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PERMANENT COUNCIL OF THE OEA/Ser.G

ORGANIZATION OF AMERICAN STATES CAJP/GT/DDD-30/07

19 January 2007

COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS Original: Spanish

Working Group to Prepare a Program of Action for the

Decade of the Americas for the Rights and Dignity of

Persons with Disabilities (2006-2016)

For the “Equality, Dignity, and Participation” of Persons with Disabilities

CONTRIBUTIONS TO THE DRAFT PROGRAM OF ACTION

FOR THE DECADE OF THE AMERICAS FOR THE RIGHTS

AND DIGNITY OF PERSONS WITH DISABILITIES (2006-2016)

(Presented by the delegation of the Bolivarian Republic of Venezuela)

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PERMANENT MISSION OF THE BOLIVARIAN REPUBLIC OF VENEZUELA

TO THE

ORGANIZATION OF AMERICAN STATES

II.2.E8.D-OEA.10-1221

The Permanent Mission of the Bolivarian Republic of Venezuela to the Organization of American States presents its compliments to the Chair of the Working Group to Prepare a Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016) and has the honor to attach the comments of the Bolivarian Republic of Venezuela on the draft Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016).

The Permanent Mission of the Bolivarian Republic of Venezuela to the Organization of American States takes the opportunity to reiterate to the Chair of the Working Group assurances of its highest consideration.

Washington, D.C., December 27, 2006

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DECLARATION OF THE DECADE OF THE AMERICAS
FOR THE CARE OF PERSONS WITH DISABILITIES
(2007-2016)

PREAMBLE

Persons with disabilities constitute a large sector of the population of the Americas, whose precise size is not known, as national population censuses do not compile such data. However, based on different types of studies, statistical estimates, and a combination of estimates of different societal, health, and safety factors, it is thought that this sector exceeds 10% of the population of the Hemisphere. International agencies and organizations agree that there are some 75-90 million persons with disabilities in the Americas.

The conviction regarding the size of this sector, which is growing for many well-known reasons, and the importance attached to it in different areas of care – health, rehabilitation, and education services; work opportunities; social security; participation in recreational and sports activities; and use of free time – has, on different specific occasions, drawn the attention of the Organization of American States.

In addition to the provisions, and, by extension, without prejudice to additional provisions, of the Charter of the Organization of American States (1948), the American Declaration of the Rights and Duties of Man (1948), the American Convention on Human Rights (1978), the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador” (1988), and the Declaration of Managua for the Promotion of Democracy and Development (1993), the OAS has addressed the topic of persons with disabilities in different declaratory instruments, including the resolution “Situation of Persons with Disabilities in the American Hemisphere,” the Panama Commitment to Persons with Disabilities in the American Hemisphere (1996), the Inter-American Convention on the Elimination of All Forms of Discrimination against persons with Disabilities (1999), and the Declaration of Panama (2005), emanating from the Fourth Summit of Heads of State and/or Government of the Association of Caribbean States.

In addition, at the international level, whose players include the OAS member countries, resolutions and agreements have been adopted in different arenas that guide policymaking in the area of disability, as have provisions that constitute not only moral, but legal, commitments in connection with the rights of and care for persons with disabilities, among them: the Declaration on the Rights of Mentally Retarded Persons (1971), the Declaration on the Rights of Disabled Persons (1975); the Proclamation Designating 1981 as the International Year of Disabled Persons (1976); the World Programme of Action concerning Disabled Persons (1982); the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care; the proclamation of the International Day of Disabled Persons (1992); the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993); the report of the Special Rapporteur of the Committee on Social Development: “Monitoring the Implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities” (1996); the resolution of the United Nations High Commissioner for Human Rights. The Human Rights of Persons with Disabilities; and the agreements and recommendations of the International Labour Organization (ILO), and agreements and resolutions of UNESCO and the Pan American Health Organization and World Health Organization.

BACKGROUND

Declaration of decades to achieve goals that are manifestations of coordinated action by governments with organizations of persons with disabilities is new as an initiative in the Americas region, and continues the international saga in this area.

