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Article
29 - Participation in political and public life
Background Documents | Article
29 Background
Seventh Session | Sixth Session | Fourth
Session | Third Session
Working Group | References
Sixth Session
Governments
Non-governmental organizations
Arab Organization of Disabled PeopleInternational Disability Caucus
Joint Council for the Physically and Mentally Disabled - Hong Kong
Comments, proposals and amendments submitted electronically
Governments
ARTICLE 18
Canada - Talking Points – Aug. 3, 2005 – as drafted and delivered in part (many points not referred to since the Chair had already provided his summary, in which he indicated that he had understood the Committee to be moving in the direction Canada would have also proposed)
• Canada wholeheartedly supports the purpose of this Article, namely to ensure that persons with disabilities are equally and fully able to participate in political and public life and, in particular, that existing discriminatory barriers to such participation should be removed and new barriers should be prevented from arising.
• Canada therefore agrees with the spirit and intent of the Working Group draft language. However, in our view, many of the proposals made by the EU and New Zealand at the 3rd Ad Hoc Committee meeting, and reflected again in their statement today, improve significantly upon the text.
• In particular, Canada shares the view that the chapeau of Article 18 should be articulated in terms of equality and non-discrimination on the basis of disability. It should include a strong guarantee of the right and opportunity of persons with disabilities to participate in political and public life on an equal basis with others. In our view, and as New Zealand and others have already stated, framing the right in terms of equality should obviate the need to refer somewhat awkwardly to “citizens with disabilities”, as is currently done in the current Working Group draft para. a). [see art. 7 CEDAW]
• Having framed the general right to participate in political and public life in terms of equality, it is Canada’s view that the Article can then go on to elucidate, in a non-exhaustive manner, some of the specific ways in which the equal right to political participation by persons with disabilities may be promoted and achieved.
• To this end, Canada supports references to some of the particular ways in which voting procedures and facilities should be made accessible and should accommodate the diverse needs of persons with disabilities. In order to strengthen the language of current WG para. a), we believe it should also make explicit reference to voting materials, by which we mean ballots, voter guides, etc.
• In WG subpara a)i), Canada suggests adding “and use” (would read “are accessible and easy to understand and use”)
• With respect to subparas. a)ii) and iii), Canada joins the Chair in wanting to ensure that these subparas. are carefully drafted to ensure that secrecy of the ballot is preserved while ensuring that persons with disabilities are allowed to use the support they require to exercise their right to vote.
• With respect to WG para b), we agree with New Zealand, Argentina and others who believe that the chapeau to this para. should be strengthened, and in particular that it should refer to a participation in “political and public life”, as opposed to the more limited “public administration” currently found in the WG text.
• Canada also supports a reference in para. b) to participation “on an equal basis with others”, as per New Zealand and IDC draft language.
• Canada agrees with the Chair’s observation that this para. must be drafted carefully, with a view to the need to avoid interfering excessively in the affairs of political parties.
• Canada supports New Zealand and others’ proposal to refer under para. b) to participation of persons with disabilities in the formulation of public policy and their equal right to hold public office and perform all public functions at all levels of government. We believe that this captures the concept found in current WG para. c), which could then be deleted.
• If para. c) is to remain in the text, we agree with Chile and others that the reference to “in particular those concerning issues relating to persons with disabilities” should be deleted, as it could be interpreted as unduly narrowing the scope of the protection.
European Union Proposal for Draft Article 18 – 6th Ad Hoc Committee
The text is based on the New Zealand proposal from the 3rd Ad Hoc Committee
1. States Parties shall guarantee to persons with disabilities the right and the opportunity to take part, on the basis of equality, in the conduct of public affairs, including the right and opportunity to vote and be elected in all elections and public referenda and be eligible for election to publicly elected bodies. In particular States Parties shall ensure that voting procedures and facilities:
(a) are appropriate, accessible and easy to understand;
(b) protect the right of persons with disabilities to vote by secret ballot;
and
(c) allow, where necessary, the provision of assistance in voting to persons
with disabilities.
2. States Parties shall take all appropriate measures to ensure to persons with disabilities, on the basis of equality, the right:
(a) to participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;
(b) to participate in non-governmental organizations and associations concerned with the public and political life of the country.
3. In particular, States Parties shall actively promote an environment in which persons with disabilities can:
(a) participate in the activities and administration of political parties;
(b) form, lead and join organizations of persons with disabilities established to represent them at national, regional and local levels.
