Comments, proposals and amendments submitted electronically

Governments

CHILE

ARTICLE 18 - Participation in political and public life

Letter (a) item (iii) should be modified as follows:

(iii) Guarantee the effective exercise of the right of suffrage to all citizens with disabilities who request for it, and the necessary assistance to this effect, including the alternative of assisted voting, which does not impede the secrecy of the ballot indicated in the previous point (appreciation of assisted voting).

Letter (c) should be modified as follows:

(c) Ensure the participation of persons with disabilities and their respective organizations on an equal footing with others, in all the processes of adopting decisions in matters of public interest and the disabled in particular, implying their participation in the design, implementation, control and evaluation of public policies, as well as in legislative proposals. (note: idea of sectorial collaterals/idea of no thematic partitions)

OBSERVATIONS

- The possibility of exercising “public positions” which are not necessarily those of elections, should be included.
- The Working Group of the Special Committee indicates that a similarity exists between letter (c) of Article 18 and paragraph 2 of Article 4: the latter refers to the implementation of the Convention, which means in the international sphere and Article 18 pertains directly to the national sphere.

EUROPEAN UNION

Draft Article 18
PARTICIPATION IN POLITICAL AND PUBLIC LIFE

EU Proposal: Move this Article to before Article 8

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 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 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:

EU Proposal: EU suggests insertion of “without discrimination” after “public administration”

(i) participate on a basis of equality in the activities and administration of political parties and civil society;

EU Proposal: EU suggests deletion of “on a basis of equality”

(ii) form and join organisations of persons with disabilities to represent persons with disabilities at national, regional and local levels;

(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.

EU Proposal: EU suggests replacing “participate, on an equal basis to others” with “can participate without discrimination and on an equal basis to other citizens”.

KENYA

Draft Article 18
PARTICIPATION IN POLITICAL AND PUBLIC LIFE

Insert the phrase ‘are secure’ in (a) after (a) (i) so that it reads:

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 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) are secure

(ii) protect the right of citizens with disabilities to vote by secret ballot; and

(iii) allow, where necessary, the provision of assistance in voting to citizens with disabilities;

UN System organizations

OHCHR

See references to international human rights conventions and jurisprudence.

National Human Rights Institutions

ONTARIO HUMAN RIGHTS COMMISSION

Article 18 – Participation in Political and Public Life

The Commission is supportive of this draft Article. In 2000, the Commission reached a settlement in cases where two individuals with visual disabilities filed complaints against the City of Ottawa alleging they were unable to cast a secret ballot independently as required by law during the 1997 municipal elections because the City could not accommodate their needs. The City agreed to review its practices and ensure accessibility for future elections.

Non-governmental organizations

AUSTRALIAN NGOs

Intervention at the Third Session:

Draft Article 18

Mr Chairman:

Thank you for this opportunity to address the Ad Hoc Committee.

The ability to effectively participate in civic affairs on equal terms with others is a condition precedent to the enjoyment of human rights. Due to structural and personal disadvantage, social isolation, discrimination, stigma and impairment, people with disability require specific assistance to participate in civic affairs on equal terms with others.

For this reason we applaud sub-paragraph (b) (ii) which recognizes the right of people with disability to form and join organizations of people with disability at national, regional and local levels. However we believe this obligation should be strengthened in three key respects as proposed by the Bangkok draft.

First, the article should make clear that people with disability are entitled to form and join ‘independent’ organizations. The independence of our organizations is a key dimension not captured in the current draft text, and is crucial to the integrity of our civic participation.

Second, the article ought to require States to “provide recognition and financial support to such associations in order to promote the full realization of the rights of persons with disability” as also proposed by the Bangkok draft. In the absence of public financial support for organizations of people with disability they will not be able to fulfill their role within civil society.

Third, the levels of participation of organizations of people with disability ought to be expanded to also recognize the crucial role they have to play at the international level, as our participation in the development of this convention clearly demonstrates. The role of our organizations in international affairs will become increasingly important as this convention enters into force, and as intergovernmental bodies and other multinational entities begin the process of adjustment to the requirements of the convention. Organisations of people with disability will have a crucial role to play in reporting, monitoring, and other compliance measures in relation to the implementation of the convention.

Sub-paragraph (c) requires States “to 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.” In our view this sub-paragraph ought to be strengthened to require States to recognize the primacy of the participation of people with disability in decision-making processes that affect our lives. We want more than equal standing with others on these matters. To facilitate our participation in public policy development, we believe the article ought to require States to establish central disability policy coordination points within and across Government.

In relation to establishing the right to accessible voting procedures, the scope of sub-paragraph (a) needs to be expanded to add the words “information and materials” to “voting procedures and facilities.” This is to ensure all dimensions of the voting process are accessible to people with disability. The article must also prohibit State laws from denying voting rights to people with disability on the basis on mental illness or intellectual impairment.

Finally, some of the language of the article requires significant strengthening. The term “actively promote” in paragraphs (a) and (b) should be replaced with the term “to ensure” in recognition that civic participation, including the right to vote are civil and political rights that must be immediately realized. The term “appropriate” in sub-paragraph (a) (i) should be deleted as it adds nothing to the meaning of the sub-paragraph and may allow it to be read down. For the same reason we recommend deletion of “as appropriate” from the chapeau of sub-paragraph (b).