On December 3, 1982, the United Nations General Assembly proclaimed 1983-1992 the United Nations Decade of Disabled Persons, with the aim of implementing long-term actions of different types, contained in the World Programme of Action concerning Disabled Persons, also adopted in 1982, to improve the quality of life of disabled persons worldwide.

At the close of that decade, as a result of the worldwide mobilization and of the outcomes of implementation of said programme, the Standard Rules were adopted, an instrument of unquestionable universal moral force in the area of disability. United Nations member states participated in its process of preparation.

Based on this United Nations General Assembly initiative, regional cooperation actions were instituted, among them, those of the Asia-Pacific countries, which, as members of the Economic and Social Commission for Asia and the Pacific, since 1995, had been evaluating the World Programme of Action. This culminated in the proclamation of the Asian and Pacific Decade of Persons with Disabilities (1993-2002), with the aim of achieving full participation by and equality of persons with disabilities.

Said proclamation adopted an Agenda for Action for the Asian and Pacific Decade of Disabled Persons, 1993-2002, which established policy guidelines for achievement of the Decade objectives and brought together 12 areas of interest in policy-making: national coordination; legislation; information; public awareness; accessibility and communication; education; training and employment; prevention of the causes of disability; rehabilitation services; assistance mechanisms; self-help organizations; and regional cooperation.

In 2002, it was decided to proclaim a new Asian and Pacific Decade of Disabled Persons (2003-2012), underscoring seven aspects declared to be priority: self-help organizations for persons with disabilities; women with disabilities; early detection and education; training and employment, including self-employment; access to the built environment and public transportation; accessible information and communications, including information and communications technologies; and poverty alleviation through sustainable means of support and social security.

As an initiative of the African nongovernmental community, in conjunction with the Organisation of African Unity (OAU), with the aim of achieving greater equality of opportunity for persons with disabilities, a discussion process was launched to evaluate the quality of life of persons with disabilities in the region. In 1999, this culminated in the proclamation by the Assembly of Heads of State and Government of the Union at its 36th ordinary session, held in Algiers, in July 1999, of the African Decade of Persons with Disabilities (1999-2009), with the aim of promoting awareness of and commitment to full participation, equality, and empowerment of persons with disabilities in Africa.

In addition, a Continental Plan of Action of the African Decade was agreed. It contained ten measures included as objectives to be achieved in the period: to “Formulate or reformulate policies and national programmes that encourage the full participation of persons with disabilities in social and economic development; Create or reinforce national disability coordination committees, and ensure effective representation of disabled persons and their organisations; Support community-based service delivery, in collaboration with international development agencies and organizations; Promote more efforts that encourage positive attitudes towards children, young people, women and adults with disabilities, and the implementation of measures to ensure their access to rehabilitation, education, training and employment, as well as to cultural and sports activities and access to the physical environment; Develop programmes that alleviate poverty amongst disabled people and their families; Put in place programmes that create greater awareness conscientiousness of communities and governments relating to disability; Prevent disability by promoting peace and paying attention to other causes of disability; Mainstream disability on the social economic and political agendas of African governments; Spearhead the implementation of the UN Standard Rules on the Equalization of Opportunities for People with Disabilities, and ensure the use of the Standard Rules as a basis for policy and legislation to protect the interests of disabled people in Africa; Apply all OAU and UN human rights instruments to promote and monitor the rights of persons with disabilities.”

The Plan calls for participation by and collaboration with disabled people’s organizations, the OAU’s specialized agencies, organizations of employers and workers, non-governmental organizations, and other civil society organizations.

The proclamation of the Arab Decade for the Disabled (2003-2012) was an outcome of a conference on the topic “Disability in the Arab World: Towards an Arab Decade for Disability (2003-2012),” held in Beirut, from October 2 to 5, 2002, with participation, together with ministers and officials of 18 Arab countries, by experts, diplomatic representatives, and representatives of local, regional, and international nongovernmental organizations whose fundamental societal activity is the care of persons with disabilities.

