To Advance the Rights of Women and Children with Disabilities

Building Bridges Between and Across Human Rights Communities in Bangladesh and Nepal to Advance the Rights of Women and Children with Disabilities Introduction The Wellesley Centers for Women partnered with the Forum for Women Law and Development ( FWLD), and the Bangladesh National Women Lawyers Association ( BNWLA), two premier women’s rights organizations in Nepal and Bangladesh to put into practice a unique model developed by the Wellesley Centers for Women in conjunction with the BNWLA and FLWD. The disability rights communities in Nepal and Bangladesh have been built on a social welfare model. In order for the disability rights community to fully engage with the new Convention on the Rights of Persons with Disabilities (CRPD) it was important for the disability rights communities to engage with the human rights framework and the human rights community. Only if this is done, can the disability rights movement fully realize its potential as a human rights movement and mainstream disability rights into the human rights framework.

The programmes in Bangladesh and Nepal were innovative exercises in operationalizing this innovative, inclusive movement- building model.

Over 200 participants from across the country attended the Bangladesh conference and over 100 participants from all across Nepal took an active part in the Nepal Conference.

The Bangladesh Conference on the Implementation of the UN Convention on the Rights of Persons with Disabilities (name of conference chosen by the nine member Organizing Committee) was held on the 21st and 22nd of January at the LGED auditorium. The Nepal Conference on advancing the Rights of Women and Children with Disabilities conference was held on the 25th and 26th of January 2009 at the Shanker Hotel, Kathmandu. The Nepal conference was organized by a 20 member Working Group on Advancing the Rights of Persons with Disabilities. The Forum for Women Law and Development acts as the Secretariat for the Working Group and the National Federation of Disabled – Nepal is the Convener.

The names of the Organizations constituting the Working Group in Nepal and Bangladesh are included in the Appendix.

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Part One: The Overarching Principles of the Programme Inclusivity In order to advance inclusive movement building, the main partners (the Forum for Women Law and Development and Bangladesh National Women Lawyers Association) were asked to engage with the disability rights community in a respectful and inclusive manner. To facilitate this, Forum for Women, the partner, convened a Working Group or core group of disability rights and other human rights organizations who would be responsible for shaping the agenda and executing the action plans. Although the agenda and plan of action had already been envisioned by the Wellesley Centers, they were introduced to the Working Groups, who adopted them only once these programmes were adapted to the domestic context and reality.

Prior to the conferences in Bangladesh and Nepal in January 2009, both FWLD and BNWLA created inclusive Working Groups made up of different stakeholders to organize and convene the conference. A consultative process marked the working of these Groups.

At the conference in Bangladesh three different Working Groups were formed under different thematic issues. These Working Groups will continue to operationalize some of the key recommendations made at the conference.

In Nepal, the core Working Group of 20 members drawn from a cross section of the human rights community will continue to facilitate the work sparked by the January conference.

In Bangladesh and Nepal, the disability rights groups defined and led the agenda. In Nepal the Master of Ceremonies was in a wheelchair and in both countries every panel has a representative from the disability rights, women’s rights and other human rights communities. The Welcome and Concluding Comments were made by leaders of the disability rights groups.

Sign language interpreters were available at both programmes.

Important changes were seen in the organizational structure of the BNWLA and FWLD. BNWLA ‘s program coordinator is a parent of the child with a disability. FWLD hired a staff member with disabilities. She performed a dance to a riveted audience.

The bags for the materials were created by a participating organization, the Mentally Retarded Women’s Vocational Training Center in Nepal.

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Focus on Concrete and Measurable Results The Working Groups that came before and after the Conference focused on concrete results such as creating a participatory model of advocacy, examining the intersections of the rights conventions, providing gender perspectives into disability lawmaking and a disability focus on gender-based lawmaking.

Working with different human rights programmes provide greater capacity for all and expands the work of all groups. In particular this provides an opportunity for disability rights groups to mainstream the disability rights agenda into other human rights groups.

Working with established human rights groups helped to provide greater visibility to the disability rights groups and helped to scale up the disability rights groups. For example, in Bangladesh, the conference provided an opportunity for disability rights groups to interact with the women’s rights leadership and learn the tools for network and movement building. Moreover, the women’s rights movement was able to share valuable insights from the human rights reporting processes so that the disability rights movement could gain from the experiences of the women’s movement. The initiative also helped to locate disability rights as a mainstream human rights issue. It was also important to feed the disability rights agenda into existing and ongoing human rights programmes and to ensure a human rights and gender perspective to all disability issues.

CEDAW and CRC Reporting Processes Nepal’s State party report to the CEDAW Committee is due in June of 2009. FWLD will be leading the shadow reporting process through six regional conferences in Nepal. A provision on disability rights will be included in the shadow report to the CEDAW Committee. Some of the Working Group members will participate in this process.

BNWLA will be submitting a shadow report to the CEDAW Committee in December 2009.

Human Rights Litigation FWLD will create a team of lawyers and advocates who will try a case before the Nepal Supreme Court for Directive Guidelines to institutionalize the rights of women with disabilities to reproductive health and sexual rights.

BNWLA will mount a litigation challenge in the High Courts and appeal to the Supreme Court and if unsuccessful access the CEDAW committee under the Optional Protocol.

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Identify Existing Law Reform Initiatives as Entry Points Both Nepal and Bangladesh are at very important moments in their political history and the programmes are strategically planned to feed into these processes. This is about expanding the potential of existing and ongoing reforms.

Seizing Historic Opportunities: Nepal’s Constitutional Process and New Political Beginnings in Bangladesh Both conferences were organized at an opportune time. The critical question is: how can these issues be brought to the forefront at the time of restructuring of the State? The question that resonated at the programme was: how do we make the rights of persons with disabilities a cross-cutting issue?

Nepal is in the process of writing a Constitution and a Bill of Rights. The programme feeds into this milestone process by informing the Preamble, Bill of Rights, and the Directive Principles. Moreover, it opens valuable space for the participation of persons with disabilities in this historic process, making them shareholders of the country’s new governance processes.

The Conference brought together several Constituent Assembly (CA) members and the conference forum became a powerful space in which the participants from the disability rights and human rights movements could come together in a more perfect union to make representation before the CA assembly members.

FWLD together with the Working Group will make further recommendations to the CA and provide the necessary legal language to frame the recommendations of the Working Group.

The Platform of Action and Recommendations created at the conference will be circulated by Sapna Malla to all Constituent Assembly members.

A report prepared by FWLD will be circulated as a White Paper to different stakeholders.

Bangladesh is at the dawn of a new political beginning. This opens out new possibilities and provides a new hope for the potential for change.

The Value Added of Working with the Women’s Rights Movement •

The support of the legal community is needed in revising the disability law. Legal analysts also help to bring a disability rights perspective to all other laws and law making processes.

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The women’s movement brings a long tradition of advocacy and experience. The interaction of the disability rights groups with the women’s rights groups helps to scale up the work of the disability rights groups.

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The collaboration with the human rights groups also helps to make disability rights more visible and helps to put the disability rights groups in direct touch with high-level lawmakers, policymakers, media and other stakeholders.

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For the first time, in Nepal and Bangladesh persons with disabilities had the opportunity to directly confront lawmakers and hold them accountable to gaps in the current laws.

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Collaborative action helps to expand the advocacy of both women’s movement and the disability rights movement.

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Joint action forged in inclusivity helps to nurture and grow movements that were born later in time to the women’s movements.

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WCW conceived this seminal project in response to recommendations made by BNWLA and FWLD and worked together with them to realize the seminal goals of this initiative.

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BNWLA’s and FWLD’s large network and leadership position in the advocacy community provided an entry point for successful collaboration between and across communities.

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BNWLA and FWLD have access to strategic advocacy organizations, CEDAW Committee members, and political leaders that they could bring together to bolster the work of the disability rights communities.

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BNWLA and FWLD prepared a preliminary research report to WCW on the prevalence of disability and the needs assessment. This was translated into Bangla and disseminated as the Concept Note.

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BNWLA and FWLD worked closely with WCW in developing the agenda and the methodology for the conference and the Working Groups.