Draft Article 18
PARTICIPATION IN POLITICAL AND PUBLIC LIFE
States Parties recognize the political rights of persons with disabilities, without discrimination, and undertake to:
a. Actively promote an environment in which persons with disabilities can effectively and fully participate in political and public life, directly or through freely chosen representatives, including the right and opportunity of citizens with disabilities to vote and be elected, and by ensuring that voting procedures and facilities:
i. Are appropriate, accessible and easy to understand;
ii. Protect the right of citizens with disabilities to make a free and informed decision and to vote by secret ballot; and
iii. Allow, where necessary, the provision of assistance in voting to citizens with disabilities;
b. Actively promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public administration, and shall encourage, as appropriate, their participation in public affairs, including to:64
i. Participate on a basis of equality in the activities and administration of political parties and civil society; INCLUDING REPRESENTATION AND PARTICIPATION IN THE WORK OF INTERNATIONAL ORGANIZATIONS ---
ii. Form and join organizations of persons with disabilities to represent persons with disabilities at national, regional and local levels;
c. Ensure that persons with disabilities and their organizations participate, on an equal basis to others, in all decision-making processes, in particular those concerning issues relating to persons with disabilities.65
d. Ensure that persons with disabilities and their organizations PARTICIPATE on equal basis with others IN THE FORMULATION, IMPLEMENTATION AND EVALUATION OF PLANS AND PROGRAMMES FOR International, NATIONAL, REGIONAL and local DEVELOPMENT.
Footnotes:
64: The Ad Hoc Committee may wish to consider the differing levels of obligations that are appropriate for state and non-state organs in this paragraph.
65: The Ad Hoc Committee may wish to consider paragraph (c) alongside the similar provision in draft Article 4(2) of the present draft, and whether both provisions are necessary. The Ad Hoc Committee may also wish to compare both paragraphs to Article 6.1(b) of International Labour Organization Convention No. 169 and Rule 14 of the Standard Rules.
Draft Article 18
PARTICIPATION IN POLITICAL AND PUBLIC LIFE
States Parties recognise the political rights of persons with disabilities, without discrimination, and undertake to:
(a) actively promote an environment in which persons with disabilities can effectively and fully participate in political and public life, directly or through freely chosen representatives, including the right and opportunity of persons with disabilities to vote and be elected, and by ensuring that voting procedures and facilities:
(i) are appropriate, accessible and easy to understand;
(ii) protect the right of persons with disabilities to vote by secret ballot; and
(iii) allow, where necessary, the provision of assistance in voting to persons with disabilities by a person of their choice;
(b) actively promote a policy, legislative and administrative environment in which persons with disabilities can effectively and fully participate in the conduct of public administration, and shall encourage, as appropriate, their participation in public affairs, including to:
(i) participate on a basis of equality in the activities and administration of political parties and civil society organisations;
(ii) form and join organisations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels;
(iii) participate in all the state’s governance organs;
(iv) take all appropriate measures to ensure that persons with disabilities, without any discrimination, have the opportunity to represent their governments and to participate in the work of international organisations.
(c) to ensure that persons with disabilities and their organisations participate, on an equal basis to others, in all decision-making processes, in particular those concerning issues relating to persons with disabilities.
(d) Enable persons with disabilities to participate in the formulation, implementation, monitoring and evaluation of plans and programmes for local, national and international development, which may affect them.
New Zealand proposal for Article 18
“a bis States Parties shall ensure to persons with disabilities, on an equal basis with others, the right:
(a) to participate in non-governmental organisations and associations concerned with the public and political life of the country, including the activities and administration of political parties”;
(b) to participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government”
Art. 18 : participation in political and public life
States Parties recognize the political rights of persons with disabilities [and promote equal opportunities, - insert] without discrimination, and undertake to;
(a) actively promote an environment ……
(i) are appropriate, accessible and easy to understand [including but not limited to the provisions of assistive devices; - add]
(ii) [ensure – add] and protect the right of citizens….
(iii) allow, [when - delete and change to “whenever “] , the provision…..
(b) establish an environment in which persons with disabilities can effectively and fully participate in all sphere of political and public administration and governance with their active participation in public affairs, including but not limited to:
(i) Their participation on an equal basis;
(ii) Forming and joining organizations to ensure persons with disabilities
will be represented at local, national and international levels
(c ) Ensure that persons with disabilities and their organizations participate, on an equal basis to others, in all planning, policy and decision-making, monitoring and implementing process concerning on all issues and concerns.
Draft Article 18 : Participation in Political and Public Life
(1) Add to paragraph (a) within the text in the fifth sentence the phrase " or selected to represent persons with disabilities or any other group" to read:
18. ( a ) actively promote an environment in which persons with disabilities
can effectively and frilly participate in political and public life directly
or through freely chosen representatives ,including the right and opportunity
of citizens with disabilities to vote and be elected( or
Selected to represent persons with disabilities or any other group), and by ensuring that voting
procedures and facilities:
Non-governmental organizations
ARAB ORGANIZATION OF DISABLED PEOPLE
Article 18: Participation in Political and Public Life
1. AODP perceives the importance of having this article as a basic article
of the Agreement.
2. AODP believes that the most important issues involved in this article
are the following:
A. Admitting that political participation is a right of people with disabilities
being citizens equal to others in terms of rights and duties.
B. The need to consider such right obligatory to the parties. We then have
to shun using words such as: allowing, encouraging, and working on, etc.
C. People with disabilities of expertise in any area have the right to
represent their own countries in all local, regional and international
gatherings, conventions, meetings and conferences.
D. Party states are committed to provide all facilities that help people
with disabilities exercise all their political rights.
