts. These centers will provide necessary therapy and rehabilitation services, assistive devices, and counseling services to people with disabilities, in addition to creating a few employment opportunities for persons with disabilities. And the second is to set up a hostel at Dhaka, for both male and female educated people with disabilities coming to the capital in search of employment, from around the country. They will be allowed to live in the hostel free of cost for a maximum of six months, also being provided meals at a subsidized rate, until the secure a job, and move to other affordable places. T he National Coordination Committee (NCC) The National Coordination Committee had been formed many years back, but after the enactment of the Disability Welfare Act 2001, it was reconstituted. Headed by the Minister of the Ministry of Social Welfare, the NCC is responsible for coordinating all the disability work addressed by the Government of Bangladesh. The NCC is a 17-member committee, where 19 only 5 are from the non-government sector (including the President of NFOWD, who is an ex-officio member). As per the legislation, either the Managing Director of the NFDDP or a Joint Secretary of the MOSW would operate as the Member Secretary of the NCC. According to the legislation, this Committee is supposed to convene on an annual basis. But it has so far missed three of its annual meetings. In September 2006, as per its mandate provided in the Disability Welfare Act 2001, this Committee approved the National Action Plan on Disability encompassing the work of 17 Ministries. In 2008, the plan was expanded to cover the work of 33 different Ministries and concerned departments. The National Executive Committee (NEC) The 12-member National Executive Committee has been constituted under the Disability Welfare Act 2001. Headed by the Secretary, Ministry of Social Welfare, it has three members from the non-government sector (including the NFOWD Secretary General, who is an exofficio member), and is responsible for implementing the disability work on behalf of the government. In this Committee too, either the Managing Director of the NFDDP or a Joint Secretary of the MOSW would operate as the Member Secretary. As per the legislation, the Committee is supposed convene on a quarterly basis, but this has rarely taken place over the years. The District Disability Welfare Committees (DDWC) District Disability Welfare Committees have been constituted in all the 64 administrative districts of Bangladesh under the Disability Welfare Act 2001. Chaired by the respective Deputy Commissioner (DC), the 9-member DDWC has 2 members from NGOs (nominated by the DC and the President of the Bus Owners’ Association. Under the guidance of the NCC and the NEC, the DDWC is responsible for all the disability related programs and activities within the district. The Deputy Director of DSS (who is the respective head of DSS in the district) acts as the Member Secretary of the DDWC. The Committee is supposed to convene on a bi-monthly basis. Unfortunately, in most cases, the DC is not aware of the existence of such a committee, and so the meetings are rarely held. In some cases the committees have not convened at all in even two years. Following Section 15 of the Disability Welfare Act 2001, the DDWC is responsible to provide an identity card to the persons with disabilities, and maintain a register. But due to a lack of allocation of central funds, these cards are not being provided at all. In most cases, the DDWC is merely issuing certificates, which too are not under any centrally approved format. At the same time, the system that is followed for providing the certificate is cumbersome and littered with administrative tangles creating a huge physical and economic barrier on poor people with disabilities. Local Government Even though it is generally highly politicized, Bangladesh has a very strong, elaborate and vibrant local government structure, especially evident in the peri-urban & rural communities. People with disabilities actively participate in the elections, and several of them have been elected into responsible positions across the country, thereby contributing towards & playing a significant role in the local level governance. However, most of these successes are noticed generally in areas with strong NGO activity, where people with disabilities have been organized and adequately been trained to take up leadership roles. Unfortunately, over 70% of the country is yet to be brought under coverage of NGO activity addressing people with disabilities. The City Corporations, which are the authoritative bodies to oversee most of the 20 public amenities of the city dwellers, and which are mostly inaccessible to persons with disabilities, are yet to open its doors for participation of people with disabilities in the election process. Until and unless these authoritative bodies are inclusive of persons with disabilities, their services will continue to remain inaccessible. b) Non-Government Organizations (NGOs) Apart from the government, approximately 60,000 large to small NGOs are working hand in hand and sharing the responsibility of development in Bangladesh. The major program in which almost all of these NGOs are involved in is Micro-credit, which is also the principal step adopted by the NGOs for their own sustainability. Education programs possibly come in second, and health (including with water & sanitation) programs are very common. Gender and development is gradually being recognized widely as a crosscutting development agenda. In this playground, only about 1,500 NGOs are claiming to work with people with disabilities. But only about 600 NGOs have adequately trained human resources to cater to the rehabilitative needs of disabled people. Most of the others simply have either awareness raising programs on disability, or have casually included disabled people (mostly women) in their respective mainstream micro-credit programs. Prior to 1996-97, any NGO willing to get their staff trained on Disability rehabilitation efforts had to