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WCW’s Resource Tool on Disability Rights, Gender, and Development was distributed to 100 NGO groups in Bangladesh.

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BNWLA in consultation with the Working Group developed 1000 posters that were distributed all over Bangladesh through the participants.

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The conference report will be distributed to all government agencies and human rights civil society stakeholders.

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The women lawyers have pledged to assist in communications or complaints using the Optional Protocol to the U.N. CRPD.

Feeding into the Law Reform Process Nepal Law Reform Process Sapna Malla, the founder of FWLD, has been asked to coordinate the drafting of the domestic violence bill in Nepal. This process will be informed by some of the recommendations made on law reform at the Conference and by the ongoing consultations of the Working Group.

Similarly, the recommendations will help inform the revisions to the disability law.

Bangladesh Law Reform Process The Conference and the Working Groups developed at the Conference will seize the opportunity of existing and ongoing law reform initiatives to inform and shape those processes into adopting a disability rights perspective. Linking with these reform efforts provides a powerful entry point to address issues such as the unequal victim witness laws, domestic violence lawmaking and trafficking law reform.

Sustainability An important characteristic of the Nepal Working Group is that the Working Group will not come to an end at the completion of the programme but hopes to exist in perpetuity.

This is one of the most important sustainable outcomes of this programme.

BNWLA has pledged to provide legal aid to women with disabilities who are victims of violence, sexual abuse and discrimination.

Platform of Action Copies of the Platform of Action/Recommendation will be disseminated among lawmakers in Bangladesh and the members of the Constituent Assembly.

BNWLA and FWLD will each create a report on the project for wide dissemination.

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Part Two Bangladesh Conference Working Group BNWLA adopted an inclusive methodology to reach out to disability rights groups. The Working Group was formed of disability rights groups to eager to work on the crosscutting nature of women’s and disability rights.

The Working Group of nine members had over 20 informal meetings in preparation for the conference. All decisions were made collaboratively in a consultative manner.

Media Media partners covered the whole programme. The Daily Prothom Ali/The Daily Star covered the conference and reported the highlights of the conference. The call for a woman legislative member with disabilities was the headline of the report of the conference. Morning news carried a report of the conference along with the attendance of the Attorney General and high-level members of the Ministry of Welfare. This will raise awareness and sensitivity and help replicate this model at the grassroots level.

The Task Forces were organized around these recommendations and the Civil Society Platform of Action will be sent to all government agencies.

Panel One Human Rights Reporting Background: This panel focused on the State party reporting procedures and shadow reporting under the CEDAW, CRC and CRPD. The Working Group that will be convened on human rights reporting will work with BNWLA on the current CEDAW shadow reporting process. This will be a unique opportunity in which women with disabilities work with their peers on the CEDAW shadow reporting process. It will broaden the women’s rights constituency and provide a powerful platform for joint action on related and cross-cutting issues. The Optional Protocol process under the CRPD was highlighted as a powerful accountability and monitoring process. Concrete steps on shadow reporting under the human rights conventions and recommendations for the OP

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process were analyzed. If human rights litigation in the domestic courts were unsuccessful, the Working Groups would access the Optional Protocol.

Recommendations on Reporting: CRPD reporting •

Raise awareness and mobilize attention around the CRPD reporting to be done at the end of 2009. Learn a lesson from the CRC reporting process last year where civil society organizations were largely absent from the reporting process and ensure that all stakeholders (including women and children’s rights organizations) are engaged in the CRPD reporting process.

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Galvanize attention and hold the government accountable so that the government consults with civil society when writing the State party report to the CRPD committee.

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Work together as a coordinated human rights community to obtain a copy of the State party report before it is sent to the CRPD committee.

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Collect gender-disaggregated data on persons with disabilities and children with disabilities. This data must be broken down to different categories such as street children with disabilities; children with disabilities who are child labourers; acid affected persons. This will be helpful for both the 2009 CRPD State party report and shadow report and the next CRC report.

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All voices must be heard in the government report. A shadow report will be submitted to fill in the gaps of the State party report and to provide information on the status of persons with disabilities.

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One way in which the government might be forced to listen to the demands of persons with disabilities is to get the CRPD Committee to make relevant and strong Concluding Observations on specific rights violations.

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Ensure that the different ministries responsible for the rights of persons with disabilities coordinate on the State party report to the CRPD. Similarly, civil society groups will collaborate on the shadow report.

CEDAW and CRC Shadow Reporting •

The CEDAW shadow report submitted to the CEDAW Committee in July 2009 must provide a status report on women and girl children with disabilities. This report must cross reference the rights of women with disabilities and children with disabilities with the analogous provisions of the CRPD, CEDAW and CRC.

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Although the 2008 shadow report to the CRC committee lacked information on the rights of children with disabilities (the shadow report did cover the rights of vulnerable children), a commitment must be taken to address the specific and cross-cutting rights of children with disabilities under the CRC and CRPD in the next CRC shadow report.

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Acid throwing is one of the worst forms of rights violations against women and girl children in Bangladesh and a cause of severe disability. This must be highlighted in the three shadow reports to the CEDAW, CRC and CRPD Committees.

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Children, women and men with disabilities are disproportionately represented among those who beg on the street. The issue of persons with disabilities who beg on the street and street children must be collected and used in the report.

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Create committees to document violence against women and children with disabilities.

Panel Two: PIL (Public Interest Litigation) to Challenge Multiple Discrimination against Women and Children Background: As an organization of pro bono lawyers, BNWLA fights cases for free. In a PIL case, BNWLA will request directive guidelines from the court. This PIL action will go beyond a stay order. The anticipated result will be a new law or regulation for a class of persons and not just an individual. As leading PIL lawyers, BNWLA will harness innovative strategies and their long tradition of cause lawyering to help represent persons with disabilities. The systemic litigation or PIL case (as against an individual claim or stay order) will propel the court to make directives/guidelines on a specific disability rights violation against a large group of persons with disabilities. BNWLA together with the Working Groups will demand compliance by the government.

The Bangladesh constitution clearly specifies in Article 108 what action to take in the case of rights violations and many of the rights enumerated in the CRPD on education and health are enshrined in the Constitution. Therefore BNWLA will use the Constitution and CRPD as the legal basis of the case. The fundamental rights of the Constitution correlate with the CRPD. So the current Disability Welfare Law will be revisited through the lenses of the Constitution and the CRPD. Advocate Fawzia Karim Firoze, President of BNWLA, along with a skilled team of lawyers, is making preparation for the litigation. She called for the support of the disability rights communities to help her with fact finding and the necessary Fact Sheet.

A court watch will be established to monitor and report on the court hearings.

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Recommendations: •

In the first PIL case brought before the Supreme Court of Bangladesh challenging discrimination against a woman with disabilities, BNWLA will invoke the CRPD and CEDAW. This will be a groundbreaking case not just in Bangladesh but in the world.

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Case studies discussed by the participants included the following grounds of discrimination. One area will be identified: 1) Lack of access to mainstream schools for seeing-impaired children.

2) Lack of admission to the law faculty for students who need wheelchair access.

3) No ramps in hospitals or government buildings.

4) Ten percent quota for government jobs not implemented (this quota has to be shared with orphans). How can the law on the right to information ensure if the quota has been filled or not?

5) Reduced fares in buses not implemented/seats in buses not filled because drivers do not stop for persons with disabilities.

6) Children disabled by child labour, camel jockeying.

7) Accessibility is an important issue. Currently no public building, even the Ministry of Social Welfare, is accessible.

8) The judiciary exam clearly states that applicants/candidates must have good eyesight. This discriminates against the rights of persons with disabilities.

9) Accessibility must not be limited to physical accessibility but must ensure access to education and other services.

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Apart from a PIL case, BNWLA was requested to provide pro bono legal aid services to women and children with disabilities who are often deserted or abandoned by their husbands. Make sure to claim the stipend available in the law for children with disabilities.

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BNWLA will work with the disability rights community to formulate the kind of directives that will be requested of the court. All information must be provided by the disability rights community.

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Case studies, paper clippings and stories are important. BNWLA will work on the Fact Sheet and that is a continuing process.

