US National Council on Disability Statement to the Oireachtas Joint Committee on Foreign Affairs; Sub-Committee on Human Rights
The National Council on Disability would like to thank the Human Rights Sub-Committee for the opportunity to address this important hearing.
To begin, NCD would like to recognize Ireland's leadership in the global movement for the human rights of people with disabilities. We applaud your tireless efforts over the past decade to move the UN human rights machinery closer, one step at a time, to recognizing disability as a human rights issue. Although the establishment of an Ad Hoc Committee to begin work on an international convention was the result of a specific initiative by Mexico, it is recognized by the disability community that Ireland's vision and persistence helped pave the way for the convention initiative. NCD commends the Irish government for your historical leadership on this issue, believing that the recent progress toward a convention would likely have been much more challenged without it.
The National Council on Disability is an independent advisory board appointed by the President, with the mandate to advise the President and Congress on disability issues. In this role, NCD has been promoting the development of an international convention and encouraging the U.S. Administration and Congress to engage actively and positively in the process. There is a human rights crisis in our world today, whereby no fewer than 600 million people are being drastically underserved by the human rights system. Though in our country - much like yours - domestic legislation has found a good measure of success in articulating and protecting the rights of people with disabilities within our borders, this is not the case worldwide. Furthermore, we recognize that even in our own country, the disparity between people with disabilities and the rest of society in terms of social, economic and political empowerment remains significant. The question then is this: how can a convention positively impact this situation, at home and - even more importantly - around the world?
The answer to this question goes beyond examining what a convention itself will achieve. Both the merits and challenges of international human rights instruments have been widely discussed. Professor Quinn's presentation to this Committee details the compelling case for the development of a specialized convention on the rights of people with disabilities. However, perhaps equally as important as looking at the final outcome of the treaty, is an examination of the opportunities already being created by the process itself.
Those opportunities are being recognized to varying degrees by different actors. The disability community has enthusiastically sought to take advantage of what this process has to offer. Coalition groups and electronic exchanges worldwide are springing into discussion and action. People with disabilities from developing countries are enthusiastic for more information and training on how to engage in this process. By sheer force of determination, the disability NGOs present at the first Ad Hoc Committee meeting managed to carve out a significant role for civil society within the committee process - something that it has taken other groups years to achieve in previous treaty processes. Meetings and roundtables are taking place, locally, nationally and regionally within the disability community to discuss positions, approach and strategies for coordination. In short, one of the most disenfranchised and underfunded social movements on the planet is figuring out how to make its voice heard. The mere willingness of the UN to discuss the development of a convention has catalyzed people with disabilities from all over the world to take steps toward internationalizing the disability movement, to create a truly global force for change.
Beyond the disability community, the mainstream human rights movement is slowly beginning to stir. After decades of leaving human rights violations against people with disabilities largely unmonitored, unreported and unadressed, groups like Amnesty International and Human Rights Watch are looking at the move toward a convention, admitting publicly that their agendas seem to be missing this piece of the human rights puzzle. The development of a convention is beginning to create the impetus for the mainstream human rights movement to consider the human rights of people with disabilities as within its remit.
Even foundations and other important donors who have long claimed that they fund "human rights, not disability" are looking more carefully at proposals to support disability advocacy and capacity building, in the light of this treaty process. Though funding is hardly flooding in, the door has been opened a crack, and that is a very encouraging sign.
Despite these positive trends developing within civil society, we must recognize that the situation is still tenuous at best. The disability community is doing what it can to build momentum and support. But, we have reached a critical moment when governments must step forward and declare - in concert and without hesitation - that this process is worthy, this convention is needed and that the time has come for the rights of people with disabilities to be recognized on the same basis and with the same level of commitment as the rights of others. It is time to say that division and apathy have no place in human rights. The mandate of the Ad Hoc Committee to "consider proposals" for a convention must be taken to the next level. Work on the drafting of a convention must be ordered to begin.
It is not enough for the developing countries to stand up alone and make this declaration. Disability is a global issue that cuts across every boundary - social, economic and geographic. The credibility of this process depends on all nations gathering the political will to push ahead together - especially those who have succeeded in guaranteeing rights for their own citizens with disabilities, such as the US and Ireland.
The progress and momentum achieved to this point are encouraging but far from safe. Ireland has an important role to play in ensuring that people with disabilities will not again be cast aside by the human rights system but instead will be permanently integrated into its legal framework. A unified EU will send the message to the world more loudly and more clearly than perhaps any other voice.
The National Council on Disability will continue to encourage the US government to provide leadership and support to the development of a convention, working together with all nations that seek to promote social justice and uphold the human rights of every person.
Thank you again for the opportunity to address this important meeting.
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