Importance and Perspectives of Importance and Perspectives of Universal Periodic Review Universal Periodic Review

(UPR) and Roles of Civil Society (UPR) and Roles of Civil Society OrganisationsOrganisations

Workshop to Accelerate the Implementation of the Convention on the Rights of Persons with Disabilities

(CRPD)18-21 August 2011, New Delhi, India

Presented byBirendra Raj Pokharel

PresidentNational Federation of the Disabled-Nepal

(NFDN)South Asian Sub-Regional Chair of DPI

Importance and Perspectives of Importance and Perspectives of Universal Periodic Review (UPR) Universal Periodic Review (UPR)

Presentation Contents: Background of UPR: The objectives of the UPR: GENERAL GUIDELINES FOR THE PREPARATION OF

INFORMATION UNDER THE UPR: South Asian Experience: Initiatives taken by Civil Society in Nepal: Documentation for the review: The Schedule of the review in some of the Asia-

Pacific Countries: Recommendation for the Establishment of "New

Decade of Rights of Persons With Disabilities in Asia-Pacific Region:

Annex I: UPR recommendation of the countries for Nepal:

Background:Background:

CRPD helps increase public awareness of barriers faced by PWDs,

, urge law and policy changes, provide redress in individual cases of rights

violations or abuses and channel resources into programs that support

the rights of PWDs. . Integrating disability into the global human

rights framework CRPD requires the state parties to recognize the

human rights of PWDs, The Convention requires to periodically reporting

to the UN on its progress in implementing and enforcing the treaty obligations.

Background of UPR:Background of UPR:

CRPD committee formed under article 34 review state report

The UPR is a unique process which involves a review of the human rights records of member states of UN every four years. 

The UPR is a State-driven process under the auspices of the Human Rights Council,

provides the opportunity to declare what actions the countries have taken to improve the human rights situations

the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed.

The objectives of the UPR The objectives of the UPR

to address human rights violations, improve the human rights situation, encourage States to fulfill their human

obligations and commitments, assess the positive developments and

challenge, enhance the State's capacity, provide technical assistance and share

best practices between stakeholders.

GENERAL GUIDELINES FOR GENERAL GUIDELINES FOR INFORMATION UNDER THE INFORMATION UNDER THE

UPR:UPR:

The Human Rights Council made the Decision 6/102. Follow-up to Human Rights Council resolution 5/1 at its 20th meeting on 27 September 2007

“Reaffirming the relevant provisions, related to the universal periodic review, of General Assembly resolution 60/251 of 15 March 2006

Human Rights Council resolution 5/1 of 18 June 2007

the institution-building package.

Guideline for UPR Guideline for UPR

A. Description of the methodology and the broad consultation process

B. Background of the country under review and existing framework,

C. Promotion and protection of human rights on the ground:

D. Identification of achievements, best practices, challenges and constraints;

E. Key national priorities, initiatives and commitments

F. Expectations of the State concerned in terms of capacity-building and requests,

G. Presentation by the State concerned of the follow-up to the previous review.

States should consult their national human rights institutions and civil society organizations while applying.

South Asian Experience:South Asian Experience:Scope of international obligations Constitutional and legislative

framework Institutional and human rights

infrastructure Policy measures such as national

action plans National jurisprudence Human rights infrastructure

including national human rights institutions

II. Promotion and Protection II. Promotion and Protection of human rights on the of human rights on the ground ground 20081st Session: India, 2nd Session:

Pakistan, Sri Lanka.20094th Session: Bangladesh, 5th

Session: Afghanistan, 6th Session: Bhutan.

20109th session: Maldives2011 10th session: Nepal.

Some of the observations Some of the observations within the UPR of the South within the UPR of the South

Asian Countries:Asian Countries:stakeholders' submission:India-37Bhutan-6# pages of National Report:Shree Lanka -32India – 16 Others more than 20 pages

Number of Number of Recommendations to SuR: Recommendations to SuR:

Afghanistan -98+, Bhutan - 99 India – 18# of Advance Written Questions

to SuR:Afghanistan – 52 India - 23.

Initiatives taken by Civil Initiatives taken by Civil Society in Nepal:Society in Nepal:

Nepal is reviewed in January 2011 crucial and timely intervention for a member of

civil society Asian Forum for Human Rights and Development

and INSEC organized workshop (11-13 April 2010)

to discuss on the UPR and to develop common strategies and work plans

Nepal NGO Coalition for the UPR is a loose coalition

The coalition comprises national coalitions; federations; human rights NGOS, lawyers, academicians, media professionals and individuals.