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The PIL litigation will be a prelude to the formulation of a new law. But this alone will not be sufficient. All participants should make recommendations to the BNWLA on what should be included in the Fact Sheet for positive directives and guidelines from the court. For example, the Acid Control and Acid Prevention Act was formulated only after BNWLA filed a case. Acid was easily available in the market. So the court directed the Commerce Ministry to provide information on the procurement and selling of acids.

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Abuse including stigma and prejudice against persons with disabilities will be addressed through a Code of Conduct for the Treatment of Persons with Disabilities.

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Ensure that the interest around the issue is sustained well beyond the PIL case.

Historically the momentum dies soon after the litigation effort. For this legislative advocacy and media attention is important.

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BNWLA will not limit themselves to one or two issues. BNWLA will formulate a guideline, place it before the government and ensure that this guideline is implemented. The Fact Sheet will address issues of custody based on the best interest of the child and the maintenance of the child by the father.

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In the case of sexual abuse of persons with sight and speech impairment, it is difficult for them to file a case, because the burden of proof is very difficult to meet in these instances. This must be addressed in the Witness Protection Law.

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BNWLA and the Network will use the Information Act (every government office is required to have an information officer who is bound to provide information to whoever asks for it). BNWLA and the network will analyze the building code and find out if facilities for persons with disabilities are included. If not, that will be included in the Fact Sheet. That way, the issues of transportation, employment education will be addressed one by one in the fact sheet.

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BNWLA will recommend the shifting of the burden of proof in case of cases of discrimination against persons with disabilities. This strategy was followed in the case of the seminal sexual harassment case where once prima facie evidence of discrimination was brought, the burden of proof then was on the accused to deny discrimination.

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Stigma and bias must be addressed through raising awareness of the code of conduct.

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Recommendations will be prioritized since the government must have the resources to implement the law.

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The disability law states that persons with disabilities must be given priority, but how will this priority be implemented in reality?

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Although there is a quota for employment, persons with disabilities are not employed.

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Fact Sheet will recommend for a fixed seat in parliament for a disabled person.

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Once all domestic remedies are exhausted, BNWLA together with the Network will take the case to the CRPD Committee under the Optional Protocol.

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BNWLA will provide legal aid in individual cases of violence against women with disabilities, custody etc. in order to access to justice for women with disabilities.

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The person who drafted the law is not at the conference but he/she should be held accountable to the gaps in the law.

Third Panel Recommendations for Law Revision Background: The discussions focused on revisions to the 2001 Disability Welfare law in compliance and congruence with the new CRPD that Bangladesh is a party to. Moreover, discussion centered around gaps in the legal system in relation to the rights of persons with disabilities. The discussion focused on how existing law reform initiatives could be informed by a disability rights perspective. These law reform initiatives include among others the educational law, the draft domestic violence law, the draft Victim Witness Protection Protocol and the Acid Control Law. Institutional reforms such as the number of women and persons with disabilities to be included in district level committees, a woman with disabilities to be nominated to the reserved quotas of women legislators, recommendation for a disability cell within every ministry and the formation of a Disability Rights Committee was discussed and analyzed.

Moreover, the Working Groups will develop a Code of Conduct for the Treatment of Persons with Disabilities. The Working Group will lobby for the adoption of this code in different public enterprises.

Recommendations: •

The 2001 law on the Disability Welfare Law must be implemented better.

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The National Plan of Action for Children with Disabilities must be implemented better.

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The Disability Welfare law on disabilities must be revised.

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The Education Act must be amended to include a provision on access to education for children with disabilities

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Ensure that the District Commissions that are to be established under the 2001 law have members with disabilities on the Commission. Ensure the participation of children with disabilities in every committee.

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Currently, disability rights are under the social affairs ministry. This is not ideal given that all other ministries including health, education, women and children touch the lives of persons with disabilities deeply. Create a cell in each ministry that will be responsible for the rights of persons with disabilities. That way disability rights can be mainstreamed into all the work of the ministry rather than marginalized in one ministry (a recommendation was also made for a special ministry for persons with disabilities)

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Pass regulations to making the University of Dhaka (and other universities) more disability-friendly. Use the case study of the participant who was refused entry to the law faculty due to his disability to advocate for this.

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A woman with disabilities must be part of the 45 seat quota for female Members of Parliament.

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Ensure the participation of women with disabilities in the domestic violence lawmaking process include appropriate support services including medical support, counseling, shelter services, legal aid, etc. for victims of violence who are disabled (women and children).

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Create a new regulation to place human rights treaties before the Bangladesh parliament.

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In drafting the new witness protection protocol, ensure that separate requirement be drafted in the case of witnesses for blind (and hearing impaired) victims of rape, abuse and violence.

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A committee on disability rights must be set up (similar to the Committee on women). Women must be part of this committee. The government has a 2/3rd majority in parliament so the creation of this committee is important and timely.

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Include provisions protecting the rights of women and children with disabilities in the draft Domestic Violence Law; Draft Victim Witness Protections laws and other pending law reform initiatives.

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Create a Code of Conduct for the Treatment of Persons with Disabilities. This will be used to raise awareness to address stigma and prejudice when laws alone are insufficient to dismantle fear, stigma and prejudice.

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Incorporate the CRPD into national law ensure that domestic laws (including the 2001 Disability Welfare law) harmonizes with and complies with the CRPD.

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BNWLA has experience analyzing laws in accordance with Human Rights Standards. Bring this analysis to bear on the 2001 Disability Welfare law.

Problems with the Law •

CRPD is based on the Human Rights Based Approach but the Bangladesh law is not based on the HRBA and instead adopts a welfare approach.

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The Disability Welfare Law does not spell out the role of the Committees.

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The Committee set up under the law lacks appropriate monitoring or accountability functions.

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The Act fails to link all government agencies

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The definition of disability is flawed and ambiguous.

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The Act does not differentiate between intellectual and psychiatric disabilities.

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The law has no implementing mechanisms. Provide strong implementing and accountability mechanisms.

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No clarity on the punishments or remedies in the case of violations of the law.

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No guidelines for the role of the Committee.

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No accountability mechanism.

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No function of the role of the Committees.

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Lack of HRBA.

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No punishments and remedies. Law provides compensation and jail time for violators. But does not state for what.

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The new law needs to focus on equality for persons with disabilities.

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The law does not include the term rights in any place.

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If persons with disabilities were included in the different ministries then the Act would have been better implemented.

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Article 12.2 of the law does not once state that persons with disabilities should be included in the Committee.

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There is a need for incentives for the girl child with disabilities to attend school.

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Address violence and sexual abuse in school and travel to school, which prevents the girl child from attending school

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Bias in the school curriculum.

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Lack of accessibility in schools.

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Include causes for disability: natural disasters, malnutrition.

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Law revisions must reflect the dignity of persons with disability and not sympathy as is present in the current law.

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Advocacy and awareness raising must be made part of the law

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Ensure the representation of persons with disabilities in every grassroots and high-level agency, including Parliament.

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Ensure persons with disabilities have access to employment opportunities. Quotas are not enough and there must be greater accessibility to productive work and incentives for families with children with disabilities to access schools.

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Create job opportunities for persons with disabilities, even in the welfare ministry.

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There is no representation of persons with disabilities in the Police Committee, so how will law enforcement protect persons with disabilities?

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Use the CRPD to get a judgment which will then become a law.

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Form an alliance and pursue this issue.

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The district-level Committee must include one woman and man with disabilities.

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Banks don’t allow a person with disabilities to open a bank account.

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Persons with disabilities cannot stand guarantor in a loan.

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Violence against hearing and verbal impaired women must be addressed in a revised law.

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Address access to information technology in the law.

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NGOs must provide accessibility to persons with disabilities (Grameen Bank and BRAC).

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There is no provision of accountability in the law. We should put this in the amendment.

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Place the recommendations before the parliament.

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The state must make the committees active and accountable. Government should frame policy to ensure the representation of person with disabilities in all organizations, i.e. private enterprises, NGOs.

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All laws must be revised. Sign language evidence should be allowed in court.

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Must forward recommendations to the town planning authority, Rajuk, who deal with urban and transport planning of the city. What are the specific issues/gaps that we want to review?

