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Importance and Perspectives of Universal Periodic Review (UPR) and Roles of Civil Society Organisations. Asian and the Pacific Disabled People’s Organizations United: Towards the Establishment of the Regional Decade on the Effective Implementation of the Convention on the Rights of Persons with Disabilities 21-22 June 2010 UNCC, Bangkok Presented by Birendra Raj Pokharel President National Federation of the Disabled-Nepal (NFDN) South Asian Sub-Regional Chair of DPI
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Presentation Outline: Background of UPR: The objectives of the UPR: General Guideline for the information for preparation of the UPR: South Asian Experience: Initiatives taken by Civil Society in Nepal: Documentation for the review: The Schedule of the review in some of the Asia-Pacific Countries: Recommendation for the Establishment of "New Decade of Rights of Persons With Disabilities in Asia-Pacific Region: Annex I: Joint Report of the alliance of CSOs concerning Disability for UPR
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Louise Arbor says “It asserts that Persons With Disabilities are free to live independently in their community, to make their own choices, and to contribute to society so that we can all learn and benefit from their diverse experiences and knowledge”
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Background: –CRPD helps increase public awareness of barriers faced by PWDs, –, urge law and policy changes, –provide redress in individual cases of rights violations or abuses and –channel resources into programs that support the rights of PWDs. –. Integrating disability into the global human rights framework –CRPD requires the state parties to recognize the human rights of PWDs, –The Convention requires to periodically reporting to the UN on its progress in implementing and enforcing the treaty obligations.
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Background of UPR: CRPD committee formed under article 34 review state report The UPR is a unique process which involves a review of the human rights records of member states of UN every four years. The UPR is a State-driven process under the auspices of the Human Rights Council, provides the opportunity to declare what actions the countries have taken to improve the human rights situations the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed.
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The objectives of the UPR to address human rights violations, improve the human rights situation, encourage States to fulfill their human obligations and commitments, assess the positive developments and challenge, enhance the State's capacity, provide technical assistance and share best practices between stakeholders.
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GENERAL GUIDELINES FOR INFORMATION UNDER THE UPR: The Human Rights Council made the Decision 6/102. Follow-up to Human Rights Council resolution 5/1 at its 20th meeting on 27 September 2007 “Reaffirming the relevant provisions, related to the universal periodic review, of General Assembly resolution 60/251 of 15 March 2006 Human Rights Council resolution 5/1 of 18 June 2007 the institution-building package.
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Guideline for UPR A. Description of the methodology and the broad consultation process B. Background of the country under review and existing framework, C. Promotion and protection of human rights on the ground: D. Identification of achievements, best practices, challenges and constraints; E. Key national priorities, initiatives and commitments F. Expectations of the State concerned in terms of capacity-building and requests, G. Presentation by the State concerned of the follow-up to the previous review. States should consult their national human rights institutions and civil society organizations while applying.
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South Asian Experience: 2008 1st Session: India, 2nd Session: Pakistan, Sri Lanka. 2009 4th Session: Bangladesh, 5th Session: Afghanistan, 6th Session: Bhutan. 2010 9th session: Maldives 2011 10th session: Nepal.
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Some of the observations within the UPR of the South Asian Countries: # Of stakeholders' submission: India-37 Bhutan-6 # pages of National Report: Shree Lanka -32 India – 16 Others more than 20 pages
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Some of the observations Number of Recommendations to SuR: Afghanistan -98+, Bhutan - 99 India – 18 # of Advance Written Questions to SuR: Afghanistan – 52 India - 23.
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Initiatives taken by Civil Society in Nepal: Nepal is going to be reviewed in February 2011 crucial and timely intervention for a member of civil society Asian Forum for Human Rights and Development and INSEC organized workshop (11-13 April 2010) to discuss on the UPR and to develop common strategies and work plans Nepal NGO Coalition for the UPR is a loose coalition The coalition comprises national coalitions; federations; human rights NGOS, lawyers, academicians, media professionals and individuals. The secretariat of the coalition and HRTMCC is both are in INSEC
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Initiatives from NFDN The National Federation of the Disabled -Nepal (NFDN) is coordinating for CRPD sub-committee the presenter is the convener of the sub-committee under HRTMCC. NFDN organized a one-day consultative workshop in Kathmandu with the objectives to develop a report from disability rights perspectives for the UPR. The workshop also aimed to discuss UPR process and practices. with series of consultation and joint initiatives. The report has been presented to the alliance of CSOs.
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Documentation for the review: 1) National report Prepared by Nepal after consultation process between Government and civil society (10 700 words (approximately 20 pages) 2) Compilation of information from Treaty Bodies, Special Procedures and other United Nations documents, prepared by OHCHR (5350 words (approximately 10 pages), 3) Summary of stakeholders’ submissions prepared by OHCHR (5350 words (approximately 10 pages)
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The Schedule of the review in some of the Asia-Pacific Countries: Lao People’s Democratic Republic Working Group: May 2010, Plenary: September 2010 Myanmar Working Group: February 2011, Plenary: June 2011
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The Schedule of the review… Nepal Working Group: 17-28, January 2011, Plenary: June 2011 Singapore Working Group: May 2011, Plenary: September 2011 Thailand Working Group: December 2011, Plenary: March 2012 Timor Leste Working Group: December 2011, Plenary: March 2012.
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Recommendation for the Establishment of New Decade: The erratic behaviors of different Governments has hindrance the implementation of the BMF Realized that the Governments strongly restrict for the monitoring mechanism of the CRPD interventions through the National Human Rights Institutions. The importance of establishment of New Decade deserves paramount importance for pushing governments obligated towards rights of Persons With Disabilities. To achieve universal solidarity and enjoyed human rights should be one of the paramount aims of the "New Decade of Rights of Persons With Disabilities in Asia- Pacific Region".
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Recommendation.. The Agents for change should be harmonized alleviating and reducing global poverty Major step ensuring civil, political, economic, social and cultural rights of PWDs. In respect of the principle guideline of the CRPD for mainstreaming Disability in the development agendas by domestication. The violence in the basis of Disability has victimized is staggering fact, the global solidarity is overwhelming necessities in the following decade for ensuring Human Rights of Persons With Disabilities. the things to be done differently rather doing the different things achieving the goals of "Towards an inclusive, barriers free and rights based society for Persons With Disabilities".
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Last but not the least: Annex I: Joint Report of the alliance of CSOs concerning Disability for UPR Thank you.
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