send their respective staff abroad. Most of these organizations being small, and with limited funding support found it extremely difficult, and so the number of NGOs catering to people with disabilities was very limited. A major breakthrough in this arena was the emergence of the Center for Disability in Development (CDD), an NGO dedicated to development of quality human resources and information, education & communication (IEC) materials on Disability, in 1996 and offering training programs since 1997. CDD has emerged as a very renowned and important stakeholder in the disability development arena not only in Bangladesh, but in the entire region also. Almost simultaneously, the emergence of the Disability Information Dissemination Network (DIDN) operated by Center for Services & Information on Disability (CSID) in 1999 also played a major role in disseminating information on the progress of the disability work at the national and international level. These two NGOs, along with NFOWD, the national disability network, have played a major role in highlighting Bangladesh on the international disability development scenario. National Forum of Organizations Working with the Disabled (NFOWD) NFOWD is the apex federating body of NGOs working in the field of Disability in Bangladesh with a vision of an inclusive society where all people with disabilities will be visible, and contribute equitably in the nation-building process. Established in 1991, it is registered with the Department of Social Services under the Ministry of Social Welfare and with the NGO Affairs Bureau. NFOWD is an executive member on the Boards of the National Foundation for Development of the Disabled Persons and the National Social Welfare Council. It is also a member of the National Coordination Committee and the National Executive Committee on Disability (constituted under the Disability Welfare Act 2001). At the Regional level, it is a member of the Asia & Pacific Disability Forum (APDF) of which NFOWD is the current Chair, and South Asian Network on Community Based Rehabilitation. At the international level, it is a governing member of the International Disability Alliance (IDA) and the Global Partnership for Disability & Development (GPDD). Initiating with only 22 member organizations, NFOWD now has 318 members spread across 59 districts (out of 64) in the country. NFOWD works in three areas: (a) coordination amongst its members, (b) raising national level awareness & sensitization on Disability issues and (c) policy advocacy & influencing 21 work, and its principal working relationship is with the Government of Bangladesh. As such, over the years it has gained the reputation and recognition within the country to work as the perfect interface between the Government and the NGOs in this field. Any Committee, taskforce, working group etc. the Government forms on disability issues, by default NFOWD is a member. This is upheld either by law, policy or an administrative decision. At the Regional level, UN-ESCAP has recognized this linkage as one of the ‘best practices’ in the area of ‘GO-NGO Collaboration’ in this Region. In 1997 NFOWD hosted the 2nd Regional Seminar on Community Based Rehabilitation and in 2003 it hosted the Regional Symposium on Disability following the ESCAP Regional Biwako Millennium Framework. In January 2006, NFOWD co-hosted the 2nd Asian Conference of Deafblind International, and in February 2008, along with the Government of Bangladesh, NFOWD hosted the 3rd general Assembly & Conference of the Asia & Pacific Disability Forum. These international meets has also helped in raising its profile at the international disability development arena. NFOWD actively participated in the drafting of the CRPD by the Ad Hoc Committee. It’s first involvement came about in 2004 in drafting the Bangkok Draft. Then, after receiving accreditation from the ECOSOC, NFOWD participated in the 6th, 7th and 8th (final) meetings of the Ad Hoc Committee. NFOWD played an active role in ensuring that children with disabilities are actively discussed with in the drafting of the CRPD. As a result, 2 of the 6 children, who subsequently represented all the children with disabilities of the world in the UN, were selected from Bangladesh. c) Organizations of Persons with Disabilities (DPOs) and Self-Help Organizations (SHOs) Following the internationally acclaimed spirit of “Nothing About Us Without Us” and a more recent target set in the Biwako Millennium Framework (BMF) on Self-help initiatives, and the CRPD itself, a large number of DPOs are coming up all over Bangladesh, mostly being supported by two large NGOs – Action on Disability and Development (ADD) and the Bangladesh Protibondhi Kallyan Shomity (BPKS). Other organizations, such as Center for the Rehabilitation of the Paralyzed (CRP), Center for Services & Information on Disability (CSID), Young Power in Social Action (YPSA) and many others also have supported establishment of DPOs across the country. ADD is a widely known large INGO, BPKS is a large national NGO. They are both coordinating people with disabilities at the grassroots level by providing skills and leadership training, and encouraging them to come together as self-help groups. ADD is helping them in forming district level federations, with an aim to unite to become a national level federating body. BPKS has a little different approach and calls it the Persons with Disability’s Self Initiatives to Development (PSID). While these small DPOs look mostly into their own micro-level issues, with experience and gradually gathering maturity, they also are looking into the macro level issues, and are contributing in the national disability development movement. In 2004, ADD had organized a national convention of about 5,000 people with disabilities at Dhaka. The practice has been repeated almost every year ever since. Under the patronization of ADD a grassroots level federating body named the National Grassroots Disability Organization (NGDO) was launched in 2004. Over the last five years, this has grown substantially, now having 92 me