OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS FOLLOW-UP TO OHCHR QUESTIONNAIRE FOR ORGANIZATIONS OF PERSONS WITH DISABILITIES, AND OTHER CIVIL SOCIETY GROUPS The Office of the High Commissioner for Human Rights has an important role in supporting States, civil society and national human rights institutions implement and monitor the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol (OP)1. Ensuring participation of civil society and in particular of persons with disabilities in this process is a general principle and an obligation enshrined in the Convention, guiding the work of the Office in this area. OHCHR is firmly committed to strengthen and build effective partnership with civil society and in particular with Organizations of Persons with Disabilities in the implementation of the Convention and its OP. In this context, in September 2007, OHCHR sent out and posted a questionnaire on its website aiming to collect information about: i) organisations working on disability, ii) their level of awareness about the UN human rights system including the Convention, its OP and the future Committee, iii) their views and suggestions regarding the OHCHR civil society manual “Working with OHCHR and the UN Human Rights System” a Handbook for civil society” in process of revision, and iv) their views on the information and materials needed to further engage with the UN human rights system and OHCHR. Over a two months period, the Office received 137 questionnaires from different organisations. Thanks to civil society engagement and responses to the questionnaire: 1. OHCHR has increased its knowledge about organizations of persons with disabilities, experts and other organizations working on disability. 2. OHCHR has expanded its civil society database with organisations and experts working on disability, including organizations of persons with disabilities. This will allow further engagement and a greater outreach capacity of OHCHR in the future. 3. OHCHR is updating its “civil society handbook” ensuring it addresses the information requests expressed by the organizations of persons with disabilities in their responses to the questionnaire. OHCHR will support a wide dissemination of the Handbook particularly among persons with disabilities and their representative organisations, experts and other organisations active in the field of disability. Addressing the knowledge gap on the UN human rights system and the work of the Office will allow a 1 The Convention on the Rights of Persons with Disabilities (‘CRPD’ or ‘Convention’) and the Optional Protocol (‘OP’) thereto were adopted on 13 December 2006 by the UN General Assembly. As of 5 February 2008, 125 States have signed the Convention and 17 have ratified the same, while 71 States have signed the OP and 11 have ratified it. 1 greater engagement of these organizations, including with the future Committee of the rights of Persons with Disabilities. 4. OHCHR and the UN Department of Economic and Social Affairs (DESA) - the joint Secretariat for the CRPD – have already prepared new materials that respond to some of the information needs and suggestions highlighted by civil society in their responses to the questionnaires: i) “Questions & Answers on the main features of CRPD and its OP” and ii) a monthly newsletter, launched by DESA - “Enable Newsletter”-, with information on relevant issues, developments and events in the area of human rights and disabilities”. Both documents are available at OHCHR and DESA WebPages, and organisations and individuals are allowed to subscribe online to the Newsletter. OVERVIEW OF CIVIL SOCIETY ANSWERS TO THE QUESTIONNAIRE The questionnaire requested civil society views on their capacity to engage with the UN human rights mechanisms and OHCHR; their level of awareness about the UN human rights system, OHCHR and its civil society handbook; their information needs; as well as civil society views about the importance of CRPD and its OP particularly in relation to their work. We are providing below a summary of the responses received from the responding organizations of persons with disabilities, experts and other organizations working on disability. A. Capacity to engage with UN human rights mechanisms and OHCHR Overwhelmingly, the majority of organizations responding to the questionnaire expressed their firm will to engage with both UN human rights mechanisms and OHCHR. They acknowledged not knowing how to establish cooperation with the Office or how to engage with the UN human rights mechanisms. B. Level of awareness about the UN Human Rights System, OHCHR and its civil society handbook. According to the answers received, a significant number of organisations working in the area of disability and Organizations of Persons with Disabilities acknowledged their limited knowledge of and awareness about the UN Human rights System and the Office of the High Commissioner for Human Rights. Half of the organisations answering to the questionnaire recognized being somewhat or not at all familiar with the UN Human Rights Protection system and 33 percent of them being somewhat or not al all familiarised with OHCHR. Around 80 percent of the organisations expressed their interest in knowing more about the UN Human Rights Protection System. Based on the answers received, half of the responding organisations had not known about the existence of OHCHR civil society handbook prior to the questionnaire and 25 percent acknowledged their limited knowledge. 