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Lack of monitoring provisions and support systems in the law must be addressed.

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An action plan must be developed to disseminate the information on 2001 law.

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Laws from other countries must be reviewed by the working group. A Compilation of comparative laws and a matrix of critical practices will b sent by WCW.

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Address Article 2(e) of the Primary Education Act. The rights of the persons with disabilities must be established under separate clause of the Education Act.

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Reproductive health is very important. Disabled pregnant women do not have access to health services. Laws must be amended to reflect that.

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Grassroots communities must be made aware of law revisions.

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The Secretary of the Welfare ministry who drafted the law participated in the conference. The current law was not made available to persons with disabilities.

Make sure persons with disabilities are engaged in new law making.

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Begum Nasreen, the author of the current law has promised to consider the recommendations for law reform/new law. She stated that this conference will be meaningless unless the recommendations are seriously considered.

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Summarize these suggestions and forward them to the government.

Recommendations will be included in the Plan of Action.

Conclusion: The major achievement of this conference was the manner in which the human rights movement came together in concerted action to hold stake holders present ( senior officials from the Ministry of Social Welfare, the architect of the current law and the Attorney General and others from the Ministry of Justice) accountable to the gaps and inoperable provisions in the law in the law and solicited a commitment from these stakeholders to give weight and consideration to the recommendations that grew out of this conference. This conference thus created a powerful turning point in the history of disability and women’s rights in Bangladesh.

Part Three

Nepal Setting up a Working Group Prior to the conference, FWLD developed a representative Working Group of 20 members to convene the conference and to carry out the key recommendations of the Platform of Action.

The Working Group will continue beyond the timeframe of the programme, which will ensure the sustainability of the programme.

These key activities will include the following: Nepal Reporting Process FWLD is the central coordinator of the CEDAW shadow reporting process and is charged with writing this report. This allows the Working Group to tap into FWLD’s leadership role in this process. The National Women’s Disability Rights organization is part of the CEDAW shadow report project.

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The Working Group will work with NFDN through their existing initiative on law reform. NFDN has created a civil society task force on ratification. However none of the members of the Working Group seemed to be aware of the task force or its activities.

Thus the Working Group became a catalyst for the coming together of different groups.

FWLD is also part of a committee on law review relating to women. This process can be utilized to review disability laws.

Legal Analysis: FWLD has conducted an analysis of the legal system and identified discrimination in the laws relating to persons with disabilities. Some of the highlights of this analysis reveal the following de jure discrimination: The National Code 1963 (Muluki Ain, 2020) Chapter on Marriage, Section 4 and 5 states that in instances where physical disabilities, seeing disabilities, hearing disabilities, speaking disabilities, mental disabilities are not disclosed at the time of marriage such marriages can be voidable on the aforementioned grounds by the opposite party with the imposition of Rs. 500 as penalty on the person accused of causing fraud. These provisions apply for men and women. Section 9 of the Chapter, entitles a man to enter into a second marriage if his wife has been rendered blind, physically or mentally disabled.

Discriminates against persons with disabilities (especially women with disabilities) and is unequal in its application.

This provision violates the CRPD, CEDAW and the equal protection clause of the Constitution. FWLD has already challenged this provision in court.

Several of the case studies presented at the conference referred to the challenges women with disabilities face in accessing pregnancy and maternal care.

FWLD will ask directives from the Supreme Court to affirm the sexual health and reproductive rights of women with disabilities.

Evidence Act 2031 Section 38 of the Act disqualifies children, aged persons as well as physically or mentally disabled persons from serving as witnesses in court.

The Working Group, advised by FWLD, will continue the work on legal analysis. This will be an important prelude to the reform of the legal system in compliance with the CRPD.

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Constitutional Process The Working Group will advocate for language on disability rights in the Preamble, the Guiding Principles of State Policy and the Bill of Rights. The recommendations included in the Platform of Action will guide this process.

Human Rights Litigation Meera Dhungana, a senior attorney, will file a case on behalf of FWLD before the Supreme Court. The research on the access to reproductive health of women with disabilities is ongoing.

Aims and Goals of the Conference and Working Group: •

Inclusion of the disability rights communities in the broad human rights agenda

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Ratification of the CRPD in Nepal.

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Constitution making process: ensure the equal rights of persons with disabilities in the Directive Principles of State Policy and Bill of Rights.

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Revision of the current disability law as well as include a disability rights perspective into other areas of law making.

The Need for a Gender Perspective in Disability Rights Formulation in Nepal •

Address cultural taboos and superstitions against women with disabilities in Nepal. Discrimination against women with disabilities must be viewed in the context of gender discrimination in Nepal. A woman with disabilities is not considered a suitable wife. In a social set up as in Nepal women start out with a strike against them. A woman with disabilities is subjected double, triple, multiple discrimination.

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Women with disabilities are left out of disability organizations.

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Disseminate knowledge of the CRPD in the grassroots and highlight the intersections of the rights of women and disability rights. Raise awareness of the CRPD, especially Articles 6, 7, and 18.

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Address the rights of girls with disabilities.

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Multiple discrimination is especially relevant in Nepal—discrimination upon discrimination is heaped upon persons with disabilities. There is a perception that women and men are born with a disability due to their past deeds.

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Rights of persons with disabilities should be included in the fundamental rights chapter of the Constitution and not jut the Preamble.

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Right to education, employment, and health addressed in the CRPD. These rights are addressed by the new Constitution—14 subcommittees in the Parliament.

There is a subcommittee on marginalized members. There is a call for subcommittee on persons with disabilities.

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Abuse and violence against women with disabilities must be addressed.

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FWLD must expand legal aid to women and girls with disabilities. Perhaps create a legal aid cell for women with disabilities.

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A gender perspective is important especially in cases of mental health issues concerning pregnant women, women and reproductive health, depression post pregnancy, etc.

•

FWLD together with the Working Group must provide appropriate language for the Constituent Assembly on mental health disabilities.

Women-specific needs: •

Disability is still a ground of divorce.

•

Access to justice for persons with disabilities is restricted.

•

Family planning side effects resulted in disabilities.

•

Reproductive health of women with disabilities.

•

Rights of women with intellectual disabilities.

•

Case dealing with sexual violence against a woman with disabilities.

•

Case dealing with women with disabilities abandoned by the family, had no property.

•

Address the rights of Bhutanese refugees.

•

Highlight the need for a gender perspective in disability legislation.

•

Rights of persons with disabilities left out in the preamble interim Constitution.

•

Need statistics on persons with disability in order to prioritize this issue and make it cornerstone of Constitutional revision.

20

•

Positive discrimination/affirmative action for persons with discrimination to be included in the Constitution.

•

Both the Optional Protocol and the Convention must be ratified soon.

•

Revision of the existing law on disability from a gender perspective.

•

Revision of other laws that impact women and children with disabilities in the light of the CRPD.

•

See disability within the framework of the ongoing inclusive democratic process in Nepal. View it within the anti-discrimination/ equality lenses.

Thematic Working Group Presentations and Platform of Action: 1) Access to Justice Working Group: Background: Often in Nepal, rights are limited to paper. Pro Publico, FWLD and Sudarshan Subedi have challenged discrimination against persons with disabilities in court. PIL must be brought before the Nepalese Supreme Court especially in reinforcing the rights of women with disabilities to reproductive health.

Meera Dhungana, one of the leading cause lawyers in Nepal, will mount a public interest challenge.

Issues that were considered: •

How can PIL be used to challenge systemic discrimination against persons with disabilities?

•

How can litigation be framed to address discrimination against women and children with disabilities?

•

What procedural provisions should be adopted to provide persons with disabilities better access to justice?

•

What are the means to provide legal aid to women and children with disabilities?

•

What strategies should be adopted to ensure implementation of judgments?

•

Second marriage on the ground of disability should be struck down immediately through PIL.

21

•

Use Article 107 of the Constitution which refers to extraordinary jurisdiction to bring a fundamental rights case.

•

Another area that should be addressed through PIL is the right to education.

Currently this is a fundamental right that is privileged in the breach.

