Thursday, April 12, 2012

Disability rights: Betrayal in Geneva

Home > Opinion > Inquirer Opinion > Columns > Disability rights: Betrayal in Geneva

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In Geneva three weeks ago, the Philippines was the only country that took exception to a United Nations resolution to protect persons with disabilities (PWDs) from discrimination. This is a shameful moment for a country that so prides itself as the progenitor of People Power as a mode of fighting for human rights.

It was supposed to have been a no-brainer. In order to affirm the Convention on the Rights of Persons with Disabilities (or PWD Convention), the UN Human Rights Council adopted a resolution guaranteeing that PWDs do not suffer from discrimination that will “exclu[de] or restrict [their] political rights” and requiring states to eliminate any law, custom or practice that discriminates against PWDs. It was almost a motherhood-and-apple-pie statement, and was adopted by the Council without need of a vote.

To the surprise of PWD activists, global and Filipino alike, the Philippine representative, Ma. Theresa Lepatan, took the floor to express our country’s “reservation”! She began by affirming our country’s support for PWD rights, but concluded by citing a “general comment” interpreting another convention saying that “established mental incapacity may be a ground for denying a person the right to vote or to hold office.”

As of this writing, the Philippine Coalition on the PWD Convention is up in arms, blind-sided and aghast at the effrontery, and is asking our government to recall that reservation.

The coalition rightly points out that a mere comment cannot override an express treaty obligation. That comment merely interpreted the Covenant on Civil and Political Rights, specifically the right “to participate in public affairs.” The bulk of the comment actually affirms PWD rights to equal participation. “It is unreasonable to restrict the right to vote on the ground of physical disability or to impose literacy, educational or property requirements.”

“Mental incapacity” was mentioned merely as a possible exception, and even that is now outdated, having been superseded by the 2006 PWD Convention that categorically guarantees such equality for PWDs without exception. Our duty is “to ensure that PWDs can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others.”

The UN High Commission on Human Rights has said: “The legal landscape has changed dramatically since the adoption of the Human Rights Committee’s general comment in 1996. Today, it may be argued that the majority of voting restrictions ‘are no longer compatible with the prohibition of discrimination … or with the present-day understanding of democracy.’ This holds true, in particular, with regard to limitations of the right to vote and stand for election on the basis of psychosocial or intellectual disabilities.”

Indeed, the Philippine Constitution itself not only does not provide a “mental incapacity” exception but it expressly says that “[n]o literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage” and even requires extra measures for PWDs, “a procedure for the disabled and the illiterates to vote without the assistance of other persons.”

If the Constitution already contains negative and affirmative obligations to ensure equality for PWDs, why would our representatives fixate on minor footnotes to create a giant exception?

Apparently, the Geneva faux pas came about because, one, the Philippines did not follow the usual practice of first engaging the sponsors of the resolution (Mexico and New Zealand) before entering a reservation, and thus ended up with an isolated view so out of step with enlightened thinking. And two, our government failed to consult PWDs before it bargained away their rights.

“Nothing about us without us.” I found those words on a PWD rights website, and they really pack a wallop. Apparently, the Philippines—unlike Thailand and Indonesia—chooses human rights spokespersons who do not have roots in either the constituency they purport to speak for, or in the advocacy they purport to embrace. Thus the tendency to showcase obscure and obsolete dicta when the text of a signed treaty stares one in the face.

But more than the letter of the law, there is a problem of mindset here. One, our bureaucrats think that when it comes to PWDs, exclusion is the rule, equality the exception. The bureaucrats’ instinct, their default position, is to discriminate against PWDs, as if PWDs should rejoice just to be treated equally like the rest of us.

Two, they don’t understand the almost sacred nature of the right of suffrage. How can any government purport to determine who isn’t smart enough to vote? There is something inherently undemocratic with idea that we can winnow out voters deemed not bright enough. It portends the tyranny of an IQ police.

Moreover, under the Civil Code, the legal presumption is that persons have capacity to act. Only a court can declare a person incapacitated but, even then, can at best merely appoint a guardian. So can the legal guardian cast the ballot in his place? Ridiculous!

And here’s the ultimate irony. Given our track record of electing buffoons, charlatans and stooges to public office, who is there among us who can say that the disabled can’t vote because they’re not as smart as us? As smart as who, for heaven’s sake?

One person, one vote. That’s the rule. We don’t weigh the vote according to the voter’s IQ. But let’s grant, for just one moment, that we can impose a minimum IQ. Maybe those who think less and feel more can vote more wisely because they can see through the heart and know who among the candidates don’t have any.

