Know the updates from week 2, Monday, August 19th to Wednesday, August 28th of the 31st Session of the Committee on the Rights of Persons with Disabilities.
Six State Reviews in a Row with Full OPD Participation
From August 19-28, 2024, the CRPD Committee conducted State reviews for Ghana, Belarus, Belgium, Denmark, Mauritius, and Ukraine, bringing the total number of reviews this session to nine. The International Disability Alliance collaborated with representatives from organizations of persons with disabilities (OPDs) from these six countries, who travelled to Geneva, Switzerland, to brief the CRPD Committee on their concerns, claims, and recommendations regarding the rights of persons with disabilities at the national level.
Ghana: A First Review with Significant OPD Presence at the UN
The first review was that of the Republic of Ghana on Monday, August 19th, and Tuesday, August 20th. Salient issues addressed included the lack of ratification of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa, which has been ratified by 16 states and in force since June this year. The Ghanaian government had committed to ratification at both the 2018 and 2022 Global Disability Summits, but has not yet fulfilled this promise.
Another major issue reported by Human Rights Watch years ago was the institutionalization of persons with disabilities in "prayer camps" and the practice of shackling, which involves chaining persons with psychosocial disabilities to prevent them from allegedly running away. The Government of Ghana conceded that "it is not about regulation, but about shutting down these camps," and welcomed any relevant information from civil society organizations in the future.
The International Disability Alliance, together with Disabled People's Organization Denmark, the Disability Rights Fund, Women Enabled International, and the International Commission of Jurists, provided financial support to representatives from Ghana's OPDs to ensure a sizable delegation in Geneva, Switzerland.
Mr. Joseph Atsu Homadzi, President of the Ghana Federation of Disability Organisations (GFD), shared his views on this advocacy experience at the international level: "We are thrilled to be involved in the review of our country under the CRPD process. As OPDs, we have been given a meaningful voice in this critical process, which is a significant step forward. For most of the delegation members, the involvement in the process was an eye-opener and a great exposure.
Our participation in the review has provided us with valuable knowledge to enhance our understanding to support our advocacy efforts in Ghana. The review process raised many important issues, particularly around human rights, inclusion, access, representation, and the participation of persons with disabilities in Ghanaian society. For instance, from the official responses to the CRPD Committee, it is evident that Ghana’s new Disability Bill is designed to be holistic in promoting and safeguarding the rights and welfare of persons with disabilities when it is passed into law. However, as OPDs, we note that the Bill is not yet fully compliant with the CRPD. Therefore, we will prioritize intensifying our advocacy to ensure that a CRPD-compliant Bill is adopted by our Parliament.
Moreover, the issues concerning women, girls, and children with disabilities are not adequately addressed in current social protection programs and interventions. While we acknowledge the government’s responses to the question of meaningful inclusion, we will continue to demand accountability in service delivery for persons with disabilities. We want to extend our gratitude to the International Disability Alliance (IDA) for supporting OPDs in participating in this crucial developmental process."
Belarus: Restrictive Civic Space, Activists in Exile, and a Medical Approach to Disability in Regulations Despite National Legislation
The constructive dialogue between the CRPD Committee and the Republic of Belarus frequently addressed the restrictive civic space for activism and criticism of public authorities and their policies. The CRPD Committee expressed significant concern about the large number of civil society organizations that had been shut down under various pretexts and through an arbitrary use of legislation, with their representatives even prosecuted under criminal law for exercising the right to protest in recent years, forcing many into exile.
On other themes, some governmental initiatives, especially in terms of legislation, seemed promising, such as the 2022 Act on the Rights and Social Inclusion of Persons with Disabilities, which incorporates many of the definitions of the Convention, and the Social Services Act of 2023. While it might be early to fully assess their implementation, the CRPD Committee noted that, despite the inclusion of CRPD concepts, the regulations in force shaping administrative practice continued to reflect a medicalized approach to disability.
The International Disability Alliance collaborated with Belarusian activists currently in exile in other countries to submit their alternative report, which pointed out, among other things, the difficulties of understanding the current situation of persons with disabilities in the country due to the lack of reliable public data.
