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OUR RIGHTS, OUR OUR RIGHTS, OUR CONVENTION BUT FOR ALL - CONVENTION BUT FOR ALL -

THE CRPD, FOCUSING ON THE CRPD, FOCUSING ON THE SOUTH.THE SOUTH.

BY SYLVESTER KATONTOKA.BY SYLVESTER KATONTOKA.PRESIDENT.PRESIDENT.

MENTAL HEALTH USERS NETWORK OF MENTAL HEALTH USERS NETWORK OF ZAMBIA.ZAMBIA.

2009.2009.

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OUTLINE OF THE OUTLINE OF THE PRESENTATION.PRESENTATION.

OBJECTIVE.OBJECTIVE. OVERVIEW /GENERAL PICTURE.OVERVIEW /GENERAL PICTURE. THE CRPD – WHAT IS IT?THE CRPD – WHAT IS IT? IMPLEMETATION OF THE CRPD.IMPLEMETATION OF THE CRPD. THE ROLE OF USERS AS ADVOCATES.THE ROLE OF USERS AS ADVOCATES. THE COMMITTEE ON CRPD.THE COMMITTEE ON CRPD.

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OBJECTIVE.OBJECTIVE.

TO DEVELOP UNDERSTANDING OF TO DEVELOP UNDERSTANDING OF WHAT THE CRPD IS, THE WHAT THE CRPD IS, THE IMPLEMENTATION OF THE CRPD, AND IMPLEMENTATION OF THE CRPD, AND HOW CONSUMER MOVEMENTS CAN HOW CONSUMER MOVEMENTS CAN ADVOCATE FOR THE ADVOCATE FOR THE IMPLEMENTATION OF THE CRPD.IMPLEMENTATION OF THE CRPD.

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AN OVERVIEW.AN OVERVIEW.

Everyday in developing countries, many Everyday in developing countries, many people develop mental disabilities by people develop mental disabilities by multiple social, biological and multiple social, biological and psychological factors.psychological factors.

The developing countries has a large The developing countries has a large number of persons with mental disabilities.number of persons with mental disabilities.

Figuratively, it is estimated that about 330 Figuratively, it is estimated that about 330 million people of the estimated 450 million million people of the estimated 450 million people alive today who suffer from mental people alive today who suffer from mental disabilities live in developing countries.disabilities live in developing countries.

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EXCLUSION IS THE NORM.EXCLUSION IS THE NORM.

• When a person develops a mental When a person develops a mental disability, the person and the family disability, the person and the family enters a world of stereotyped notions, enters a world of stereotyped notions, social exclusion and discrimination. social exclusion and discrimination.

The vast majority of persons with The vast majority of persons with mental disabilities are excluded of mental disabilities are excluded of spheres life.spheres life.

The social stigma results in The social stigma results in marginalization and isolation.marginalization and isolation.

This reduces the value of the person. This reduces the value of the person.

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THE CRPD – WHAT IS IT?THE CRPD – WHAT IS IT? An International Law that will ensure the An International Law that will ensure the

effective implementation of the rights of effective implementation of the rights of persons with disabilities for state parties.persons with disabilities for state parties.

A complement to existing international A complement to existing international human rights treaties. human rights treaties.

It does not recognize any new human It does not recognize any new human rights of persons with disabilities.rights of persons with disabilities.

Rather clarifies the obligations and legal Rather clarifies the obligations and legal duties of States to respect and ensure the duties of States to respect and ensure the equal enjoyment of all human rights by all equal enjoyment of all human rights by all persons with disabilities. persons with disabilities.

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The Convention identifies areas where The Convention identifies areas where adaptations have to be made so that adaptations have to be made so that persons with disabilities can exercise their persons with disabilities can exercise their rights.rights.

The Convention identifies areas where the The Convention identifies areas where the protection of their rights must be reinforced protection of their rights must be reinforced because those rights have been routinely because those rights have been routinely violated. violated.

It also establishes universal minimum It also establishes universal minimum standards that should apply to everyone standards that should apply to everyone and that provide the basis for a coherent and that provide the basis for a coherent framework for action.framework for action.

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Under the terms of the Convention, Under the terms of the Convention, States are obliged to consult with States are obliged to consult with persons with disabilities, through persons with disabilities, through their representative organizations, their representative organizations, when developing and implementing when developing and implementing legislation and policies to effectuate legislation and policies to effectuate the Convention.the Convention.

And on all other policy matters that And on all other policy matters that will affect the lives of persons with will affect the lives of persons with disabilities. disabilities. 