•

Juridical activism and directive orders by the Court must be made on behalf of persons with disabilities. They don’t have the right to represent themselves in court due to inadequate resources.

•

Right to free legal aid should be guaranteed through the Constitutional making process and PIL.

•

Broaden access to justice should be broadened for those with disabilities by the provision of legal services.

•

Cases filed by persons with disabilities should get priority over other cases.

•

Equal access to employment: Help us seize opportunities. Provide judicial remedies in the case of access to employment.

•

The Constitution should address equal rights to property and access to property.

•

Integrate into PIL a special focus on women and children with disabilities. Their cases should be heard. In-camera hearings should be pushed for.

•

Lack of volunteers who can help in access to justice. The country should provide such facilitators.

•

Exploitation and violence against women and children with disabilities. They cannot access justice through the normal court processes and they need special provisions to access justice.

•

Use PIL to address laws that conflict with the constitution.

•

Use PIL to ensure services and provision of social security for persons with disabilities. FWLD has volunteered to do this.

•

Initiate DIL to address discrimination against persons with disabilities.

2) Working Group on Law and Policy: Background:

22

Several laws including the Civil Code (Mulki Ain), the relating to children, Motor Vehicles Act, Medicine Act, Contract Act, law relating to parliamentarians, rules and regulations, money order regulation, education regulation, etc. must be revised in congruence with the CRPD. Further, the lack of implementation mechanisms in the laws is the biggest obstacle to realizing the rights of persons with disabilities. This should be addressed as a matter of priority.

Sapana Mall of FWLD will be coordinating the finalization of the Domestic Violence Bill. It will be important to address the rights and special needs of women and children with disabilities who are victims of domestic violence.

This Working Group was asked too identify gaps in the laws and policies relating to persons with disabilities as well as other provisions that may be discriminatory or impact on rights of persons with disabilities. In particular, the question was asked how a gender perspective could be included in all processes of law revision relating to persons with disabilities. For example: •

The Disabled Persons Protection and Welfare Act does not address issues relevant for women and children with disabilities. How can these issues be addressed?

•

What can be an alternate language for provisions that should be amended?

•

How best can existing laws and provisions (especially affirmative action or positive discrimination) be made implementable?

•

How can emerging law reform initiatives within the country be used to address disability rights or perspectives, e.g. the domestic violence bill, etc.?

•

How can particular issues such as safe birth procedures, maternal health be articulated to address particular problems faced by women with disabilities?

•

How can reservations for persons with disabilities be implemented?

•

How can the 5 percent quota in the civil services be expanded to the banking profession?

•

How can we ensure that persons with intellectual disabilities have the same rights?

•

Translators should be made available in public spaces like hospitals and banks.

•

Laws on behalf of persons with disabilities should be binding.

•

Severe punishments must be written into the law in cases of abuse against persons with disabilities.

23

•

Benefits, social services, and safety nets must be made available for persons with disabilities who are not able to work.

•

Age limitations should be relaxed for persons with disabilities in access to sports, technical education, etc.

3) Working Group on Ratification and Implementation of the CRPD The members of the Working Group both individually and collectively have done much to advocate for the ratification of the CRPD in Nepal.

This Working Group explored strategies to ensure the ratification of CRPD as well as methods of implementing the sprit of the Convention on the Rights of Persons with Disabilities.

Issues that were considered: •

The need for advocacy with the Nepal Constituent Assembly for ratification of CRPD by the government.

•

How to use the CRPD in implementing laws and policies to advance rights of women and children in Nepal?

•

How to use the CRPD as an effective tool to address the issue of financial burden?

•

How to use the CEDAW shadow reporting process to include a definite focus on the rights of women and girl children with disabilities in keeping with the obligations under CRPD?

•

How to inform the future CRC shadow reporting process?

•

How best to inform the State party reports to CRC and CEDAW treaty bodies?

•

Provide advocacy at the different stages of ratification and create multiple steps to implementation.

•

Sensitization of CA members, Whips and Chief Whips of the Parties.

•

Reactivate the Parliamentary Committee that has been formed for the ratification.

•

Alliances should be forged with the media and members of the media should be sensitized.

24

•

Representatives of the 14 subcommittees of the CA should be sensitized.

•

Provide awareness-raising for the women’s ministry, local government ministry, and the health ministry.

•

Education and awareness-raising at the college level.

•

The consumer base from the central level to the local level must be sensitized.

•

Section 24 clause B.

•

NGOs in this area should play an active role.

•

Political parties/NGOs should be engaged and cooperate so that the ratification is smooth and translated into the grass roots levels.

•

Families with person with disabilities should be provided social and economic safety nets.

•

The population census should accurately reflect data on persons with disabilities.

•

Ensure that the disability law as well as other laws in the domestic legal system comply with the CRPD.

4) Working Group on Inclusive Constitution Making Background: None of the six previous Constitutions in Nepal have addressed the issue of persons with disabilities. It is important that the potential of this historic opportunity of Constitution making be fully realized in the case of rights of persons with disabilities.

The equality framework that is being developed for the Constitutional process must inform the new revisions to the law.

FWLD is providing technical assistance to the development of the Constitutional equality framework in Nepal.

A Constitutional guarantee of equality for all persons including persons with disabilities must ensure the right to a judicial remedy, access to justice and justiciability of rights.

Moreover, access to legal aid for indigents and persons with disabilities must be included in the Constitutional guarantees for persons with disabilities. Affirmative action for persons with disabilities must be given priority.

25

The Working Group was asked to explore the way in which the current constitutionmaking process can be strengthened to ensure disability as a prohibited ground of discrimination and to address it within the broad equality framework i.e., through affirmative action and special measures, etc.

Issue that were considered: •

How can the Constitution be made inclusive to address rights of persons with disabilities?

•

How can multiple discrimination be addressed through the Constitution?

•

How can affirmative action be achieved within the equal protection clause of the Constitution?

•

Can specific articles relating to women's rights in the Interim Constitution be tailored to address rights of women with disabilities as well?

•

The Preamble and the Fundamental Rights Chapter should include persons with disabilities.

•

Include the different types of disabilities.

•

State should recognize the Braille script and tactile sign language as a national language

•

The decisions of the Supreme Court on disability rights should be referred to and referenced while drafting the Constitution.

•

A gender perspective on disability rights should be included and multiple discrimination against women and children should be acknowledged.

•

The State should provide social security to persons with disabilities.

•

Guarantee reproductive health and rights for women with disabilities.

•

Provide technological advances in the service of persons with disabilities.

•

Enhance education on technology for persons with disabilities.

•

Directive Principles of the Constitution are not justiciable. Therefore, rights for persons with disabilities must be raised to the Fundamental Rights Chapter.

•

Need for interpreters, quotas, etc. in the field of education

26

•

Links between the CRC and CRPD must be strengthened.

•

Multiple discrimination against women with disabilities must be addressed through the CEDAW and CRPD.

Accountability The Speaker of the House, several Constituent Members, members of the National Human Rights Institute, and members of the National Women’s Commission were present at the conference.

In Bangladesh, the Attorney General, the official of the Ministry of Social Welfare, former CEDAW Committee members, the authors of the CRC shadow report, and the authors of the current bill participated in the conference.

Conclusion The Secretary to the Women and Children’s Ministry in Nepal affirmed that persons with disabilities are as important as all others to the development of the country and that on behalf of the government she promised to prioritize these issues.

All of the different Constituent members drawn from the different parties agreed that the programme was very timely.

They promised that the elements of the new Constitution will be: “Inclusive, child friendly, women friendly, persons with disability friendly”.

This Conference was also a major breakthrough for the work of the Constituent Assembly. In their words, “You have given us very important recommendations that will be used n the Constitutional drafting process. These recommendations will be incorporated in the Constitutional process”.

The conference in Nepal in and of itself created a paradigm change in the way different movements came together as change agents working together on common cause and cross cutting issues. At so many different levels, the Bangladesh and Nepal initiatives were catalysts for change and laid the essential groundwork for the work ahead.

