Check against delivery

Social Forum

3 October 2016; 16:30-17:45

Pratima Gurung

Panel, Non-discrimination and Accessibility: ‘Leaving No One Behind’

An indigenous woman with intellectual disability, living with her 64 years old mother, had been raped by one of the armed police 13 years ago during armed conflict in Nepal which consequence pregnancy and gave birth a baby boy who is 12 years old now; however, she and her child are still waiting for justice. As being a woman, having severe disability, belonging to an ethnic group from rural part of country, living in poverty, inaccessibility to service provider, state’s official language inefficiency and cultural values were some of the reasons that she was excluded in her own community and didn't get justice yet.

With this example, I would like to emphasize an indigenous lens to look at the disability concerns. In this connection, I want to draw a attention on the preamble of CRPD along with the article 5 (nondiscrimination), article 9 (accessibility) and article 30 to ensure the rights of indigenous persons with disabilities (IPWDs) in harmonious with culture, traditions and pattern of indigenous peoples (IPs). Non-discrimination to persons with disabilities (PWDs) on the ground of race, color, sex, language, […] has been enshrined in the preamble and articles of the convention that includes all PWDs and IPWDs. However, IPWDs having multiple forms of social deprivation, alienation and segregation arising from intersection of indigeneity and disability experience in subtle form of discrimination, and are treated differently and distinctly than other PWDs in their daily lives. Many programs that are meant to benefit PWDs and IPs are inaccessible for IPWDs.

The unique experiences that IPWDs encounter are, first, structural and social barrier related with traditional values, unfavorable policies/provisions and institutional system and practices that are maintained even in the private domain as a culture. Second, general discrimination like, access to limited opportunities, following customary values and practices, ethnic attitudes towards disability and customarily inappropriate services, integrating collective rights. Lastly, the internal discrimination within disability and indigeneity practices that IPWDs face are related with participation, representation and involvement in decision-making of public social affairs. Lack of understanding of cultural frameworks and community dynamics, cultural sensitivity is not simply unjust; it aggravated the conditions of IPWDs and push further towards exclusion, isolation and limits them. These impacts are indivisible, interrelated, interdependent, therefore discrimination on the ground of ethnicity has remain most of the times unreported, unnoticed, unheard and are less debated in public forum.

Similarly, knowledge gap on accessibility like access to information and communication, programs like health, education, economic constraints, geographical mobility, living condition and environment, accessible to community language and disability specific support services experienced by IPWDs have created poverty traps. For IPWDs, historical oppression, social deprivation obstructs opportunities to attain adequate access to services like community environment, information and language barrier in receiving most services provide by the state in general and in most emergency situation. Insufficient service policies, misunderstanding among right holders and service provider in obtaining education, health, and employers in appropriate jobs deter IPWDs mostly. Strategies to providing services to reach the farthest behind first remain a challenge most of the times. A prescriptive or one-size-fits-all approach to enhance access for IPWDs is not feasible, since the situations of IPWDs is vary from region to region and from country to country.

It is, therefore, important to keep in mind the differences in aspirations, social context, individual and collective cultural preferences by listening their voices while discussing non-discrimination and accessibility for IPWDs. Opening up the dialogue, engaging with IPs’ discourse on disability, to discuss the lived experiences, their needs and priorities, non-discriminatory practices through cross movement collaboration is fundamental. Protection of all PWDs rights and development through partnerships, providing equal opportunity will integrate respecting every individual. Participation and recognition as a contributing members of society who must not face any discrimination or not be left, need to be the core value of understanding non-discrimination where cultural competency involving multi-sectoral and multiagency efforts and approach need to be incorporated to address the accessibility of IPWDs.