A UN convention on rights of the disabled is being drafted without the participation of those it affects, writes Donal McAnaney
Few in Ireland will argue against the need to promote and protect the rights of people with disabilities. Yet as a landmark United Nations convention on this topic is being drafted, citizens throughout Europe are uninformed and not being consulted. This momentous development is happening without the informed participation of those it affects.
It is really ironic that the draft treaty promotes the need for access to information, and the need for inclusion in decision-making of people with disabilities, yet Ireland's officials tell us they are "too busy" to hold a seminar on this during its EU presidency. It is equally hard to square these aspirations with the fact that Ireland was not one of the seven of the 15 EU member-states who bothered to include representatives of the disability sector in their delegations.
In Dublin today, Rehabilitation International Ireland - comprising Rehab Group, the National Disability Authority and the Federation of Voluntary Bodies, with the Forum of People with Disabilities and sponsored by the Human Rights Commission - will facilitate a much-needed seminar to allow the disability sector and key stakeholders to review the current draft of the UN convention produced in January this year, update participants on key issues and produce a sectoral consensus to the Government and EU as a result.
International treaties are, by their legal and complex nature, not very accessible to the majority of people. However, this cannot be an excuse for omitting to ensure people with disabilities have real input into the process, and that the concepts behind the obtuse language reflect their ideas, opinions and lived experience. These are the citizens whose rights are ostensibly being protected by the Treaty.
A UN convention is a powerful instrument: a declaration of intent by states to reach an agreed standard, a supranational safeguard for citizens. These conventions happen rarely and a concerted effort is required to get it right. A good robust convention needs the involvement of all its stakeholders.
Consultation and debate is needed urgently as the EU is about to decide on a common position in advance. Ireland will chair in May a meeting to form common position on the draft convention, and the next round of global negotiations will take place in New York in June.
Ireland made a very positive contribution to the early stages of the convention process, and the Government now finds itself once again in a pivotal position both in its role as president of the European Council and a member of the ad-hoc committee.
In these roles, there is an onus on the Government to ensure it is properly informed on all the key issues prior to coming to conclusions. It seems to me that Irish officials with responsibility for the process believe they have such an understanding already. But how can an understanding be formed without formal consideration of any expert views - the views of people with disabilities, their families, carers, advocates, service providers, educators, etc?
I welcome the fact that a European Parliament statement last July insisted that this process should result in an effective monitoring mechanism, similar to the ones in existing conventions, which have already been used to effect by Irish and other NGOs in highlighting where states are not meeting their international obligations. I am very concerned, however, that six months later, the agreed EU position on international monitoring has been kicked to touch, for discussion at the June meeting, where NGO participation is less. Without proper monitoring, a UN convention won't be worth a damn.
One practical suggestion is that all the relevant Oireachtas committees (Health and Children, Justice, Equality, Defence and Women's Rights, Foreign Affairs Sub Committee on Human Rights) should review the UN convention and call all the relevant Government Departments to represent themselves prior to the ad-hoc meeting in May, and their comments published.
The social partners should also be involved in this process. To date all that is on offer is one paltry meeting with the Department of Foreign Affairs.
The "democratic deficit" has become a cliché synonymous with EU politics. The current disregard for consultation on the part of Irish State officials and elected representatives indicates that this might not be solely an European problem. If anything provides clarity as to why we need a convention on the promotion and protection of the rights of people with disabilities, and an international monitoring mechanism to support it, it's the exclusive process taking place currently.