27

APPENDIX

The Bangladesh Organizing Committee on the Implementation of the UN Convention on the Rights of Persons with Disabilities The Organizing Committee

Designation

Ashrafun Nahar Misty

Member Secretary

Lucky Akhter Shirin Aktar Nasrin Jahan

Communication officer Coordinator Coordinator

Joly Kaosar

Coordinator

Kohinoor Begum Abdullah Al Hasan Nazmun Zaman Bithika Hassan

Deputy Director Director Research Officer Programme Manager

Organization

Women with Disabilities Development Foundation NADPO NADPO Social Assistance and Rehabilitation for the Physically Vulnerable (SARPV) Bangladesh Pratibandhi Kollayan Samity (BPKS) BNWLA BNWLA BNWLA BNWLA

Advancing the Rights of Women and Children with Disabilities in Nepal

Working Group Sr. Name No. 1.

Indra Kumari Gurung

Organization/ Affiliation Parliament

2.

Ragav Bir Joshi

3.

Tika Dahal

Contact Details

Category

De

9741037953

Constituent Assembly Member

Indra Kumari Gurung bein herself is one of the two c members representing the Nepal. She is also the Sec Revolutionary Disability O

Parliament

9851012827 (SMS only)

Constituent Assembly Member

Raghav Bir Joshi is the se member representing the persons in Nepal. He belo Deaf and Hard of Hearing

Nepal Disabled

2073743

Women with

Established in 1997, NDW

28

Woman Association

Disability

disabilities. It’s geographi districts: Kavre, Kailali, R Jhapa, Illam, Nawalparasi

Main activities of NDWA providing shelter for 25 supported by Government women with disabilities th training programmes (on g farming, vegetable farmin programmes.

4.

Birendra Pokhrel

National Federation Of Disabled-Nepal

9851043399

General Disability Federation

NFDN is an umbrella org organizations/ association with disabilities in Nepal. pursuant to the disability m momentum in Nepal and t the Disabled Protection an

Currently the Federation h districts and networks at t NFDN collaborates with t DANIDA, Action AID Ne

The core function of NFD implementation of the prin envisaged by the Universa Rights, Convention on the Disabilities (CRPD) and o nationally recognized and that protect and promote t

It achieves its aim and obj and advocacy, capacity bu participation, research & sharing and study visits), training for disable people sensitization programmes

NFDN had mobilized the months in Nepal to form a lobbying for the ratificatio government.

5.

Mahesh Ghimire/

Disability Human Rights

Phone: 977 1 44932111, 4472898

29

General Disibility

DHRC was established in is the first organization

Sudarson Subedi

Centre

Fax: 977 1 4461364 Email: dhrc@wlink.com.np Website: www.dhrcnepal.org.np PO Box 19408, Battisputali, Rammandir Marga House no 527/16 Kathmandu Nepal

Organisation

rights of persons with disa

The organization is heade a lawyer by profession members with disabilitie The organization has a m who provide services fr Kanchanpur, Dadeldhura Tanahu, Dolakha.

The organization works w advocates with the ministr Welfare. It also hosts radi advocacy on rights of disa above-mentioned DHRC p of literature as advocacy m translated the CRPD in N workers, Handbook for pa conducted a survey of per collaboration with the Eur has been instrumental in f education for persons with Court.

6.

Roberts Sila Muthini

UNDP

9803022576

International Organisation

Sila is a Social Inclusion particularly on the proje Constitution Building in UNDP had organized a disabled person and it’s making process. The Se Birendra Pokhrel of NFDN

UNDP is currently consid action on disability rights the seminar.

7.

Renu Lohani

Disabled 9851055557 People’s Organisation Denmark(DPOD)

International Organisation

DPOD has supported th several years in Ne collaborations between D in Denmark and thei disabled. In October 20 new five year country stra guide its involvement in N

DPOD member organisati follows: The Danish Assoc 30

Blindness, The Associatio and Danish Association Fo

Counterpart organisation Welfare Society for the H Nepal Stutterers’ Associat Federation of Disabled in Association for Mentally R and Nepal Laryngectomee

8.

Prakash Mani Sharma

Pro-Public

4268681 \9851072226 Legal Intervener on Disability

PRO PUBLIC, a non-prof organization dedicated to It was founded in 1991 by environmental lawyers, jo engineers, consumers and

Its focus over the years ha protection of natural and c environmental justice, pol justice and consumer prot

Prakash Mani Sharma is t Pro-Public and the Progra PIL section. Pro-public ha initiating 3 PILs relating t These cases invoked mand

Mentally ill Public access for p Creation of faciliti education (post int deaf and hard of h

They also provided legal s

by Babu Krishna Maharja and Sudarshan Subedi (Pr to implementation of Disa Protection Act 2039 B.S. provisions on right to free disabilities respectively.

9.

Krishna Prasad Bhattarai

9851034295

31

Representative from medical fraternity

HRDC is a program organization, the Friends only tertiary level hospit Banepa which provides

rehabilitation for childre services are aimed at challenged children in Ne

HRDC, on its own has be treatment and rehabilitatio physically challenged chil December 2004) of Nepal Janagal (near Banepa, a to valley next to Kathmandu program which reaches ou home surroundings. Of th challenged children have rehab intervention. This s are currently under the reh

Krishna Prasad Bhattarai, himself, is the Executive D serves as the Regional Co (South Asia).

10.

Narayan Sundhar Shrestha

Association Of Welfare Of Mental Retardation

9851050251

Intellectual Disability

11.

Neera Adhikari

Nepal Association Of the Blind

9841413607

Blind

12.

Kiran Shilpkar

National Association of the Physical Disabled Nepal

9841394453

Physical Disability

32

AWMR was established parents of children with initiator of AWMR w Srivastav.

AWMR’s geographical namely: Sunsari, Dhanus Lalitpur, Kavre, Nuwako Kaski, Syangja, Bagl Arghakhanchi, Nepalgung Every district has 5 mem elected as an executive m established schools for me support from the governm conducts awareness pro family members of person NAB works for the rehabi conducts awareness progr

Established in 1997,NAPD comprehensive developm Nepal through mobilizing opportunities in optimum constructive and effective based, equal participation the country.

The objectives are as follo to identify the real different means, to develop approp proper opportunity to raise social awa attitudes towards c potentialities of PW to strengthen partn to share opportuni disability issues, to advocate the UN of PWPDS to the c to develop life sus organisational dev

NAPD has in the past coon the implementation of rights of persons with disa same with support from E also joined the campaign violence and have attempt and undertake research in violence and its particular disabilities.

13.

14.

Ramesh Shrestha

National Federation of Deaf and Hard of Hearing Sanjay Kumar Nepal Stutter’s Jha Association

9841290233 (SMS)

Deaf and Hard of Hearing

9841403036

Stutters

Established in 2003, identification of the stu provided assistance in continue to be their m establishment stutters and along with the 4 exis physically disabled, and m recognized under the defi in the Nepal Gazette definition was influenced

The Association consist geographical reach in 1 Morang, Udayapur, Sira Parsa, Nawalparasi, Rupe Syangja, Kathmandu. O

33

number of members are w

Networking and activiti through self help groups Pilot Projects were star districts of Udaipur, Sapta Parsa, Sarlahi and Kath activities achieved by advocacy, awareness performances and school 15.

Basanti Shrestha

Legal Aid and Consultancy Centre (LACC)

9841344629 /

Women’s Organisation

5543111

LACC is an independent n non-governmental legal re organisation. It was establ lawyers for the protection and interests of women an

Prof. (Dr.) Shanta Thapali of Legal Aid and Consulta

LACC has been working of discrimination, abuses, and violence against wom legal and judicial process. through two specialized p Rights Helpline Project an Center.

LACC has expressed an in ambit to consider inter-se enshrined within CRPD a

Basanti Shrestha is a Lega shall be representing the o Group.

16.

Rajeshwor Nirula

Bal Mandir (Nepal Children’s Organisation)

4411202/ 4410844/ 9851055585

34

Children’s Organisation

Nepal Children’s Organis 1964 by the Queen Mothe Shah, as an autonomous n organization working for children. It was essentially providing residential care initially funded by the mo establishment of democra government was withdraw with funding from elite bu

At present NCO has branc Nepal and 4000 voluntary educational sponsorships, community children. In to education to 10,000 childr 78 children’s schools (Bal children’s shelter homes a children are being cared f children were discovered of time. Therefore NCO h programmes for disabled homes for such children.

