CBM Policy Brief. Law and Governance - CBM International

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information contact: Catherine Naughton, ... training of security personnel, legal and judicial staff ... in E-communica
Governance, rule of law and peace and security

Post-2015 Sustainable Development Goals Policy brief

Good governance and rule of law are essential prerequisites to ensure freedom from fear and violence. However, good governance and the rule of law have been highlighted as missing links in the current Millennium Development Goals (MDG) framework. In addition, violence, conflict and weak institutions have slowed down the progress required to reach the MDGs. By 2015, it is expected that more than half of the people living in poverty are likely to be in conflict affected and fragile states1. Another missing link is disability, which means that close to one billion people are excluded2. Increasingly critics and studies indicate that people who are the most marginalized and poor are often the least able to access or benefit from development initiatives such as the MDGs. These populations are also adversely affected by conflict and violence3. This policy brief prepared for the Open Working Group session on sustainable development, sets out key issues for inclusive governance, rule of law and peace and security, each of which are “important enablers and important development outcomes in their own right for sustainable development in all countries”4.

For further information contact: Catherine Naughton, Director of CBM International Advocacy and Alliances, Catherine. [email protected] Accessible version: www.cbm.org/policybrief-governance-peacesecurity CBM is an international Christian development organization, committed to improving the quality of life of people with disabilities in the poorest communities of the world. www.cbm.org

Key recommendations • All countries are accountable in implementing any new sustainable development framework, as well as its goals and indicators. This is crucial as a new development paradigm relates to global systematic challenges such as inequalities, the structural causes of poverty, and peace and security. • Inclusive governance is key in sustainable development processes and fair redistribution schemes of national wealth. Inclusive growth will ensure equal access to fundamental services such as education, employment, health and social welfare. • The involvement and participation of persons with disabilities in political, social and economic decisionmaking through deliberative processes that are accessible to persons with disabilities5 need to be strengthened. • Marginalized groups, such as persons with disabilities and their representatives, are included in all governancerelated aspects and democratic processes at all levels, based on human rights principles6. • Disability must be systematically included across all aspects of peace building and conflict management. Provision is made for disability awareness and inclusion training of security personnel, legal and judicial staff and government officials, at national, local and community levels.

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“In areas where persons with disabilities are invisible, being poor, un-empowered and un-influential, there is a natural tendency for government to simply ignore laws, international treaties and other opportunities to address their rights and interests”9

It is widely acknowledged in the post-2015 discourse that key explanations for poverty are largely a) equity related, for example changes in employment and livelihood opportunities; b) related to social exclusion and discrimination; and c) linked to limited access to basic services in remote and disadvantaged areas7. Twenty-two percent of people living in poverty have disabilities and thus together with their families constitute the largest minority group in many societies8; yet they are frequently unrepresented and invisible in governance processes and more at risk in conflict situations.

Inclusive governance and rule of law for empowering persons with disabilities Fifteen per cent of the world’s population are persons with disabilities – over one billion people10. Given that one in five people in developing countries is disabled11, it is vital that inclusive governance practices are promoted, which actively encourage the participation of persons with disabilities at all levels of the democratic process. Both the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the International Convenant on Civil and Political Rights require this, and governance systems that do not represent the views of 15% of their population with disabilities are falling short of their international level obligations. The CRPD has several Articles that concern governance and political participation: these include Article 13, access to justice; Article 21, the right to freedom of expression and access to information; and Article 29, the right of persons with disabilities to participate in political and public life. Persons with disabilities must have equal opportunities to participate and to be represented in political, social and economic processes.

© CBM/Kingston

Key issues

From left: Diane Mulligan (CBM International), Bui Thanh Le (CBM Vietnam) and Thuy Tlen at a post2015 consultation in Thanh Hóa, Vietnam, January 2013. Thuy Tlen is a 14 year-old girl and attends a mainstream school with her friends. Her favourite subject is English and her aspiration is to learn to write and type with her feet.

• Governance, especially transparent management of public resources and accountability are means of ensuring development programs are targeting the causes of poverty. If fair and effective redistribution schemes are developed and functioning, there are more resources to improve access to basic social services for the most marginalized and socio-economically deprived parts of the population. • Persons with disabilities are often excluded from all levels of democratic processes. The reasons for exclusion include discrimination, social exclusion and poor accessibility. These barriers adversely affect the right or ability to vote, to participate in campaigning, be involved in public consultations and to run for election.