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ENTRY INTO FORCE.ENTRY INTO FORCE.

The Convention on the Rights of Persons The Convention on the Rights of Persons with Disabilities received its 20th with Disabilities received its 20th ratification on 3 April 2008, triggering the ratification on 3 April 2008, triggering the entry into force 30 days later. entry into force 30 days later.

This marks a major milestone in the effort This marks a major milestone in the effort to promote, protect and ensure the full to promote, protect and ensure the full and equal enjoyment of all human rights and equal enjoyment of all human rights and fundamental freedoms of persons with and fundamental freedoms of persons with disabilities.disabilities.

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SIGNATORIES AND SIGNATORIES AND RATIFICATIONS OF THE CRPD.RATIFICATIONS OF THE CRPD.

137 signatories to the Convention137 signatories to the Convention 81 signatories to the Optional 81 signatories to the Optional

ProtocolProtocol 50 ratifications of the Convention50 ratifications of the Convention 29 ratifications of the Optional 29 ratifications of the Optional

ProtocolProtocol

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LEGAL MEASURES FOR LEGAL MEASURES FOR IMPLEMENTATION.IMPLEMENTATION.

By ratifying the CRPD, states take an By ratifying the CRPD, states take an obligation under international law to obligation under international law to implement it.implement it.

Implementation is the process Implementation is the process whereby states parties take action to whereby states parties take action to ensure the realization of all rights ensure the realization of all rights contained in a given treaty within contained in a given treaty within their jurisdiction.their jurisdiction.

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GENERAL LEGAL OBLIGATIONSGENERAL LEGAL OBLIGATIONS

Article 4 of the CRPD defines the scope of the general legal Article 4 of the CRPD defines the scope of the general legal obligations to be undertaken by States parties. obligations to be undertaken by States parties.

It requires States “to ensure and promote the full It requires States “to ensure and promote the full realization of all human rights and fundamental freedoms realization of all human rights and fundamental freedoms for all PWDs without discrimination of any kind on the basis for all PWDs without discrimination of any kind on the basis of disability” and provides the framework within which the of disability” and provides the framework within which the rights specified in the Convention are to be promoted and rights specified in the Convention are to be promoted and protected.protected.

States are required to “refrain from engaging in any act or States are required to “refrain from engaging in any act or practice that is inconsistent” with the Convention. practice that is inconsistent” with the Convention.

Treaty bodies monitoring other human rights treaties have Treaty bodies monitoring other human rights treaties have indicated that appropriate measures for implementation of indicated that appropriate measures for implementation of human rights obligations may include legislative, judicial, human rights obligations may include legislative, judicial, administrative, educational, financial and social measures.administrative, educational, financial and social measures.

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ACTIONS FOR ACTIONS FOR IMPLEMENTATION.IMPLEMENTATION.

It is a basic principle of international law that a State party It is a basic principle of international law that a State party to an international treaty must ensure that its own to an international treaty must ensure that its own domestic law is consistent with what is required by the domestic law is consistent with what is required by the treaty.treaty.

It follows that States parties are required upon ratification It follows that States parties are required upon ratification to make appropriate changes to domestic law to ensure its to make appropriate changes to domestic law to ensure its conformity with the Convention. conformity with the Convention.

Accordingly, article 4, paragraph 1 (b), of the Convention Accordingly, article 4, paragraph 1 (b), of the Convention obliges States parties to “take all appropriate measures, obliges States parties to “take all appropriate measures, including legislation, to modify or abolish existing laws, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute regulations, customs and practices that constitute discrimination against persons with disabilities”. discrimination against persons with disabilities”.

In order to adequately implement the Convention, one of In order to adequately implement the Convention, one of the first steps that States need to undertake is a the first steps that States need to undertake is a comprehensive review of the national legislation and policy comprehensive review of the national legislation and policy framework.framework.

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In the comprehensive review of the In the comprehensive review of the national legislation and policy national legislation and policy framework, it is essential to framework, it is essential to underline that given the scope of the underline that given the scope of the Convention, this review needs to be Convention, this review needs to be comprehensive and extend to areas comprehensive and extend to areas of the law that go beyond the of the law that go beyond the traditional scope of disability-related traditional scope of disability-related legislation. legislation.