Due to the current politica reduced substantially. The gaining funding from ING profile of its organization establishment.

As a result NCO has had t who are identified to be d continues to harbour 31 p in as orphans by the organ to be disabled. While mos have grown to be legally r number of these children disabilities. However due facilities NCO has not bee programmes for integratio independent individuals.

Rajeshwor Niraula as the organization is keen on jo towards adopting a rights children and in particular the larger associations of p 17.

Srijana K.C.

Equal Access

9803277674 skc@equalaccess.org

Journalist

Srijana’s introduction to F seeking legal assistance in negligence causing partial prescribed drugs normally seeking assistance in a cas medical professional.

Srijana is a journalist by p

35

working with Equal Acce addressing a broad range as basic education, teache empowerment, human rig health education, governa landmine awareness in Ne PPDR and Cambodia.

The Equal Access Mission for millions of underserve world by providing critica education through: • Locally produced and ta • The use of appropriate a technology; and • Effective partnerships an

In Nepal, Equal Access br social development progra language satellite radio se (Aphnai Mato, Aphnai Ba million people via 30 loca Nepal, as well as over 180 which are in isolated, rura

Srijana shall be officially at the Working Group Me 18.

Nara Bahadur Limbu

Nepal Association of the Blind

19.

Ramesh Naulakha

Parent’s Association for Metal Retardation

20.

FWLD

Forum for Women Law and Development

Existing Task Force on ratification of CRPD/ Blind Existing Task Force on ratification of CRPD/ Intellectual Disability Legal Interveners

Conference on

36

“Implementation of UN Convention on the Rights of Persons with Disabilities” LGED Auditorium 21-22 January, 2009 Participants list: SL

NAME

1

Shirin Akhter

2

Priti Ahona

3

Lucky Akhtar

4

Joly Kaosar

5

Nasrin Akhter Jahan

6

ORGANIZATION

DISTRICT

National Alliance of Disabled Peoples Organizations (NADPO) Bangladesh Protibondhi Kalyan Samity (BPKS)

Dhaka

National Alliance of Disabled Peoples Organizations (NADPO) Social Assistance for the Rehabilitation of the Physically Vulnerable (SARPV) SARPV

Dhaka

Rahila Akhtar

Bangladesh Trinomul Cormoshuchi Bhaban (BTCB)

Dhaka

7

Nupur Akhtar

BTCB

Dhaka

8

Mamatajuddin Milon

Disabled People’s Organization of Chandpur

Chandpur

9

Shamean Kaosar

Dhaka

10

Ishaque Mia

National Alliance of Disabled Peoples Organizations (NADPO) Bangladesh Protibondhi Kalyan Samity (BPKS)

11

Iftarkhar Hossain

Save the Children Sweden Denmark

Dhaka

12

Sumon Saha

DO

Dhaka

13

Probin Chakraborti

Protibondhi Shilpa Sanskritic Sangstha

Dhaka

37

Dhaka

Dhaka

Dhaka

Dhaka

14

Md. Rezaul Islam

Dept. of Women and Gender Studies

Dhaka

15

Mahbuba Zannat

The Daily Star, Newspaper

Dhaka

16

S. Haydar Ali

National Alliance of Disabled Peoples Organizations

Dhaka

17

Kamruzzaman Sohel

Jatio Protibondhi Unnayan Samity, Dhaka Cantonment

Dhaka

18

Shawkat Hossain

do

Dhaka

19

Md Azmal Hossain

Bangladesh Mahila Parishad

Dhaka

20

Kamrun Nahar

21

Taskina Huq

Human Development and Research Organization (HDRO) Media Consultant of ORBIS

22

Shakhawat

Association for Rural Society

Dhaka

23

Irin Murnee

Caritas, PO, Malibagh

Dhaka

24

Jesmin Sultana

Bangladesh Supreme Court

Dhaka

25

Kazi Fahima Nuri

Student, Dhaka University

Dhaka

26

Nasima Akhtar

Badrunnesa Govt. School & College

Dhaka

27

Suoarna Roy Talukder

do

Dhaka

28

Shapla Jesmin

Titumir College

Dhaka

29

Suriya Akhtar

do

Dhaka

30

Jannatul Nayeem

do

Dhaka

38

Chandpur Dhaka

31

Parul Begum

Shamsun nahar Hall, Dhaka University

Dhaka

32

Shara Sarkar

do

Dhaka

33

Dr. M. Anisuzzaman

Centre for Disability Development (CDD)

Dhaka

34

Syed Salauddin

Jatiya Trinodal Pritibondi Sangstha

Dhaka

35

Mahmuda Khatun

Dhaka

36

Khalifa Shamsunnahar

37

Abdul Bached

Bangladesh National Woman Lawyers’ Association (BNWLA) Bangladesh National Woman Lawyers’ Association (BNWLA) Executive Director Shokhipur Protibondhi Kalyan Samity

38

Md. Rafiq

Shokhipur Protibondhi Kalyan Samity

Tangail

Tangail

39

Rafiqul Islam

40

Abul Kalam Azad D0

Satkhira

41

Ayub Nobi Mullah

Chief Executive Save the Planet and Disability (SPD)

Meherpur

Md. Mamun

Save the Planet and Disability (SPD)

Meherpur

Bandarban Disable Peoples’ Organization To Development

Bandarban

42

43 44

Mongri Chak Shaising Anng

Protibondhi Punorbason Kalyan Samity

Dhaka

Satkhira

do

Bandarban 45 46

Md. Atiqur Rahman

Tangal Protibondi Unnayan Sangstha

Shamsul Kabir Chowdhury

Jatiya Trinodal Pritibondi Sangstha

39

Tangail Dhaka

47

Zakir Hossain

do

Dhaka

48

Md. Shamsul Alam

Association for Rural Society, Muhammadpur

Dhaka

49

Shamsun Nahar

do

Dhaka

50

Maksuda Parvin

Norshingdi Disabled People Organization to Development

Norshingdi

51

52

Mahmuda Begum

Lavly Sultana

Executive Director Norshingdi Disabled People Organization to Development(NDPOD)

Norshingdi

do

Norshingdi 53

Fatema Begum

do

Norshingdi 54

Murshida Yasmin

Bangladesh Protibondhi Kalyan Samity (BPKS)

55

Khademulla Chowdhury

Protibondhi Unnayan Kormoshuchi

Dipankar Chowdhury

Research and Education of the Visually Impaired People (REVIP) Protibondhi Shilpa Sankskritik Samaj Kollayan

56

57

Uma Rani

Dhaka

Chittagong Chittagong Rayer Bazar

58

Shahnaz Parvin

NADPO

Dhaka

59

Md. Tahazzat Ali

Disabled peoples organization of Bogra

Bogra

60

Ahmed Latif

Pratibondhi Kallayan Samity

Tangail 61

Md. Shafiul Islam Pratibondhi Kallayan Samity

Jessore 62

Md. Idris Ali

do

Jessore

40

63 64

Md. Arob Ali Zarina Khatun

Disabled People’s Organization of Magura

Magura

do

Magura 65

Disabled People’s Organization of Natore

Natore

Md. Al Amin Milon

Khulna Protibondi Shangstha(KPS)

Khulna

67

Nadimul Haque Mandal

Handicap International

Dhaka

68

Lucky Roy

Dristy Protibondhi Unnayan Parishad

Rayer Bazar

66

Bimal Kumar

69

Nazrul Islam

Bangladesh Andho Protibondhi Samity

Dhaka

70

Lalimun Thang

Bandarban Disable Peoples’ Organization To Development

Bandarban

71

Md. Abu Nayeem

Student, Dhaka University

Dhaka

72

Md. Zahidul Islam

do

Dhaka

73

Advocate Mansura Chowdhury Gita Rani

Vice-President, Centre for Women & Development

Dhaka

74

Protibondhi Shilpa Sankskritik Samaj Kollayan

Rayer Bazar

75

Selina Ahmed

Project Co-ordinator, Save the Children Sweden-Denmark

Dhaka

76

Amirul Haque

Acid Survivors Foundation, Banani

Dhaka

77

Sumaiya Islam

Titumir College

Dhaka

78

Ferdows Wahid

Bangladesh Society for Disability

Dhaka

79

Md. Habibur Rahman

do

Dhaka

41

80

S.M Hafizur Rahman

Bangladesh Television (BTV)