2 Regarding the question on whether the (old version) of the Civil Society Handbook provides relevant information for persons with disabilities and their representative organisations, only half of the organisations responded. The great majority of them, considered that the publication includes relevant information, but that additional one is needed. (It has to be noted, that the Convention on the Rights of Persons with Disabilities and its Optional Protocol was adopted 2 years after the Handbook had been elaborated). B. Civil Society Information needs and other requests In the questionnaire, organisations and experts were requested to identify the sort of information they would like to receive regarding the OHCHR, the CRPD as well as other information that could help them increasing their engagement with OHCHR and the UN Human Rights System. In addition, organisations and experts were asked their views on other additional information they would like to see included in the civil society handbook. Information requests on OHCHR and UN human rights system According to the responses received, organizations of persons with disabilities and other civil society actors would like to learn more about OHCHR’s mandate, structure, functions, field work and activities, in particular about those activities and programmes targeting persons with disabilities. Interest was as well expressed to receive information about OHCHR strategy to mainstream the rights of persons with disabilities in its programmes and activities. Importantly, the great majority of organizations and experts responding to the questionnaire demanded concrete information on the type of cooperation or partnership they could establish with OHCHR, and how to engage with the UN human rights different mechanisms. For instance these organizations asked for guidelines on the preparation of NGO (alternative or shadow) reports to the treaty monitoring-bodies, as well as on accreditation requirements to participate in the Human Rights Council. Many organisations have requested as well clarification on the kind of technical and financial support that organizations of persons with disabilities and other civil society actors can expect from OHCHR. In addition the great majority of organisations have highlighted the importance of being regularly informed and updated about relevant developments in the field of human rights, including ongoing reforms, conferences and other relevant meetings and events. Responses to the questionnaire have as well identified civil society demands of specific information materials (training manuals, publications, reports) on disability and human rights as well as on the Convention and its OP in accessible and user friendly formats. Information requests on the Convention on the Rights of Persons with Disabilities Organizations of persons with disabilities and others responding to the questionnaire have stressed the importance for civil society and in particular of persons 3 with disabilities to be fully aware of the content of the Convention. To this end they have requested information materials explaining the content of the Convention, in accessible and easy to read formats. In addition, these organizations have requested information on the implications of CRPD ratification (upon its entry into force) at the national level as well as on States efforts in the implementation of the Convention including possible best practices as well as good examples of civil society activities promoting, protecting and monitoring the rights enshrined in the Convention. These organizations noted their desire to be regularly informed about the UN strategy to promote the ratification of CRPD and its OP as well as about the number of State ratifications of both instruments. A number of organizations requested as well information about the Convention-making process. For some, OHCHR website has the potential to expand its “human rights and disability section” to address civil society information requests. Others identified the issuance of a regular Newsletter with relevant information on relevant developments in the field of human rights and disability as a possible tool to address the abovementioned information needs. Organizations and experts responding to the questionnaire have stressed the importance given in the Convention to the role of civil society in its implementation and monitoring. They have identified their need to receive further guidance on their role on this regard. Some organizations asked OHCHR to elaborate guidelines clarifying the role of civil society on the promotion, monitoring and implementation of the Convention. Moreover, information requests have as well referred to the Committee on the Rights of Persons with Disabilities, its composition, its role, its rules of procedure and how civil society and particularly organizations of persons with disabilities can participate in the establishment and work of the Committee. Accessibility demands Organizations of persons with disabilities, other organisations and experts have systematically stressed the importance of accessibility and their interest in learning about UN