BIZCHUT

Draft Article 18 – Participation in Political and Public Life

Establishment of organizations and joining them – typical autonomous action that does not call for involvement of the State

The act of forming and joining organizations of persons with disabilities is a typical expression of autonomy, independence and self-advocacy.

Furthermore, it is a manifestation of the principle of participation - on the political level - in decision-making that affects their own lives.

It is precisely the differentiation between the roles of State authorities and of the organizations that enables a constructive relationship between them; at times organizations carry out negotiations with State authorities or work shoulder-to-shoulder; at times they protest and struggle against the State. This dynamic is a sign of a healthy and vital civil society.

Connecting the State to the creation of organizations – as suggested by clause (b)(ii) – is foreign to the separation and division of roles described above, as it is to the principle of autonomy and independence. The role of the State should be to ensure participation of persons and organizations in the general political realm on the basis of equality (clause (b)(i)), but the State should not be involved in the process of joining or creation of organizations by persons with disabilities. Therefore we suggest that clause (b)(ii) not be included in the Convention.

EUROPEAN DISABILITY FORUM

Draft Article 18 Participation in political and public life

The right to vote, by secret ballot, and to stand for elections has to be explicitly guaranteed. The article has to make clear that it covers persons with all types of communication disabilities.

The article should also refer to accessible information and election materials and ensure the full participation of disabled people in all stages of the electoral process.

This article should refer specifically to the freedom of association of disabled people. EDF supports the proposed article (23.2) included in the Bangkok draft, which states that : "

a. All persons with disabilities have the right to freedom of association.

b. States Parties shall take all necessary measures to:

i. recognize the right of persons with disabilities, their family members and supporters to form independent organisations for representation and self help; and

ii. provide recognition and financial support to such associations in order to promote the full realization of the rights of persons with disabilities.”

INTERNATIONAL SAVE THE CHILDREN ALLIANCE

Draft Article 18 - participation in political and public life

This section is written to ensure that people with disabilities are allowed to vote, stand for election and take part in public affairs. The Convention on the Rights of the Child says that children have a right to be heard on issues that affect them. This includes legislation and policies. Many governments have begun to set up consultation forums for children and young people, but very often children with disabilities are excluded. We therefore want to include a section, pointing out that children have the right to be involved.

Suggested changes

States Parties recognise the political rights of persons with disabilities, without discrimination, and undertake to:

18.b actively promote an environment in which persons with disabilities, including children, can effectively and fully participate in the conduct of public administration, and shall encourage, as appropriate, their participation in public affairs, including to:

(c) to ensure that persons with disabilities, including children, 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.

LANDMINE SURVIVORS NETWORK

DRAFT ARTICLE 18 COMMENTS

Draft Article 18 provides coverage of well-established rights of participation in political and public life (Cf. International Covenant on Civil and Political Rights, Article 25) and highlights, therefore, a fundamental right to which people with disabilities are frequently denied, not only in the voting context, but in a wide range of decision-making processes where their interests are affected. This provision is in keeping with recent developments in international human rights law in the context of participation in decision-making for particularly disadvantaged groups. (Cf. Convention on the Rights of the Child, Article 12; ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries, Articles 6 & 7).

Draft Article 18 sets forth in three sub-paragraphs obligations that States are to undertake in relation to voting and holding public office, participation in political organization and, more generally, decision-making in which their interests are affected. While a level of specificity in relation to access to voting in particular is included in sub-paragraph a, the same degree of specificity is not provided in relation to other decision-making processes. The prevailing practice in relation to ensuring the participation of marginalized groups in society is to provide a level of detail that exposes and addresses potential barriers to the realization of rights of participation. In this regard, the Ad Hoc Committee may wish to pay particular attention to ILO Convention, as noted in Footnote 65. (Cf. ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries, Articles 6 & 7). In particular, attention should be given to the participation of people with disabilities and their representative organizations in development decision-making at all levels. Notably absent, but covered in other human rights treaties, is the explicit recognition of the rights to represent government at the international level and to participate in the work on international organizations, (to which one could also add regional organizations.) (Cf. Convention on the Elimination of All Forms of Discrimination against Women, Article 8.)

WORLD BLIND UNION

PARTICIPATION IN POLITICAL AND PUBLIC LIFE

Article 18:

Under para (a), it must be clear spelled out in a separate para that access to secret voting and the right to stand for election are fundamental rights.

Widen the focus so that it covers every kind of communication disabilities (blind, deaf, blind-deaf, learning disability, dyslexia, physical etc).

It is also important to underline the need of access to all kinds of information and election materials.

There is a need to spell out the States obligation to improve accessibility in all areas.

WORLD NETWORK OF USERS AND SURVIVORS OF PSYCHIATRY

Draft Article 18

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 ADD: by guaranteeing the right and opportunity of citizens with disabilities to vote and be elected, and by ensuring that voting procedures and facilities:

WNUSP COMMENT: WNUSP urges the addition of the term “by guaranteeing” in paragraph (a), to ensure that the right of universal suffrage is protected for all people with disabilities. In many countries, this right is still deprived by law, and correction is imperative. See ICCPR article 25, and also the Mexican proposal of elements for a convention, article 11, which would require states to “guarantee exercise of the right to universal and secret suffrage of all persons with disabilities.”