Checkagainstdelivery
Social Forum
4 October 2016; 16:30-17:15
GodliverOmondi
Panel, Strengthening Accountability
Role of Parliaments in monitoring compliance with the CPRD and the SDGs under the CPRD
Parliaments world over play the critical roles of representation, legislation and oversight. They are the embodiment and the exercise of the will of the People. They are critical partners in the development agenda. As we are all aware, in 2006 the United Nations Convention on the Rights of Persons with Disabilities (CRPD) came into force. The CRPD is one of nine core international human rights treaties and includes 33 core articles covering all areas of life. In February 2016,161 out of 193 United Nations Member states or over 80% of countries ratified the CRPD.Once a country ratifies this means that the country is legally bound to implement the core 33 articles and must report on their progress in writing to the United Nations on a periodic basis. Historically, the issue of disability has not been recognized or prioritized by stakeholders in their development agenda, yet disability is both a cause and consequence of poverty.
The United Nations adopted the 2030 Agenda for sustainable development in September 2015.The Agenda has 17 Sustainable Development Goals (SDGs).There are 11 explicit references to persons with disabilities in the 2030 Agenda. If the 2030 Agenda is going to be successful, ALL of the UN member states-193 countries must include persons with disabilities in their national plans for implementation and monitoring.
Parliament’sworld over play a very key role in ensuring monitoring the compliance of CRPD and the SDGs under the CRPD at the national ad sub national level. Among the critical roles they play include;the ratification and domestication of treaties acceded to by nations, the making of legislation approving budgetary allocations for the implementation of programs for the execution of the requirements of the treaties and most importantly, oversight of the implementation through receipt and approval of reports on the implementation of the framework at all levels of government.Parliament is therefore the center for accountability and if we are to address the question of strengthening accountability, it is the one arm of the Government on which we must focus.
Parliament‘s main role is to enact legislation. It may enact legislations that will help attain the SDGs related to the CRPD.This legislation should be geared toward creating bodies and institutions within the government to steer the implementation of the CRPD and the realization of the SDGs under CRPDas well as holding to account those bodies and institutions, including the government itself. Further, the laws should ensure equal recognition before the law, guaranteeingthe rights to have control over land, property and inheritance for everyone, including persons with disabilities as well as access to health care, transport and information infrastructure among others. In Kenya for example, the concept of affirmative action as enshrined in our constitution seek to secure the involvement of youth, women and persons with disabilities in all spheres of government and life.
The implementation of the CRPD and the SDGs under the CRPD will require concerted efforts through various state institutions. This will be aimed at closing the gap occasioned by historical failure to factor for person with disabilities in state planning. To this end, Parliaments are required to facilitate adequate allocation of resources to institutions and programs aimed at implementing the CRPD. Disability is not inability but it is recognized fact that person with disability require assistance to make their day to day lives much easier. This basic intervention for example, access ramps or government provided wheel chairs require financial intervention for which deliberate and consistent financial resources must be allocated to.
There have been instances where government intervention in the lives of people living with disabilities has failed to achieve its desired outcomes. This has been occasioned mainly by mismanagement of the resources allocated and failure to closely monitor the implementation of the programs. Parliaments’ role in oversight cannot be over emphasized. Parliaments must ensure that reports by state department and differentlevels of government are submitted accurately and on time. Further continuous monitoring and evaluation on projects needs to b undertake in order to make timely and necessary changes when needed.
In conclusion the role of parliament in this process needed to be undertaken in continuous consolations and collaboration with the executive, the judiciary, civil society and other non-state actor to achieve visible results.