and OHCHR accessibility (buildings, WebPage, documents, employment policies etc.) as well as measures to become fully accessible in line with the CRPD. Some organisations have as well stressed the importance ensuring that the Convention on the Rights of Persons with Disabilities was made available in accessible formats for persons with disabilities (Braille, easy to read formats etc.) Organisations welcomed the fact that the electronic version of the civil society handbook was available in word format, a requirement for ensuring its accessibility for persons with visual disabilities. Moreover, they stressed the importance of ensuring Braille versions, plain text and easy to understand versions of the Handbook. Organisations highlighted as well the language barrier, for ensuring a wider distribution and dissemination of the Handbook, particularly in the local context. At the moment the questionnaire was distributed, the Handbook only existed in English and Arabic. Now, it is also available in Spanish, and it will be in the future translated as well in French. Nevertheless, many organisations highlighted the importance of the translation of the manual in local language. 4 C. Civil society views on the importance of CRPD and its OP as well as their relevance in their work More than 75 percent of the responding organisations and experts said to be very aware, or aware of the CRPD and its OP. Nearly all organisations stated the relevance of the Convention and its protocol in their work. However, 45 percent of the responding organisations and experts acknowledged being somewhat or not at all aware about the Committee on the rights of the persons with disabilities, established by the Convention. Organizations and experts responding to the questionnaires overwhelmingly recognized the paramount importance of CRPD and its OP in the recognition of the rights of persons with disabilities and in ensuring the full participation and inclusion of persons with disabilities in all areas of life and in all societies. They see the adoption of these two legal instruments as a fundamental step towards ensuring that national legislation and policies implement, respect and protect the rights of persons with disabilities. From their perspective, the Convention and its OP constitute the basis for civil society work in the area of disability and in monitoring, protecting, promoting and raising awareness on the rights of persons with disabilities. E. Examples of planned activities involving CRPD and its OP According to the responses received, civil society will focus strongly on advocating and lobbying for the ratification and promotion of the Convention and its Protocol, as well as on raising awareness of politicians, parliamentarians, persons with disabilities, society at large and the media about both instruments and the rights contained therein. Equally civil society work on the Convention will focus as well on inclusive education, legal capacity, rehabilitation, mainstreaming the rights of persons with disabilities in the work of other organizations, on social and economic inclusion of persons with disabilities, legislation reform, monitoring the implementation of the Convention and on capacity building of persons with disabilities. To list a few, activities included training sessions, seminars, awareness-raising campaigns, workshops and conferences, elaboration of publications, reports, press releases and awareness raising materials on the Convention and its implementation, the rights of persons with disabilities and related issues. A number of organizations mentioned as well their activities on translating the Convention and its OP into their local languages and their further distribution and dissemination. F. Examples of previous cooperation and work with OHCHR Some of the organisations and DPO’s answering the questionnaire have explained their experience in working with OHCHR. Examples of cooperation have ranged from participating in meetings and seminars organised by or with OHCHR, inviting OHCHR to participate in their meetings, seminars and trainings, and cooperation in the organisation of parallel events to the Human Rights Council’s sessions. Cooperation with OHCHR included as well information sharing regarding alleged violations of the rights of persons with disabilities as well as consultation on draft legislation concerning the rights of persons with disabilities. Other organisations stressed that during the elaboration of the CRPD they received valuable information and advice from OHCHR that helped them strategizing their own interventions. 5 OHCHR FOLLOW-UP ACTIONS With the aim to gradually meet the information needs and suggestions highlighted in the questionnaires by persons with disabilities and their representative organizations, experts and other organisations active in this field, OHCHR has decided to take the following actions during 2008 and 2009: - OHCHR has decided to improve OHCHR website section on human rights and disability by expanding the information provided and by improving its accessibility. (ongoing work) - OHCHR has decided to develop informative materials, in an easy to read and to distribute format on the Convention and its OP that will be posted on the web, to facilitate their use by interested organizations and actors. (20082009) 6