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“I think the only way for people with disabilities to protect our rights and to create public policies according to our realities is to engage in politics”12

“Most governments need to talk about the real issue, which is resource allocation. This needs to be clearly highlighted and stated— how the government are going to finance these actions—because that’s where most countries get stuck”15

• Persons with disabilities often face barriers in accessing public services such as medical care, education (at all levels), public health interventions, water and sanitation, as well as housing, and are less likely to be employed both in the public and private sector. Such public services often fall under local government responsibilities, thus transparency and accountability are key to ensuring equitable access13. • Persons with disabilities face additional barriers, such as access to appropriate low cost technologies and assistive equipment, to access information and participate in E-communication and new information technology. As the Internet and electronic communication are increasingly becoming channels for public consultation and participation, as well as employment and educational opportunities, the right to accessible new technologies for both people with different types of impairments, and for the growing number of older people is essential14. • Development programs that support local leadership are important for promoting sound resource management. These programs must include leaders with disabilities, and especially women. • Persons with disabilities, particularly women, often do not have the same right to inherit land because of stigma and prejudice and might not have the knowledge and means to use the legal system to claim their rights. Ensuring equal rights is imperative.

Peaceful societies, security and development

© CBM “When you arrive in a camp with your child and your wife and you have a disability, it is really hard to find the basic things to survive”. Kambinja, in an internally displaced camp near Goma, November 2012

Sustainable peace and justice are key enablers for development and democratic States. When devastating conflicts and large-scale violence occur, the effectiveness of development on the affected population is highly diminished. In fragile States, weak institutions, corruption and insecurity can lead to unpunished abuses, gross human rights violations, and voiceless victims. It is thus essential that States, international organizations (including the International Criminal Court) support the creation of participatory governance, which enables the voices of all citizens, especially the most marginalized, such as persons with disabilities, women, indigenous populations and older people to be heard. The lack of access to justice and remedies for the most excluded can reinforce the cycle of poverty, violence, and impunity. Article 14 of the CRPD provides the international legal framework for liberty and security of persons with disabilities.

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“Women across the world are standing their ground against political exclusion. More must be done to ensure that a gendersensitive approach is used, that all women have the opportunity to participate in reconstruction, building the rule of law, in strengthening democracy and in postconflict decision making processes”16

Key issues • Peace and security and rule of law are mutually reinforcing, and are cornerstones in sustainable development – essential for making sure that resources and services are made available to persons with disabilities. • Conflict resolution, peace agreements and reparation programs must be inclusive of all groups in society. These are transformative tools for building peaceful and equal societies. Despite this, out of 585 peace agreements signed since 1990, only 16% contain any reference to women and only 7% mentioned gender equality or women’s human rights17. It is probable that most agreements did not consider the participation or the additional barriers faced by persons with disabilities in post-conflict situations. All measures and targets for peaceful societies and personal security must be inclusive of disability. • High inequality can inhibit growth, discourage institutional development towards accountable governments and undermine civic and social life leading to conflict and undermine human rights18. The concentration of wealth among a few groups also impacts on equal political participation. “When wealth captures government policymaking, the rules bend to favor the rich, often to the detriment of everyone else”19. Persons with disabilities are among the groups that are specifically affected by inequalities and their already weak participation in political processes will perpetuate if inequalities are not addressed properly.

“For women and girls with disabilities, the process of reporting rape is not accessible – in terms of physical access (long distances to travel, no ramps or other accessibility needs) and communication (such as no sign language interpretation)”21

• Inequalities and discrimination based on income, location, disability and ethnicity intersect with gender and are often mutually reinforcing. Female participation in political processes is still very low in many countries, and women with disabilities face additional challenges to participate in political processes. • Persons with disabilities live with a much higher risk of violence and abuse20, especially women with disabilities, and may experience additional barriers in accessing justice and remedies due to barriers in communication, built environments, transport and negative attitudes. • In countries where traditional culture and legislation hinder the full participation of women in society, women with disabilities may face additional barriers in accessing judicial and administrative remedies due to the nonrecognition of their legal capacity, lack of education and awareness about their rights. It is thus essential that programs which address that women’s participation and justice specifically support the most marginalized, by offering legal awareness and protection.

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• Persons with psychosocial and intellectual disabilities are often disproportionately over-represented in penal systems and need to be given appropriate support and representation through the criminal justice system22. It is crucial that programs aiming to improve security and enhance justice address these inequalities in order to achieve their purpose and outcomes.

References 1

UN DESA and UNDP. (2013). Technical Support Team (TST) Issues brief: Conflict prevention, post-conflict Peacebuilding and the Promotion of Durable Peace, Rule of Law and Governance.

