CELEBRATING THE 10TH ANNIVERSARY OF THE UNCRPD,
Human Rights Council 8th Session of the Social Forum acknowledges promotion and full and equal enjoyment of all human rights and fundamental freedoms by all PWDs in the context of the 10th anniversary of the adoption of the convention on the rights of PWDs, Geneva 3-5th October.
“Non-discrimination and Accessibility”: ‘Leaving No One Behind’
Thank you for providing me an opportunity to speak on behalf of Indigenous Person with Disabilities Global Network. I am Pratima Gurung, Asia Member of the Indigenous Persons with disabilities Global Network.
Celebrating the 10th anniversary of CRPD, lot has been done in the lives of PWDs at all levels however if we see at the ground we still feel that there has lot to be done respecting the diversity of PWDs including IPWDs. In this regard I would like to begin my presentation from a global south, from a developing country Nepal after the post earthquake situation. An indigenous woman with disability, living with her 64 years old mother, had been raped by one of the armed police 13 years ago duringarmed conflict which added consequencepregnancy and gave birth a baby boy who is 12 years old now;however, she and her childare still waiting for justice. As being a woman, having severe disability, belonging to an ethnic group from rural part of country, living in poverty, inaccessibilityto service provider, state’s official language inefficiency and cultural values were some of the reasons that she was excluded in her own community anddidn't get justiceyet.
With this example, I would like to emphasize an indigenous lens to look at the disability concerns. In this connection, I want to draw attention on the preamble of UNCRPD, with the article 5on nondiscrimination, article 9 on accessibility and article 30 as a fundamental rights and concerns of indigenous persons with disabilities in harmonious with culture, traditions and pattern of indigenous peoples. Non-discrimination to persons with disabilities on the ground of race, color, sex, ethnicity, language, […] has been enshrined in the preamble andseveral articles of the convention that includes all PWDs and 54 millionIPWDs. However, IPWDs face multiple forms of social deprivation, alienation and segregation arising from intersectionality of indigeneity and disability. We experience asubtle formof discrimination and are treated differently and distinctly than other PWDs in our daily lives. Many programs that aremeant to benefit PWDs and IPs are inaccessible for IPWDs.
The uniqueexperiences that IPWDs encounterare,first,structural and social barrier related with traditional values, unfavorable policies/provisions and institutional system and practices that discriminate against IPWDs in term of restorative justice, economic empowerment and social inclusiveness that are followedeven in the private domain as a culture. Second, general discrimination like, access tolimitedopportunities, following customary values and practices, ethnic attitudes towards disability and customarily inappropriate services, integrating collective rights.Lastly,the internal and structural discrimination within disability and indigeneitypracticesthat IPWDs faceare relatedwith participation, representation in decision-making of public and social affairs. Lack of understanding of cultural frameworks and community dynamics, cultural sensitivity and knowledgeis not simply unjust; it aggravates the conditions of IPWDs and push furthertowards marginalization, isolation and exclusion. These impacts are indivisible, interrelated, interdependent, therefore discrimination on the ground of ethnicity has remain most of the times unreported, unnoticed, unheard and are less debated in public forum.
In addition,knowledge gap on accessibility like access to information and communication, programs like health, education, economic constraints, geographical mobility, living condition and environmental impacts, accessible to community language and disability specific support services experienced by IPWDs have created poverty traps. For IPWDs, historical oppression, social deprivation obstructs opportunities to attain adequate access to services likecommunity environment, information and language barrier in receiving most services provide by the state in general and in most emergency situation. Insufficient service policies, misunderstanding among right holders and service provider in obtaining education, health, and employers in appropriate jobs deter IPWDs mostly. Strategies to providing services to reach the farthest behind first remain a challenge most of the times. A prescriptive or one-size-fits-all approach to enhance access for IPWDs is not feasible, since the situations of IPWDs vary from region to region and from country to country.
It is, therefore, important to keepin mind the differences and diversity in aspirations first, second the social context and cultural preferences including the individual and collective rights and issuesby listening their voices, documentation and reaserchare essential. Third,opening up the dialogue, engaging with IPs’ discourse on disability, to discuss the lived experiences, their needs and priorities, non-discriminatory practices through cross movement collaboration is fundamental. In addition, protection of all PWDs including IPWDs rights and development through partnerships, providing equal opportunity will integrate respecting every individual. Fourth, participation and recognition as a contributing members of society who must not face any discriminationand no one should be left behind, need to be the core value of understanding non-discrimination where cultural competency involving multi-sectoral and multiagency efforts and approachneed to be incorporated to address the accessibility of PWDs where IPWDs should be integral part of it.