Mr. Speaker, on March 30th, the Congressional Human Rights Caucus held a groundbreaking Members Briefing entitled, ``International Disability Rights: The Proposed UN Convention.'' This discussion of…
Mr. Speaker, on March 30th, the Congressional Human Rights Caucus held a groundbreaking Members Briefing entitled, ``International Disability Rights: The Proposed UN Convention.'' This discussion of the global situation of people with disabilities was intended to help establish disability rights issues as an integral part of the general human rights discourse. The briefing brought together the human rights community and the disability rights community, and it raised awareness in Congress of the need to protect disability rights under international law to the same extent as other human rights through a binding UN convention on the rights of people with disabilities.
The Caucus welcomed as expert witnesses Deputy Assistant Secretary of State Mark P. Lagon; the Permanent Representative of the Republic of Ecuador to the United Nations, Ambassador Luis Gallegos; the United Nations Director of the Division for Social Policy and Development in the Department of Economic and Social Affairs, Johan Scholvinck; the distinguished former Attorney General of the United States, former Under-Secretary General of the United Nations and former Governor of Pennsylvania, the Honorable Dick Thornburgh; the President of the National Organization on Disability (NOD), Alan A. Reich; Kathy Martinez, a member of the National Council on Disabilities (NCD); and a representative of the United States International Council on Disabilities (USCID) and Executive Director of Mental Disability Rights International, Eric Rosenthal. I intend to place their important statements in the Congressional Record, so that all of my colleagues may profit from their expertise, and I ask that my own statement at the briefing be placed at this point of the Congressional Record.
Good morning, ladies and gentlemen. I would like to welcome
you to today's Congressional Human Rights Caucus Briefing on
international disability rights and the proposed UN
Convention.
I would like to thank the Co-Chair of the Bipartisan
Disabilities Caucus, James Langevin, as well as my good
friends Peter King, Betty McCollum, Jim Moran and Jim Cooper
for attending this important briefing. We all owe a special
thanks to our former colleague, the former Chairman of the
House International Relations Committee, Benjamin Gilman, for
his active participation in this briefing. His support for
this noble cause is invaluable.
This is the first time that the Congressional Human Rights
Caucus has held a briefing on international disability
rights. While I am very pleased that the Caucus is holding
this groundbreaking briefing today, the mere fact that this
is the first of its kind highlights an important shortcoming
of the work of the human rights community, which, so far,
has largely been absent in its support for the disability
community.
Ladies and gentlemen, an estimated 600 million people in
the world have a disability of various types and degrees. The
day-to-day life of 25 percent of the world's population is
affected by disability--affecting entire families, not just
individuals. 80 percent of the world's people with a
disability live in developing countries, where only 1 percent
to 2 percent have access to the necessary rehabilitation
services. The majority of an estimated 150 million children
with disabilities worldwide remain deprived of learning
opportunities. Only 2 percent of children who have
disabilities in developing countries are attending schools or
have access to rehabilitation facilities.
These facts only begin to describe the global disparities
in the living conditions of persons with disabilities.
According to the recent State Department's Country Reports on
Human Rights Practices, in the People's Republic of China,
some protection laws were passed and attention to disability
issues raised, particularly in light of the upcoming Special
Olympics in 2007. However, a wide gap exists between
protection laws and the practical implementation.
Additionally, some remaining legal provisions outrightly
contradict those protection laws. The Maternal and Child
Health Care Law prohibits the marriage of persons with
certain specified contagious diseases or certain acute mental
illnesses. If doctors find that a couple is at risk of
transmitting disabling congenital defects to their children,
the couple may marry only if they agree to use birth control
or undergo sterilization. Doctors frequently force parents of
children with disabilities to place those children in state-
run institutions, which cannot provide adequate
rehabilitation. Government statistics showed that almost one-
quarter of the approximately 60 million persons with
disabilities live in extreme poverty. The Higher Education
Law enables universities to legally exclude disabled
candidates for higher education. Other countries also have
codified laws to prevent discrimination against persons with
disabilities, but fail to implement them. Traditional myths
and misconceptions further compound harsh living conditions
for people with disabilities. For example, in Zimbabwe
according to traditional beliefs, persons with disabilities
are considered bewitched, and reports of children with
disabilities being hidden when visitors arrive are common.
In response to the existing global discrepancies, the UN
set non-binding standards in 1993 through the United Nations
Standard Rules on the Equalization of Opportunities for
Persons with Disabilities (UN res48/96). To further
strengthen international standards, the General Assembly
established an Ad Hoc Committee in 2001, which is charged
with the drafting of a Comprehensive and Integral
International Convention on the Protection and Promotion of
the Rights and Dignity of Persons with Disabilities. The Ad
Hoc Committee is chaired by Ambassador Luis Gallegos, whom we
welcome today to this briefing. Currently, 27 countries and
12 representatives of NGOs participate in a working group,
which is considering draft proposals for such a convention,
and which reports to the Ad Hoc Committee.
Unfortunately, some critics have come forward and spoken
out against this noble effort, characterizing it as either
needless, naive, or too complex for an international
solution. Arguments such as: ``Are we really going to tell
the poorest countries of the world that they now have to
build ramps for people in wheelchairs, when they barely can
feed their citizens?'' do not only miss the purpose of a
Convention, but also do not recognize the realities on the
ground.
