The World Bank Safeguards and Disability Issues: What Changes with the Convention? February 24, 2009 Alberto Ninio Environmental and International Law Unit The World Bank

Timing & Context - UN Convention on the Rights of Persons with Disabilities (CRPD) opens a new era of inclusive development - Potential role of the WB in implementation of the CRPD - Legal and reputational exposure

The Vienna Convention on the Law of Treaties – A Detour Article 18 Obligation not to defeat the object and purpose of a treaty prior to its entry into force A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when: (a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or (b) it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed.

WB activities and the Convention  Examples of linkages between CRPD provisions and WB sectors: Article 8 Awareness raising – EXT-CommNet Article 9 Accessibility - Infrastructure, Information Solutions Group, External Affairs Article 24 Education - Infrastructure, Human Development Network Articles 25 Health & 26 Rehab - Human Development Network Article 27 Work & employment - Human Development Network, Development Economics Article 31 Statistics and data collection - Human Development Network, Development Economics, Washington City Group

WB activities and the Convention  Examples of articles with specific relevance for Legal: Article 12 Equal recognition before the law Article 13 Access to justice Article 32 International cooperation  Examples of articles with cross-thematic linkages: Article 4 General obligations Article 9 Accessibility Article 6 Women with disabilities Article 7 Children with disabilities

WB & Disability: Legal Perspective - I The relevant legal framework for disability: Articles of Agreement Operational Policies and Procedures Project Specific Agreements International Treaties & Documents

WB & Disability: Legal Perspective II Some constraints exist: Articles of Agreement and Specific Operational Policies & Procedures silent Little appetite for new policies - harmonization effort is a factor

WB & Disability: Legal Perspective III … but also opportunities!!!  The nature of the assessments and plans required under safeguard policies not only allow for raising the issue of disability, but should be seen as a requirement (Inspection Panel alert)  Donor Coordination through Sector/Project Specific MOUs  Participation in CRPD-related activities

Persons with Disabilities Involuntary Resettlement Social Assessment Indigenous Peoples Environmental Assessment

Applicable Policies  Safeguards and Disclosure Environmental Assessment (OP 4.01) Involuntary Resettlement (OP 4.12) Indigenous Peoples (OP 4.10) Disclosure (BP 17.50)

Lending Instruments Investment Lending Technical Assistance Development Policy Lending

What is still to be done (cont.)  Develop or adapt standards and guidelines for disabled access that lead to concrete results (planning and implementation)  Create an early and ongoing public participation process with meaningful, constructive results for all people  Combine efforts of Safeguards and Social Assessment to better address overall impacts

Additional resources  WB intranet “disabilitytoolkit”  Convention on the Rights of Persons with Disabilities  “Making Inclusion Operational: Legal and Institutional Resources for the World Bank Staff on the Inclusion of Disability Issues in Investment Projects” /MakingInclusionOp.pdf  “Disability-Inclusive Social Analysis: A Guidance Note” /SAnalysisDis.pdf

Thank you very much! Alberto Ninio