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Fifteen per cent of the world’s population are persons with disabilities – over one billion people according to the World Health Organization and World Bank. (2011). “World Report on Disability”, Geneva: WHO Press. 3

UNDESA and UNDP. (2013). Technical Support Team (TST) Issues brief: Conflict prevention, Post-conflict Peacebuilding and the Promotion of Durable Peace, Rule of Law and Governance. 4

UN System Task Team on the post-2015 UN Development Agenda. “Realizing the future we want for all: Report to the Secretary-General”, New York, June 2012, p. 23. 5

Any new global development partnerships should be more balanced in terms of their relationships and accountability between donor countries and developing countries. Currently donor countries hold the balance of power and developing countries rarely hold them to account. National governments have to be involved and take the ownership of any new global framework replacing the MDGs. 6

See ‘Thematic study by the Office of the United Nations High Commissioner for Human Rights on participation in political and public life by persons with disabilities (A/HRC/19/36)’ http://www.ohchr.org/Documents/Issues/ Disability/SubmissionThematicStudy/A. HRC.19.36_en.doc 7

Dercon, S. and Shapiro, J. (2007). “Moving On, Staying Behind, Getting Lost: Lessons on Poverty Mobility from Longitudinal Data”, Economic and Social Research Council, Global Poverty Working Group, Paper 75.

Braithwaite, J. and Mont, D. (2008). “Disability and Poverty: A Survey of World Bank Poverty Assessments and Implications”. SP Discussion Paper No. 0805. World Bank. Quote from a disability activist in: Keogh, M. (2013). “Towards an inclusive and accessible future for all. Voices of persons with disabilities on the post-2015 development framework”. UN Partnership to Promote the Rights of Persons with Disabilities (UNPRPD): New York, p. 35. 10

Braithwaite, J. and Mont, D. (2008). “Disability and Poverty: A Survey of World Bank Poverty Assessments and Implications”. SP Discussion Paper No. 0805. World Bank. 11

World Bank. Disability and Poverty: A Survey of World Bank and Poverty Assessments and Implications’. Jeanine Bratihwaite and Daniel Mont, SP discussion paper No. 0805, World Bank, February 2008. 12

Human Rights Watch. (2012). “I Want to be a Citizen Just like Any Other. Barriers to Political Participation for People with Disabilities in Peru”. Human Rights Watch: USA. Quote from Wilfredo Chrono, Oficinas Municipales de Atención a las Personas con Discapacidad staff and FEDDIP member in Puno, Peru. 13

UNDESA and UNDP. (2013). Technical Support Team (TST) Issues brief: Conflict prevention, post-conflict Peacebuilding and the Promotion of Durable Peace, Rule of Law and Governance. 14

It is important to understand that different impairment groups have different needs when it comes to information and communication technology. A blind person, or somebody with hearing impairment will not benefit from the same solution for mobile communication, and elderly people might have additional needs. See further chapter 6 on ‘Enabling environments’

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in WHO and the World Bank World Report on Disability, pp. 183-195.

economic inequality. Oxfam International: Oxford, p. 2.

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Quote from a disability activist in Bangladesh in: Keogh, M. (2013). “Towards an inclusive and accessible future for all. Voices of persons with disabilities on the post-2015 development framework”. UN Partnership to promote the rights of persons with disability (UNPRPD): New York. 16

Ortoleva, S (2011) ‘Right Now! – Women with Disabilities Build Peace Post-Conflict’ http://www.centerwomenpolicy.org/programs/ waxmanfiduccia/documents/BFWFP_RightNow_ WomenwithDisabilitiesBuildPeacePost-Conflict_ StephanieOrtoleva.pdf 17

http://progress.unwomen.org/justice-forwomen-during-and-after-conflict 18

Birdsall, N. (2006). “Income Distribution: Effects on Growth and Development”, Working Paper 118, Center for Global Development: Washington. 19

Fuentes-Nieva, R. and Galasso, N. (2014). Working for the few. Political capture and

World Health Organization and World Bank. (2011). “World Report on Disability”, Geneva: WHO Press, p. 147. 21

Human Rights Watch. (2010). “As if we weren’t human: Discrimination and Violence Against Disabled Women”. Human Rights Watch: Uganda. 22

See for example: Mental Disability Advocacy Centre (mdac). (2009). “A shadow report on the implementation of the international covenant on civil and political rights by the Russian Federation”. http:// www.mdac.info/en/resources/shadow-reportimplementation-international-covenant-civil-andpolitical-rights-russian “Disability Rights now. Civil Society Report to the United Nations Committee on the Rights of Persons with Disabilities”, August 2012, pp. 70-82. Compiled by Disability Representatives, Advocacy, Legal and Human Rights Organisations, Australia.

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