3. AODP sees that the Agreement must include a number of articles that
determine all guarantees that ensure enjoying such right.
INTERNATIONAL DISABILITY CAUCUS
- Draft proposal
Participation in Political and Public Life
August 3, 2005
State Parties guarantee to all persons with disabilities without discrimination
and on an equal basis with others the right to participate in public affairs
directly or indirectly through freely chosen representatives and to that
end undertake that persons with disabilities shall be guaranteed
(a) the right to vote in elections, referenda, and plebiscites; to stand
for elections and to hold office if elected;
(b) that procedures and facilities are appropriate, accessible to persons
with disabilities and easy to understand and
(c) the right to vote by secret ballot and if desired by persons with
disability the provision of necessary assistance of their choice to exercise
franchise.
2 State Parties shall take all appropriate measures to ensure that persons
with disabilities on a basis of equality between men and women can effectively
and fully participate in the conduct of public affairs and administration
including to
(a) hold public office and perform public functions at all levels of government;
(b) participate in activities and administration of political parties
(c) be integral members of civil society
(d) form and join organizations of persons with disabilities to represent
persons with disabilities at international , national, regional and local
levels.
3. State Parties shall ensure that persons with disabilities be consulted and involved on an equal basis with others in all policy making exercises and decision-making processes including plans and programs for national and regional development to enable inter alia due appreciation of the disability dimensions in such plans and policies. And persons with disabilities shall be afforded an appropriate leading role on issues and policies concerning persons with disabilities.
- Information sheet
Article 18 Participation in Political and Public Life
Prepared by the International Disability Caucus
The Right to participate in the political life of a country is an integral component of active citizenship. Such active citizenship has been for long denied to persons with disabilities either through exclusionary legal provisions or due to inaccessible procedures and facilities. This absence of persons with disabilities from the political sphere has resulted in issue of disability rights, duties and choice being relegated to the private arena thus making it a matter for families to reckon with or for persons with disability to battle on. An unequivocal article on political rights accords opportunity to persons with disability to rectify this wrong of public policy and enables persons with disability to show the political nature of the personal.
Even as we have kept track of the Working Group draft, to underscore its thematic divisions of we have divided the article into three parts. In the first part we have stressed on the electoral rights of persons with disabilities that is the right to vote; to stand for election and to hold office without discrimination and on an equal basis with others. As these rights are meaningless to persons with disabilities unless they are provided through procedures and facilities accessible to persons with disabilities we perceive these procedures as an integral part of our electoral rights and their non- provision a denial of our electoral rights. In similar tenor is our claim to vote by secret ballot and to be provided assistance of their choice if desired.
In the second part we have dealt with the right to participation in public affairs and administration. And in line with the mandate of mainstreaming gender we require that such participation should be on a basis of equality between men and women Here we are stressing on participation in public life which is not necessarily mediated through the electoral process for example the right to be considered eligible for public office and to hold such office.
Footnote 64 of the Working Group draft had required the Ad Hoc Committee to consider whether differing levels of obligations would be appropriate for state and non state organs. Even though political parties are not strictly speaking state agencies they are subject to high degree of regulation to ensure that they function in accordance with the tenets of a polity. Hence we do think that they can be subjected to greater degree of oversight and more effectively persuaded to include persons with disabilities in their activities. To that end we have disaggregated the obligations of political parties and civil society and placed them in two separate clauses.
As the disability rights movements and interaction of persons with disabilities with each other has been the single most important factor which has contributed to the political presence of persons with disabilities we are seeking measures of support to both set up organizations of persons with disability and to accord representational status to such organizations at international, national, state and local levels. Rule 18 of the Standard Rules underscore the significance and importance of organizations of persons with disabilities as consultative, representational and monitoring bodies.
The right to be consulted on an equal basis with others in the formulation of public policies and public decision-making we have dealt with in the third part of the article. Such consultation is required both in assertion of the citizenship rights of persons with disability and because there is a disability dimension to every plan and policy and such dimension should be fore-grounded at the design stage and not be inducted as an add on. Even as we demand equality in general policy, in recognition of our experiential expertise in disability matters we seek primacy of involvement in issues concerning persons with disabilities. The primacy we seek is also in accord with the primacy accorded to indigenous peoples and tribal populations by article 6.1(b) of ILO Convention 169. Rule 14 of the Standard Rules placed similar obligations on State parties. Footnote 65 required the Ad Hoc Committee to consider whether in view of the obligation placed in article 4 (2) there was a case for retaining article 18 ( c) . Article 4 (2) requires State Parties to consult with persons with disabilities and their organizations whilst developing policies and legislations to implement the Convention. As the right of consultation under article 18 (c) is a lot wider than what has been provided under article 4 (2) both articles would need to be retained.
JOINT COUNCIL FOR THE PHYSICALLY AND MENTALLY DISABLED - HONG KONG
Article 18 Participation in Political and Public Life
The participation in political and public life of persons with disabilities
is a fundamental right. State Parties should provide measures to ensure
their access to election materials and their participation in all stages
of the election process.