The official mandate to implement the Decade was adopted by the League of Arab States, after evaluation, approval, and commitment by the Arab Ministers of Social Affairs at the Arab Summit of 2002.

The plan of action necessary formulated by the Conference for fulfillment within the decade included 10 priority topics: education, health, legislation, rehabilitation and employment, women with disabilities, children with disabilities, access and transportation, globalization, poverty and disability, information and awareness of disability and its societal impact, and recreational activities and sports.

In our Americas region, the background to steps taken towards the proclamation of a Decade of the Americas for Persons with Disabilities (2007-2016) includes four sequential milestones inextricably linked to the societal struggles of movements of associations of persons with disabilities and to state policies for the care of persons with disabilities. It is a joint initiative of nongovernmental organizations of 20 countries of the Americas with their governments.

The first step in the saga took place at the First Ibero-American Conference, composed of Representatives of Non Governmental Organizations of Persons with Disabilities and their Families (RIADIS), held in Caracas, in October 2002, which called on the Ibero-American governments to declare the year 2004 as the Year of Persons with Disabilities.

The XII Ibero-American Summit of Heads of State and Government constituted the second milestone, at which, in 2003, the governments of the Spanish-speaking countries of the Americas, and Brazil decided to declare 2004 the Ibero-American Year of Persons with Disabilities in order to foster greater understanding and awareness of topics related to persons with disabilities and mobilize support to promote their dignity, rights, welfare, full participation, and equality of opportunity, and to strengthen institutions and policies benefiting them.

The Second Conference of RIADIS, which brought together representatives of the movement of associations of persons with disabilities of 20 Latin American countries, expressed its aspiration for better care to achieve enhanced quality of life for this group, calling on the governments of their countries to act within the timeframe for achievement of the Millennium Goals in the specific area of disability, requesting the declaration of a decade of the Americas for persons with disabilities, decided to propose to the Ibero-American governments that they declare a decade for persons with disabilities and their families in Ibero-America 2006-2015, in order to generate and revitalize public and state policies that contribute to the inclusive development of the Ibero-American societies.

Steps taken by nongovernmental organizations of persons with disabilities of Peru presenting this RIADIS proposal with Peru’s Ministry of Foreign Affairs constitute the fourth milestone, the culmination of the saga to achieve a declaration of the Decade of the Americas.

The proposal presented, as an initiative of the Republic of Peru with support from the Bolivarian Republic of Venezuela, to the Fourth Summit of the Americas, held in Mar del Plata, in November 2005, adopted as a resolution containing the following language: “To consider at the next OAS period of regular sessions of the General Assembly to be held in the Dominican Republic, a Declaration on the Decade of the Americas for Persons with Disabilities (2006-2016), together with a program of action,” is the outcome of sustained joint action of governments and civil society organizations of persons with disabilities in the Americas in the democratic exercise of shared responsibility to address social problems in our Hemisphere.

DISABILITY: A MULTIFACTOR AND MULTIDIMENSIONAL PROBLEM

Disability is a complex biological, psychological, and social phenomenon with characteristics peculiar to the different areas of the Hemisphere, as a result of the dissimilar social, economic, political, health, safety, legal, and other conditions pertaining in different countries.

The causes of disability in the Hemisphere differ from country to country for reasons ranging from extreme poverty to malnutrition; lack of drinking water and sewerage services; unsafe environmental conditions and environmental contamination; inadequate health care services; lack of prevention programs; domestic, workplace, and traffic accidents; and intrafamily, domestic, and street violence; to armed conflict and its sequel, the cruelest violence of all, the laying of antipersonnel mines.

The inevitable births of children with genetic or congenital disabilities are compounded, in no few cases, by inadequate paranatal care and medical care outside the hospital necessitated by inferior or insufficient, if not nonexistent, medical services.

Most of the Hemisphere’s population with disabilities lives in poor quality housing, in poor areas of cities or rural or indigenous areas, with no access to public services, poor access to water, electricity, and gas, and no residential sanitation services or sewerage systems. This population comprises some 18 million, typically extended families, many lacking a father figure and containing unemployed members of low educational levels and occupational status.