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The participation of civil society The participation of civil society organizations and in particular of organizations and in particular of organizations of persons with organizations of persons with disabilities in such a review is disabilities in such a review is required by the Convention required by the Convention (obligation No 3)(obligation No 3)

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CONSUMERS IN THE CONSUMERS IN THE IMPLEMENTATION OF THE IMPLEMENTATION OF THE

CRPD.CRPD. ““Advocacy is an important means of Advocacy is an important means of

raising awareness. raising awareness. Advocacy can lead to improvements Advocacy can lead to improvements

in policy, legislation and service in policy, legislation and service development.development.

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Advocacy is strategic and targets Advocacy is strategic and targets well-designed activities to key well-designed activities to key stakeholders and decision makers.stakeholders and decision makers.

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Advocacy is always directed at Advocacy is always directed at influencing policy, laws, regulations, influencing policy, laws, regulations, programmes or decisions on funding programmes or decisions on funding made at the upper-most levels of made at the upper-most levels of public or private sector institutions. public or private sector institutions.

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Advocacy is; “A set of targeted Advocacy is; “A set of targeted actions in support of a cause or an actions in support of a cause or an issue, because one wants to build issue, because one wants to build support for that cause or issue, support for that cause or issue, influence others to support it; or try influence others to support it; or try to influence or change legislation to influence or change legislation that affects it.”that affects it.”

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Some common actions can be:Some common actions can be: Expose a problem that needs to be addressed by Expose a problem that needs to be addressed by

others.others. Defend a right or a benefit.Defend a right or a benefit. Sensitizing the public or decision-makers on a Sensitizing the public or decision-makers on a

specific issue.specific issue. Persuading or influencing decision-makers in a Persuading or influencing decision-makers in a

certain direction.certain direction. Change legislation or work processes that Change legislation or work processes that

negatively affect the organization's members or negatively affect the organization's members or beneficiaries.beneficiaries.

Provide a solution to a problem that affects the Provide a solution to a problem that affects the organizations members / beneficiaries.organizations members / beneficiaries.

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Consumer groups have played various roles in advocacy, Consumer groups have played various roles in advocacy, ranging from influencing policies and legislation to ranging from influencing policies and legislation to providing help for people with mental disorders. providing help for people with mental disorders.

The key issues to be considered could be:The key issues to be considered could be:1.1. Equality and non discrimination.Equality and non discrimination.2.2. Recognition before the law, legal capacity and decision Recognition before the law, legal capacity and decision

making.making.3.3. Right to liberty and security of the person.Right to liberty and security of the person.4.4. Right to live independently and be included in the Right to live independently and be included in the

community.community.5.5. Right to education.Right to education.6.6. Right to work and employment.Right to work and employment.7.7. Judicial measures. Judicial measures.

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MONITORING OF THE MONITORING OF THE CONVETION.CONVETION.

All legally binding international human All legally binding international human rights treaties have a monitoring rights treaties have a monitoring component and this Convention is no component and this Convention is no exception. exception.

The monitoring procedure outlined in the The monitoring procedure outlined in the Convention promotes constructive dialogue Convention promotes constructive dialogue with States to ensure that the Convention’s with States to ensure that the Convention’s provisions are implemented effectively. provisions are implemented effectively.

Monitoring mechanisms foster Monitoring mechanisms foster accountability and, over the long term, accountability and, over the long term, strengthen the capacity of parties to fulfill strengthen the capacity of parties to fulfill their commitments and obligations.their commitments and obligations.

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MONITORING MECHANISMS IN MONITORING MECHANISMS IN THE CONVENTION.THE CONVENTION.

The Convention provides for monitoring at both The Convention provides for monitoring at both the national and international levels.the national and international levels.

At the national levelAt the national level, States parties must , States parties must appoint one or more focal points within appoint one or more focal points within government to handle matters relating to government to handle matters relating to implementation. implementation.

Civil society, in particular PWDs & their Civil society, in particular PWDs & their representative organizations, should be involved & representative organizations, should be involved & participate fully in the monitoring process.participate fully in the monitoring process.

At the international levelAt the international level, the Convention , the Convention provides for monitoring through the creation of a provides for monitoring through the creation of a committee of independent experts, called the committee of independent experts, called the Committee on the Rights of Persons with Committee on the Rights of Persons with DisabilitiesDisabilities. .

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THE ROLE OF THE CRPD THE ROLE OF THE CRPD COMMITTEE.COMMITTEE.

The Convention mandates the The Convention mandates the creation of a Committee on the creation of a Committee on the Rights of Persons with Disabilities Rights of Persons with Disabilities when the Convention comes into when the Convention comes into force (article 34). force (article 34).