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Comments to passionforreason@gmail.com

Source: http://opinion.inquirer.net/26647/disability-rights-betrayal-in-geneva

ADDC congratulates our friend and member, Ms Savina Nongebatu, the most worthy recipient of the Secretary of United States International Women of Courage



From painful memories to a courageous reward
Wednesday, 04 April 2012 11:26 Ben Bilua

Her courage to rise against all odds was rewarded and recognised. BEN BILUA re-tells the story of Ms Savina Nongebatu: 
On 29th March 2012, I was called to attend to an assignment at the Lime Lounge Restaurant in Honiara.
I took my camera, my notebook, and pen and went to Lime Lounge. When I reached there I asked the person standing at the front door about what was going to happen.
Just few minutes after I asked, I got the answer myself. I saw a woman escorted by four people coming out from a taxi.
They led a woman inside a wheel chair into the restaurant. I had no idea who she is, not until I was given the programme. I took a glance through it and hardly believed my eyes and my senses of what I’m reading. She was about to be awarded the Secretary of United States International Women of Courage Awards. She was no ordinary woman after all.

She is Ms Savina Nongebatu and her story was just as compelling to me than to ordinary Solomon Islanders who had never known her before until I came to know her at the Lime Lounge last week.


Before her speech, she said a little prayer of courage “Who dwells in the shelter of the most High will rest in the shadow of the Almighty. I will say He is my refuge and fortress, my God in whom I trust.”
“Courage is what I ask God to give me every single day,” she said.
“My journey as a woman with a disability began in 2000. I acquired my disability after a spinal operation at the National Referral Hospital.
“I was sent to Saint Vincent’s Hospital in Sydney then the Prince Of Wales Hospital and lastly Prince Henry.
“I returned home in December 2000; armed with my new equipment, which I referred to as my new friend and New Me.
“I can claim myself that I have met the Saints and Princes,” Mrs. Nongebatu joked.
“I spent three years in my house.
“My marriage fell apart in 2002 and my husband walked out, leaving me with my two children.
“My daughter became my primary caregiver at the age of 7; my son learnt he has extra responsibility at 14. That same year I was made redundant by the Solomon Islands Government,” Ms. Nongebatu expressed her distress with tears.
“It was the most difficult and darkest time in my journey. The heartbreak and hopelessness experienced was excruciatingly painful.
“There were times, I wished I could die.
“But I thank God for my parents and siblings who came to the rescue and became my pillars of strength and support. My world revolved around my children and the determination to see them succeed in life gave me the reason to live.
“In 2004, without a job application or interview, I was employed by JTA International and so slowly, my confidence and self-motivation took off.


“It was Ms Diana Yates’ persistent encouragement that I took off with the limited knowledge and skill left through my full life operation.

“In the same year, I was voted in as President of the Disability People Association of Solomon Islands (DPASI). This was a huge challenge; I was only four years old (in a wheel chair) and lack the skill in leading an organization,
“Re-building an organization and becoming the name and face of PWDSI was very difficult. We had to start from scratch and with no funding or direct support from anywhere, it was indeed a huge challenge for the new executive,” Mrs Nongebatu recalled. My son’s bedroom became ‘the office,” she said with a sigh. She said the office equipment then consists of a computer donated by Liz Baldwin who was the wife of British High Commissioner then, and a printer presented by her boss Patricia Dear and a phone.


“As a voluntary organization, we were doing the work for free; this was also difficult as only a few people who have the heart to do something for free.

“In 2006, ROC donated a container of genuine bags of all shapes and sizes to DPASI. We sold these bags to raise money for the little activities we were doing then. The National Disability Policy was also launched the same year.
“In 2007, with the money raised we decided at the AGM to change the organization’s name from DPASI to People With Disability of Solomon Islands (PWDSI) in significance that disability is no longer a charity case but a human rights issue.”
She said the mentality we have in the SI was still very much of the charity approach where we pity people with disabilities and see them as hopeless or useless.
“In 2008, I became a full-time volunteer for PWDSI. This gave me the opportunity to pay more attention to the organization I was heading. We sought small funding from our partners and were able to continue the work we do,” Mrs Nongebatu recalled.
She said that same year Solomon Islands Government signed the Convention on the Rights of People with Disabilities (CRPD).
“In 2009, we came across a funding organization called Disability Rights Fund (DRF); we submitted our first funding proposal in August and got our first funding for 2010. And we manage to find “a space for our office.”
“In 2011 we began a first research with partnership with Monash University which looks at the socio-cultural context of disability in this country. Also in November 2011, we had our AGM.”