"At this CRPD Committee session, an independent opinion of the Belarusian civil democratic society was presented. The coalition of the organization Office for the Rights of Persons with Disabilities, the human rights center Vesna, the Belarusian Helsinki Committee, and Lawtrend, with the support of IDA, submitted their alternative reports and briefed the CRPD Committee.
We wanted to emphasize that in the current situation, when the Belarusian state is pursuing a direct repressive policy against its people, the rights of people with disabilities will inevitably be violated, no matter how beautifully this picture is made by the Belarusian State. We presented a picture of the state completely blocking all information. We pointed out direct crimes against humanity, especially of political prisoners with disabilities, whose lives are constantly under threat and who are continuously subjected to torture and inhuman treatment. We discussed the situation of people in Belarusian 'internat' who are also in a terrible situation and explained many issues regarding the imperfections of the Belarusian system for protecting the human rights of persons with disabilities."
Belgium: A Second Review to Reiterate Old Demands
This was the second review of the Kingdom of Belgium, characterized by a federal state with the three regions of Brussels, Wallonia, and Flanders, each having competencies very relevant to CRPD implementation. The state delegation had representatives from each region responding on its behalf for each topic, which was quite time-consuming, limiting the chances to go further in detail.
CRPD implementation requires compliance with Article 4(3) of the CRPD and related CRPD Committee General Comment No. 7 (2018) on close consultation and active involvement of representative organizations of persons with disabilities. A main concern of the CRPD Committee was the prominent role given in advisory councils on disability to service providers, who typically have interests that conflict with the rights of persons with disabilities.
Another point of interest in the discussion was the internment of persons with disabilities in institutions who are deemed "unfit for trial." The State was either unaware or unwilling to "fundamentally rethink its system" in line with the CRPD and the CRPD Committee's views, as expressed in its individual communication in Medina Bello vs. Mexico.
The International Disability Alliance and the European Disability Forum had the privilege of collaborating with the Belgian Disability Forum and Gelijke Rechten voor Iedere Persoon met een handicap (GRIP), the two umbrella organizations of persons with disabilities with a presence in different regions of the country.
Denmark: Three Reviews in One and Major Legal Barriers to CRPD Implementation and Enforcement
The review of the Kingdom of Denmark on Friday, August 23rd, faced a similar complexity to that of Belgium, as the State is composed of three countries: Denmark, the Faroe Islands, and Greenland. It felt like three reviews in one.
Probably the most salient point of the review was Denmark's frontal opposition to Article 12 of the CRPD and the promotion of supported decision-making. Ten years after the first review, the position has remained the same. Another element of concern, with similar implications for each country, was the lack of explicit incorporation of the CRPD into legislation. In such a legal context, judges are not constrained to apply CRPD standards directly, including superseding national law. The CRPD remains only an interpretative tool for the enforcement of national legislation, thus lacking the force of law and binding character for its enforcement by courts.
Mr. Thorkild Olesen, Chairman of Disabled People Organization Denmark, shared a message for this issue of IDA's weekly updates: “We experienced very professional and competent assistance from both IDA and EDF before and during the constructive dialogue. This support helped us better understand the process, and the documents with questions from all the meetings were very helpful both during the meetings and now. We were disappointed with the answers from the Danish government during the session, especially given the well-qualified questions from the Committee members. We see it as a significant problem that the three countries of the Kingdom of Denmark—Greenland, the Faroe Islands, and Denmark—are processed together, which results in less time being allocated to each country. We now look forward to receiving the Concluding Observations and continuing our political work and cooperation with IDA and EDF.”
In turn, the Faroese Disability Organizations (MEGD) also shared their collective reflection: "Throughout the constructive dialogue with the Kingdom of Denmark on August 23rd, it became crystal clear that fundamental rights in the legislation of the Faroe Islands do not necessarily reflect the lived experiences of persons with disabilities there. There are simply too many examples of profound gaps between legal formalities and the real needs of people. Fortunately, the CRPD Committee members posed important questions for the government, amongst other things on authorities’ approach to consulting and listening to the expertise of people with disabilities in matters that affect them in the law-making process, for instance to ensure de-institutionalization and non-discrimination. The organizations for persons with disabilities in the Faroe Islands hope that the government will take the concluding observations seriously and, on this basis, adopt a structured human rights approach to ensure that all people can participate on an equal basis in society, where human rights are at the forefront."