The secretariat of the coalition and HRTMCC is both are in INSEC

The Nepal coalition of DPOsThe Nepal coalition of DPOs

The National Federation of the Disabled -Nepal (NFDN) is coordinating for CRPD sub-committee

the presenter is the convener of the sub-committee under HRTMCC.

Nepal Disabled Human Rights Center Nepal Disabled Women Association National Association of Physical Disabilities National Federation of Deaf And Hard of Hearing Nepal Disabled Society The coalition also aimed to discuss UPR process

and practices. with series of consultation and joint initiatives.

Documentation for the Documentation for the review:review:

1) National report Prepared by Nepal after consultation process between Government and civil society (10 700 words (approximately 20 pages)

2) Compilation of information from Treaty Bodies, Special Procedures and other United Nations documents, prepared by OHCHR (5350 words (approximately 10 pages),

3) Summary of stakeholders’ submissions prepared by OHCHR (5350 words (approximately 10 pages)

The Schedule of the review The Schedule of the review in some of the Asia-Pacific in some of the Asia-Pacific

Countries:Countries: Lao People’s Democratic Republic Working Group: May 2010, Plenary: September 2010 Myanmar Working Group: February 2011, Plenary: June 2011 Altogether 135 recommendations to Nepal Nepal entertained 56 recommendations, 28 recommendations, Nepal said, have already been

implemented or in the process of implementation. Another 36

recommendation will be examined and responded in due time (no later than June 2011);

15 recommendations that Nepal rejected.

Some specific Some specific recommendations relevant recommendations relevant

to PWDs that Nepal enjoyed:to PWDs that Nepal enjoyed: China: Implement effectively the Human Rights Action

Plan and other national action plans, including CIDAW and CRPD

Argentina: Continue its efforts to overcome discrimination and social exclusion on the basis of gender, caste, class, ethnic group, disability or geographic situation, in order to ensure the respect of civil, political, economic, social and cultural rights

Cuba: Redouble efforts to promote and protect the rights of vulnerable groups such as children, women, people with disabilities and aged persons

Hungary: Improve food safety of vulnerable groups , particularly indigenous people, former bonded labourers, Dalits, Muslims, persons with disabilities and those who are infected with HIV/AIDs

Some specific Some specific recommendations relevant to recommendations relevant to

PWDs that Nepal considers PWDs that Nepal considers that they are already that they are already implemented or in the process of implementation:

Criminalize discrimination based on caste, gender, religion, ethnicity, political belief or disabilities (Germany); rec. No. 107 (12)

Some specific recommendations relevant to PWDs that Nepal will examine and respond in due time:

Implement measures to ensure that persons with disabilities are enabled to participate in job training, vocational training, literacy and numeracy programmes and set concrete targets measurable within one year to this effect, in consultation with persons with disabilities and their representative organisations (New Zealand); rec. No. 108(13)

Ensure, without any discrimination, the rights of people with disabilities and others belonging to vulnerable groups, such as women and children (Chile); rec. No. 108 (14)

Note: There are other general recommendations which are equally relevant to PWDS.

Schedule of some Countries Schedule of some Countries of Asia-Pacific Regionof Asia-Pacific Region

SingaporeWorking Group: May 2011,Plenary: September 2011ThailandWorking Group: December 2011,Plenary: March 2012Timor LesteWorking Group: December 2011,Plenary: March 2012.

Recommendation for the Recommendation for the Establishment of "New Establishment of "New

Decade of Rights of Persons Decade of Rights of Persons With Disabilities With Disabilities The erratic behaviors of different Governments

has hindrance the implementation of the BMF Realized that the Governments strongly restrict for

the monitoring mechanism of the CRPD interventions through the National Human Rights

Institutions. The importance of establishment of New Decade

deserves paramount importance for pushing governments obligated towards rights of Persons With Disabilities.

To achieve universal solidarity and enjoyed human rights should be one of the paramount aims of the "New Decade of Rights of Persons With Disabilities in Asia-Pacific Region".

RECOMMENDATIONRECOMMENDATION

The DPOs should harmonized alleviating and reducing global poverty Major step ensuring civil, political, economic, social and cultural rights of PWDs.In respect of the principle guideline of the CRPD for mainstreaming Disability in the development agendas by domestication. The violence in the basis of Disability has victimized is staggering fact, the global solidarity is overwhelming necessities in the following decade for ensuring Human Rights of Persons With Disabilities. Now the things to be done differently rather doing the different things for achieving the goals of "Towards an inclusive, barriers free and rights based society for Persons With Disabilities".

THANK YOU ! THANK YOU !