The Committee on the Rights of The Committee on the Rights of Persons with Disabilities (CRPD) is Persons with Disabilities (CRPD) is the body of independent experts the body of independent experts which monitors implementation of which monitors implementation of the Convention by the States Parties.the Convention by the States Parties.

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The Committee will examine the periodic The Committee will examine the periodic reports submitted by States, conduct reports submitted by States, conduct inquiries, and formulate general inquiries, and formulate general observations and recommendations on observations and recommendations on reports as it may consider appropriate and reports as it may consider appropriate and shall forward these to the State Party shall forward these to the State Party concerned.concerned.

All States parties are obliged to submit All States parties are obliged to submit regular reports to the Committee on how regular reports to the Committee on how the rights are being implemented. the rights are being implemented.

States must report initially within two States must report initially within two years of accepting the Convention and years of accepting the Convention and thereafter every four years. thereafter every four years.

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PERIODIC REPORTING.PERIODIC REPORTING. Each State party to the Convention must submit to Each State party to the Convention must submit to

the Committee an initial comprehensive report on the Committee an initial comprehensive report on measures taken to implement the Convention.measures taken to implement the Convention.

The initial report shouldThe initial report should Establish the constitutional, legal and Establish the constitutional, legal and

administrative framework for the implementation of administrative framework for the implementation of the Convention;the Convention;

Explain the policies and programmes adopted to Explain the policies and programmes adopted to implement each of the Convention’s provisions; andimplement each of the Convention’s provisions; and

Identify any progress made in the realization of the Identify any progress made in the realization of the rights of persons with disabilities as a result of the rights of persons with disabilities as a result of the ratification and implementation of the Convention.ratification and implementation of the Convention.

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Each State party must submit subsequent reports Each State party must submit subsequent reports at least every four years or whenever the at least every four years or whenever the Committee requests one. Committee requests one.

Subsequent reports should:Subsequent reports should: Respond to the concerns and other issues Respond to the concerns and other issues

highlighted by the Committee in its concluding highlighted by the Committee in its concluding observations in previous reports;observations in previous reports;

Indicate progress made in the realization of the Indicate progress made in the realization of the rights of persons with disabilities over the rights of persons with disabilities over the reporting period; andreporting period; and

Highlight any obstacles that the Government and Highlight any obstacles that the Government and other actors might have faced in implementing other actors might have faced in implementing the Convention over the reporting period.the Convention over the reporting period.

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States parties should prepare their States parties should prepare their

reports in an open and transparent reports in an open and transparent manner and should consult with and manner and should consult with and involve persons with disabilities and involve persons with disabilities and their representative organizations. their representative organizations. 

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IMPORTANCE OF PERIODIC IMPORTANCE OF PERIODIC REPORTING.REPORTING.

Encourages Governments to undertake a Encourages Governments to undertake a comprehensive review of national legislation, policies comprehensive review of national legislation, policies and programmes on human rights and disability;and programmes on human rights and disability;

Ensures that each State regularly monitors the Ensures that each State regularly monitors the realization of the rights of persons with disabilities;realization of the rights of persons with disabilities;

Encourages Governments to set priorities and Encourages Governments to set priorities and indicators against which they can judge performance;indicators against which they can judge performance;

Provides Governments with a benchmark against Provides Governments with a benchmark against which subsequent reports may be compared;which subsequent reports may be compared;

Provides an opportunity for public discussion and Provides an opportunity for public discussion and scrutiny of the Government’s performance; andscrutiny of the Government’s performance; and

Highlights difficulties in implementation that might Highlights difficulties in implementation that might otherwise have gone unnoticed.otherwise have gone unnoticed.

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FOLLOW-UP TO PERIODIC FOLLOW-UP TO PERIODIC REPORTING.REPORTING.

Once the Committee has considered Once the Committee has considered the report and formulated its the report and formulated its concluding observations and concluding observations and recommendations, the Committee recommendations, the Committee may transmit its findings to the may transmit its findings to the various specialized agencies, funds various specialized agencies, funds and programmes of the United and programmes of the United Nations for follow-up in the form of Nations for follow-up in the form of technical cooperation.technical cooperation.

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CONCLUSION.CONCLUSION.

Consumers should be involved in Consumers should be involved in advocacy work.advocacy work.

Consumers should be involved in the Consumers should be involved in the review process of national laws, review process of national laws, policies and programmes.policies and programmes.

Consumers should also hold their Consumers should also hold their governments responsible and governments responsible and accountable.accountable.

ASANTE SANA.ASANTE SANA.