Mauritius: Reservations to Key CRPD Articles and Pending Ratification of the Optional Protocol
The second review of the Republic of Mauritius began this week. Despite previous recommendations from the CRPD Committee, two main issues highlighted were the State's reservations on Articles 9 and 24, which significantly limit their potential impact on accessibility and inclusive education for persons with disabilities. Additionally, when questioned about the ongoing delay in ratifying the Optional Protocol to the CRPD, the State cited its reservations as the reason for the postponement but provided no technical explanation to substantiate its response.
As an island nation, Mauritius faces significant risks and challenges due to climate change. Consequently, the CRPD Committee inquired about plans to include protections for persons with disabilities within the 2020 Climate Change Act and related policies and action plans. While the State's responses indicated commitment and a constructive attitude, they often lacked concrete steps forward.
Ms. Pooja Gopee, Ms. Nalini Ramasamy, and Mr. Bondy Poorasveensingh represented Voice of DPI (Mauritius) at the review. They shared the following message with IDA: "Our comprehensive report was prepared in consultation with a wide range of stakeholders, including people with disabilities, NGOs, and representatives of Organizations of Persons with Disabilities (OPDs). We extend our heartfelt thanks to the International Disability Alliance (IDA) for facilitating this process and to their representative for their unwavering support.
The shadow report provides a detailed analysis of various articles, highlights areas that need improvement, identifies issues that are not functioning as intended, and offers actionable recommendations. Since Mauritius has not fully implemented the 2015 CRPD Committee's Concluding Observations, our shadow report and presence in Geneva were essential for advocacy."
Ukraine: Reviewing a Country at War, Balancing Understanding with CRPD-Based Demands
Reviewing Ukraine required the CRPD Committee to balance understanding of the country's situation, under aggression by the Russian Federation since February 2022, with its mandate to monitor the respect and fulfillment of the rights of persons with disabilities under the CRPD. This was not an easy task.
Given the current context, much attention was focused on Article 11 of the CRPD, which addresses situations of risk and humanitarian emergencies. The CRPD Committee repeatedly asked whether the State, within its limited resources, provided protection and support for persons with disabilities in dangerous areas due to the conflict, including those who might flee such areas. Many concerns were raised about the lack of accessibility to basic services, such as water and sanitation, in border areas for persons with disabilities waiting to cross into other countries.
Issues of institutionalization, re-institutionalization, and transinstitutionalization of persons with disabilities, particularly through the application of Article 13 of the Psychiatric Care Act, received significant attention due to the large number of people being moved from one institution to another, both within the country and beyond its borders. While Ukraine may not bear responsibility for all these actions, the forced displacement of children from areas under Ukrainian control to "temporarily occupied territories" was highlighted, with CRPD Committee members seeking to understand what actions the State was taking to address this situation and reunite families.
Representatives from the National Assembly of Persons with Disabilities of Ukraine (NAPD), Fight for Right, League of the Strong, and the Ukrainian Helsinki Human Rights Union provided additional information during the session on the rights of persons with disabilities. They made a significant effort and a long journey to attend the session in Geneva, Switzerland, with support from the European Disability Forum and Disabled People's Organization Denmark. Ukrainian civil society colleagues have repeatedly emphasized the need for international and regional cooperation agencies to include OPDs and the rights of persons with disabilities in their humanitarian actions.
Meeting International Public Officials Based in Geneva!
In addition to their participation in the 31st CRPD Committee session, colleagues from national OPDs held productive meetings to establish connections, explore synergies, and seek support from UN agencies' focal points on disability.
Over the past few days, representatives from OPDs across various countries met with Ms. Martina Balciunayte from the OHCHR Human Rights and Disability Team, Mr. Ricardo Pla Cordero, Protection Officer for Disability Inclusion at the United Nations High Commissioner for Refugees, and Mr. Stefan Tromel, Senior Disability Specialist at the International Labour Organization (ILO).
Looking for More Information on the Session?
All these public sessions will be webcasted by UN Web TV.
Find the Programme of work of the 31st CRPD Committee session here.
All documents related to the session, including public alternative reports by organizations of persons with disabilities are available here.