To address the latter point on the practical implications
first, I am fully convinced that poor and developing
countries can only move forward in their development if they
include
people with disabilities. It is impossible to feed a starving
population on the ground with food donations when, as I have
mentioned earlier, a significant number of people in the
developing world have a disability, and cannot even reach
this food aid. International Donor countries could have
hardly intended to provide food aid so we all can witness
scenes on television reminiscent of Darwin's ``Survival of
the Fittest,'' where only the strong survive. The same is
true for any economic development. If significant numbers of
people are excluded from any development and opportunities in
a country, we can expect their dependence on international
aid to continue. Furthermore, how can persons who are deaf or
blind ever benefit from significant efforts in the global
fight against HIV/AIDS, if they cannot be part of any
education campaign, an issue recently addressed in a New York
Times article from Sunday, March 28th? The United States can
hardly change the infrastructure of a country over night. Nor
can we do it alone, we need the international community
and encourage all nations to move forward with our
guidance and support.
Critics also miss the point of what the purpose of the
proposed Convention really is. The most important role of the
proposed convention is the elevation of disability rights to
the highest level of international law. Only if we can
establish an internationally verifiable consensus on what
disability rights are and through what mechanisms they can be
achieved, can we expect to make them part of a meaningful
international dialogue. This is exactly the purpose of other
UN human rights instruments the US has not only entered into,
but helped bring into existence, most notably the Universal
Declaration of Human Rights, which has become part of
customary international law. This convention most certainly
is not a ``silver bullet'' for all disability rights problems
everywhere, nor does it change the situation in a country
over night, only because it has become a party to this
treaty. It also does not serve to ``threaten'' developing
countries with the overnight implementation of unachievable
goals and standards, but to offer an opportunity for a
country to commit itself to a verifiable journey toward
standards, which are the result of an international
agreement. I think it behooves the United States to let other
countries benefit from our expertise and the standards we
have achieved, most notably in the Americans with
Disabilities Act. We are undoubtedly the leading nation on
disability rights, and we are the sole remaining superpower.
This unique position realistically means that we can either
provide active leadership toward passage of such a document,
ensuring that it gains international credibility, or we can
stand aside. Therefore, I was disappointed by the remarks of
former Assistant Attorney General for Civil Rights, Ralph
Boyd, before the Ad Hoc Committee on June 18, 2003. In his
remarks, Assistant Attorney General Boyd, recognized that
``Unfortunately, persons with disabilities have too often
been the targets of improper discrimination . . .'' and
continues that: ``. . . the activism and attention of UN
Member States brings hope that one day they will be
seamlessly integrated into the societies in which they
live.'' Interestingly enough, the U.S. does not seem to be
one of those states infected with ``activism and attention,''
as he points out that--while the US has a lot of experience,
and other countries are more than welcome to learn from us--
we do so considering our ``comprehensive domestic laws
protecting those with disabilities, not with the expectation
that we will become party to any resulting legal
instrument.''
We have invited the Department of Justice to participate in
today's briefing, but the Department declined our invitation
yesterday. I find it very curious that the Department of
Justice speaks at the United Nations about these issues, but
has nobody available to share their position with Members of
Congress at this briefing today.
I, and all of my colleagues on the International Relations
Committee, strongly disagreed with the position expressed by
former Assistant Attorney General Boyd when we passed
unanimously H. Con. Res. 169, a bill I have introduced in
strong support of a UN Convention. I seriously hope that the
Administration is reconsidering its position, and I call on
the House Leadership to schedule my legislation as soon as
possible, so that the Full House and the Senate can go on
record in calling for an international convention before the
next working group meeting in May. We also need to bring the
complete resources of the U.S. Government to help in
addressing the problems of people with disabilities abroad.
That is why Frank Wolf and I introduced H.R. 1462, the
International Disabilities and Victims of Civil Strife and
Warfare Assistance Act, and we hope to see legislative action
on that initiative soon.
We should be the engine of this effort, not the breaks.
Apart from our moral obligations as the richest and most
powerful nation on this planet, the United States also stands
to benefit directly from such efforts. First, only equal and
full participation of all groups of society in all aspects of
life can guarantee a stable country, and a strong democracy.
I do not need to discuss this in great detail, as the spread
of democracy around the globe has long been the foremost
foreign policy goal of the United States. A leadership role
in the field of international disability rights will
significantly impact the positive perception of the United
States globally. Second, in an increasingly global economy,
American companies have to be global actors to be
competitive. Maybe the critics of a strong US leadership role
on this issue can explain to us how American citizens with
disabilities will participate in those global opportunities,
and the career chances they present, if persons with
disabilities would not even be able to get to a branch office
of their company in El Salvador, Rwanda, Vietnam or--let's
say, Uzbekistan?
As you are aware, the US government recently made
fundamental changes in the way we will consider foreign aid.
The Millennium Challenge Act of 2003 (Pub. L. 108-199)
established the Millennium Challenge Corporation (MCC), and
clearly proscribes in Sec. 607(b)(1)(B) as one criteria for a
country's eligibility for funds through the Millennium
Challenge Account the `` respect [for] human and civil
rights, including the rights of people with disabilities.''
According to our legislation, ``Such determination shall be
based, to the maximum extent possible, upon objective and
quantifiable indicators of a country's demonstrated
commitment to the criteria in subsection (b), and shall,
where appropriate, take into account and assess the role of
women and girls.''
The legislative intent is clear, the implementation is not.
According to the MCC's Report on the Criteria and Methodology
for Determining the Eligibility of Candidate Countries for
Millennium Challenge Account Assistance in FY 2004, the
disability rights criteria will largely be determined by the
findings of the State Department's Human Rights Report.
Unfortunately, the Country Reports vary widely in
comprehensiveness and quality on this issue, precisely
because of the absence of recognized international standards,
which we have for other human rights issues. Clearly, only
global and enforceable disability rights standards which have
become part of accepted international law by UN Member
Countries through a UN Convention can provide us with
appropriate reporting criteria, so that an objective
determination can be made.