Below is the actual submission that was table to the committee. Hope that you will enjoy reading and understand us better on our stand and position with the ratification of the Convention on the Rights of Persons with Disabilities.
Submission to the Parliamentary Standing
Committee on Foreign Affairs and Defense dated May 25,
2016 regarding the Convention
on the Rights of Persons with Disabilities
Submitted by: Youths for Integrity (Transparency International Fiji)
72 Pratt Street,
Suva, Fiji
(679)3304702
1.0 Introduction
1.1 The Youth for Integrity supports the ratification of the Convention on the Rights of Persons with Disabilities. Since the State signed this Convention a few years ago, an increase in awareness of
Persons with Disabilities has been observed.
1.2 Language usage and Sensitivity to Persons living with Disabilities have grown to the extent that Inclusivity of Persons with Disabilities are readily being accepted and supported by members of
our communities. The terms
“deaf”, “blind”,
“cripple” etc which
has discriminatory and subservient echos to it, now are being enlightened with “hearing impaired”, “visually impaired” and so forth. The usage of terminologies such as these have been attributed to by several vehicles, namely the
Civil society organisations with an
extra
special emphasis when implementing Projects and Programmes,
and Donor preferences of Inclusivity.
1.3 The global attention
given to
our brothers and
sisters
living with Disabilities have taught our local communities that the Disabled are part of our communities, and they should be treated with respect and dignity.
2.0 Convention Provisions
2.1 Portions of the Convention have been incorporated into the Constitution of the Republic of Fiji
(2013) and noticeably following the Signing of the Convention in 2nd June 2010. We, therefore, recognize the limitations and
reservations that are already in
place
by the
State.
2.2 We, further
understand, the
limitation
of resources available for the implementation
and
enforcement and
also that full ratification of this Convention
calls for Compliance by the State.
2.3 Therefore,
with
all
due respect, the Youths for
Integrity would recommend
the following reservations on the
Convention;
3.0 Reservations
3.1 Article
9: Accessibility
3.2 We do fully support the clause. However, we understand the limitation on this provision in our state as stipulated on the Constitution of the Republic of Fiji, 2013 Section 34 in regards to the availability of resources. Therefore,
it
is recommended that
we interpret this article as stipulated under Section 34 of the Constitution of
the Republic of Fiji (2013) on “Rights to
reasonable access to transportation”.
3.3 Article
27: Work and
Employment
Accepts the provision however, provides the state the right to exclude non-discrimination on the grounds of disability with respect to employment in the armed and security forces (i.e. Military,Police Force, Correction officers, and security forces)
3.4 Article
24: Education
We understand
that there
are limited resources
in most of our local schools and as such
challenges
in
accessibility for persons with disabilities. For instance, where Children with Disabilities need
to be educated outside
their
local
communities, which are
fully equipped to
handle their
Disabilities.
This will allow the child to access education
to his/her full potential as the resources
are
available and also teachers are already trained and equipped specifically to assist and trained them. Nevertheless, the parents of the disable children have the same opportunity as other
parents to state the preference for the
school of their choice to
enroll their child/children.
4.0 Recommendations
4.1 It is
recommended that the State
considers Reservation of the flagged
articles and also
at
the same time allow for the Ratification of the Convention provided that it is interpreted in the way the
Constitution of the Republic of Fiji, 2013 interprets it. Taking into account the Bill of Rights (Chapter 2) stipulated in
the constitution
especially;
· Section
42 – Rights of persons
with disabilities
· Section 11 –
Freedom from cruel and degrading treatment
· Section 20 –
Employment Relation
· Section 23 –
Political Rights
· Section 24 –
Right to Privacy
· Section 25 –
Access to
Information
· Section 26 –
Right to equality and freedom from discrimination
· Section 31 –
Right to Education
· Section 32 –
Right to Economic
participation
· Section 34 –
Right to reasonable access to transportation
· Section 35 –
Right to housing and sanitation
· Section 36 –
Right to adequate food and water
· Section 37 –
Right to social security scheme
· Section 38 –
Right to health
· Section 41 –
Right of Children
5.0 Particular Interest
a. The Responsibility of Ensuring
Compliance,
Full
Implementation and Monitoring of this Convention
needs
to
be clarified and
ascertained.
b. Is the possibility of Role Duplication real? This
is with regard to the Focal Point of Persons
living with
Disabilities,
and
other unregistered
groups/individuals living with Disabilities.
c. Awareness of Rights of Persons living with Disabilities- this needs to permeate all levels of society, including Access to National Exercises eg. Live Parliamentary debates are currently only available to the Hearing and Visually perfect members
of our communities.
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