Ms Nongebatu said under her development programmes about five projects was going on with one research under these projects are funded by donors.

“As citizens of this country, it is important for me and the thousands of people with disabilities to see our govt provide such assistance to our organization and as strong advocate for disability, I would like to encourage everyone to think inclusive in your respective area of work or expertise in the true spirit of the theme of this year’s international women day “connecting girls, inspiring future (involving, participating and empowering.
“When we practice inclusive approaches, no one is left behind or forgotten and I believe as agents positive of change, as courageous mothers; we can nurture positive attitudes towards people with disabilities; especially girls and women with disabilities, she pointed out.
My journey in re-building this organization would not have been possible without the support and trust of many, my family, my children, work colleagues and the most important people in my work; people with disabilities in this country.
“I am a proud daughter, mother, sister, and WOMAN WITH A DISABILITY who answered to the call from above and walked the lonely road; only this time, I know there are many more holding hands and walking with me on this less travelled road towards an inclusive, barrier-free and rights-based society for all.
“Let alone have the courage to encourage others to travel with me on this lonely and less travelled journey,” she concluded.
Ms. Savina Nongebatu was awarded with the Secretary of United State International Women of Courage Award last week for her outstanding performance in advocating the People With Disability Solomon Island (PWDSI).




Source: Frederick Miller

Christine Walton

Executive Officer

Australian Disability and Development Consortium (ADDC)

56 Rutland Road, Box Hill VIC 3128
Phone: +61 3 8843 4587 Fax: +61 3 8843 4545





Promoting the rights and
inclusion of persons with
disabilities in development
activities.







CBM Australia is an international development
organisation dedicated to improving quality of life for
people with disabilities in the world’s poorest countries.

Wednesday, April 11, 2012

The Benildean Deaf Association: Deaf Student Organization Deserving the Award

Bahaghari Award 2012 was attended by Mae Zhiela Antenor (Vice President for Internals), Jesusa Nofies (Assistant Secretary), Michael Lopez (Secretary), and Roejen Fernandez (Board Member)

By Michael Lopez


The Benildean Deaf Association constantly made a visual impression in the yearly Bahaghari Awards in which recognition was presented to deserving student leaders, student organizations, student projects/ activities, student volunteers and students organization faculty advisers under the DSL – SIO (Department of Student Life- Student Involvement Office) who have excelled in the field of extra-curricular activities, provided service and has served as examples of the Benildean Core Values.
In the recently concluded Bahaghari Awards last March 27, 2012, Benildean Deaf Association was awarded as the third of the three most outstanding student organizations. BDA Dental, Medical, and Legal Mission for the Persons with Disability whose project manager was Roejen Fernandez, Board Member was the most outstanding service or outreach project among the hearing student organizations. This award is the same as President Rodolfo Iligan, Jr’s Deaf organization received last year. Ms. Febe Sevilla was awarded for the invaluable contribution and service as a student organization faculty adviser.


Patrick Silver was awarded for the Bronze International Award for the Young People during Bahaghari Awards.

Deaf Benildeans Alumni Homecoming



UPDATED: To all Deaf Benildeans Alumni,

YOU'RE INVITED!

Final date on April 22, 2012, (Sunday), at 1:00 - 10:00pm, at CSB Hotel. Please reserve this said date for a HOMECOMING. Its our way of celebrating 20 years of Lasallian Deaf Education.

Please confirm your attendance on or before April 16, 2012 through email at deaf.partnerships@benilde.edu.ph or text (+63)917-8698231 or through the School of Deaf Education and Applied Studies Alumni Chapter Facebook Page (no extension and no backing out after April 16, 2012 once you have confirmed) We will ut your name in the list. We would like to know who and how many will be attending> Sorry for the inconvenience.

More details will be posted so keep in touch. Please pass... Thanks!

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What: 20 years of Journey and Success in Lasallian Deaf Education (Alumni Homecoming)
When: Sunday, April22, 2012, at 1:00 - 10:00pm
Where: CSB Hotel ( Activities, Program and Dinner)
Attire: Semi- Formal
Confirm attendance: (email) deaf.partnerships@benilde.edu.ph / (mobile) 0917-8698231 or (Facebook) SDEAS Alumni Chapter Facebook Page



Deaf Benildeans Alumni General Assembly


What: Deaf Benildean Alumni General Assembly
When: April 18, 2012, Wednesday, at 6:00 - 9:00pm
Where: 5th floor Auditorium, DLS-CSB
Confirm attendance: (email) leo.sulse@benilde.edu.ph / (mobile) (+63)927-4831028 or (Facebook) SDEAS Alumni Chapter Facebook Page