Dhaka

81

Zahidul Alam

CDDS

Dhaka

82

Irin Hassan

Bangladesh Blind Mission

Dhaka

83

Biplab Kumar Sarkar

Faridpur Disable Peoples’ Organization To Development

Faridpur

84

Tamanna Momin Khan

ABC Radio Reporter

Dhaka

85

Sheikh Arif Bulbul

Reporter, The New Nation

Dhaka

86

Fatema Rashid

Canadian International Development Agency

Dhaka

87

S.M. Selim Reza

Heed International

Dhaka

88

Rafeza Begum

Dhaka

89

Jahirul Islam

Bangladesh National Woman Lawyers’ Association (BNWLA) Women and Children Rights Organization

90

Abdul Mannan

Lakshmipur

Andho kollayan Samity

Hobiganj 91

Md. Swapan

NADPO

Dhaka

92

Kashinath Bishwas

Manager, Communica,

Dhaka

93

Umme Salma

BNWLA

Dhaka

94

Hasan Ahmed

Center for Services and Information on Disability (CSID)

Dhaka

95

Naba Kumar

Bangladesh Protibondhi Kallayan Samity (BPKS)

Dhaka

96

Lovely Khatun

do

Dhaka

42

97

Roxana Sharif

do

Dhaka

98

Md. Faysal Rahman

Protibondhi Unnayan Sangstha

Kushtia

99

Abdus Sattar

do

Kushtia

100

Advocate Shaheen Mamtaz

Bangladesh Supreme Court

Dhaka

101

Advocate Nigar Ferdous

Bangladesh Supreme Court

Dhaka

102. Nazma Siddiqui

Professor, Dept. of Women and Gender Studies, DU

Dhaka

103. A.S. Mahmud

Coordinator, BSAF

Dhaka

104. Md. Dabir Uddin

Disabled Peoples’ Welfare Society (DPWS), Manikganj

Manikganj

105. Fazor Ali

DPWS, Manikganj

Manikganj 106. Humayun Kabir

Producer, Bangladesh Radio

Dhaka

107. Mashrek

Boishakhi TV

Dhaka

108. Nurshad Yesmin

Dhaka University Student

Dhaka

109. Alamin Hauladar

Dhaka College Student

Dhaka

110. Aktanin Khair Tanin

BDPC

Dhaka

111. Amran Hossain

The Daily Star Stuff Photographer

Dhaka

112. Sonia Parvin

Advocate Dhaka Judge Court

Dhaka

113. Md. Shahidullah

Monoherganj Upazila Disable Organization, ED

Monoherganj

114. Muktirani Kormokar

Dristi Protibondhi Unnayon Parishad City Corporation

43

Dhaka

115. Md. Abdus Sabur

Ddef, ED

Dhaka

116. Monsora Hossain

Prothom Alo

Dhaka

117. Seema Jahor

BNWLA

Dhaka

118. Mary Rumi Halder

BPKS

Dhaka

119. Ruhina Tasnin Anu

Shankochil

Dhaka

120. Md. Sohel Rana Khondoker

BNWLA

Dhaka

121. Porosh A. Rozario

Shankhochill

Dhaka

122. Jahan Ara Haque

Secretary, BNWLA

Dhaka

123. Hasina Rashid

BNWLA

Dhaka

124. Salma Khan

President, Women for Women

Dhaka

125. Md. Jewel

DDDS

Dhaka

126. Badrul Mamun

WSMHAR

Dhaka

127. Jorina Begum

Magura

Magura 128. R. A. Rema

Shangbad

Dhaka

129. Afroza Akhtar

Protibondhi Unnayan Shangtha Dinajpur

130. Md. Habibur Rahman

HDRO

Dhaka

131. Nawshin Nusrat Hasan

Kormojibi Nari , Program Officer

Dhaka

132. S.M. Shamsuzzoha

New Age, Reporter

Dhaka

44

Sumon 133. Mr. Masum

Reporter

Dhaka

134. M.M. Bushra

BNWLA

Dhaka

135. Khaleda Sultana

BNWLA

Dhaka

136. Fahima Nasrin

Vice President, BNWLA

Dhaka

137. Towhida Khondoker

BNWLA

Dhaka

138. Shiri Begum

BNWLA

Dhaka

139. Shirin Begum

Drishti Protibondhi Sangstha

Tangail 140. Ummay Habiba Liza

Do

141. Nory Begum

Do

Tangail Tangail

142. Mr. Johir

Disabled Peoples Organization

Noakhali 143. Md. Razaul Karim

Jamalpur D.P.O.D

144. Md Anwar Hossain

Drishti Protibondhi Unnayan Sangstha

145. Md. Sohail Molla

do

Jamalpur Barishal Barishal

146. Baidiul Alom

do

Barishal 147. Afahar Bokh

do

Barishal 148. Mollah Abdul Malek

Khulna Protibondho Shongtha

Khulna 45

149. Gazi Badshah Meya

Khulna Protibondho Shongtha

150. SS Mahmud

BPKS

Dhaka

151. Azmal Hossain

BPKS

Dhaka

152. Israt Jahan

BNWLA(lawyer)

Dhaka

153. Kamrun Naher

BNWLA(lawyer)

Dhaka

154. Mizamul Haque Bipol

Jugantar

Dhaka

155. Obaidur Rahman

Country Representative, SCSD

Dhaka

156. Chandan Coher

Steps Towards Development

Dhaka

157. Niger Sultana

DEWAR

Dhaka

158. Abdul Kader Summon

NADPO

Dhaka

159. Hasna Begum

Supreme Court Of Bangladesh

Dhaka

160. Md. Zahangir

Samaj Pariporton Kendra-P/C

Joypurhat

161. Mr. Motahar

BTV

Dhaka

162. Z.B. Keka

Channel-I

Dhaka

163. Anwar Hossain

BBCS, Badda

Dhaka

164. Ali Hasan

Bangladesh Radio

Dhaka

165. Seema Akhtar

Eden College

Dhaka

166. Rumana Haque

BNWLA, Advocate

Dhaka

Khulna

46

167. Fahmida Akhtar

BNWLA, Advocate

Dhaka

168. Nila Shams

ANANNA

Dhaka

169. Marufa Rahmany

D.U.

Dhaka

170. Mahmuda Ferdoushi

Dhaka Court

Dhaka

171. Shireen ahmed

BNWLA

Dhaka

172. Johirul islam

Didabled Peoples Organization

Lokkhipur 173. Abdul Mannan Haque

Disabled People’s Organization

Haziganj

174. Monika Siddiquee

SAMATA-DD

Dhaka

175. Md. Asadullah

BNFD

Dhaka

176. Robaul Alam

R TV

Dhaka

177. Suraya Munni

R TV Reporter

Dhaka

178. Md. Shafiullah

Social Worker, Centre for Rehabilitation of Poor

Dhaka

179. Manwer Hossain

B TV , News Presenter

Dhaka

180. Advocate Jobaida Pervin

Supreme Court of Bangladesh

Dhaka

181. Shamima Chowdhury

Dhaka bar, Advocate

Dhaka

182. Fawzia Karim Firoze

President, BNWLA

Dhaka

183. Sumayia Delwar

BNWLA

Dhaka

184. Md. Mamonor Rashid

Bangladesh Association for Small Children

Dhaka

47

185. Tahrin Rahman

University of Ottawa

Canada

186. Sumaiya Khair

Dept. of Law, Professor & Chairperson, Dhaka University

Dhaka

187. Dr, Shahnaz Huda

Professor, Dept of Law, Dhaka University

Dhaka

188. Sabbir Ahamed

Groupe Development

Kolkata, India

189. Rehnuma Sultana

Student member, BNWLA

Dhaka

190. Wahida Begum

Member, BNWLA

Dhaka

191. Salma Ali

ED, BNWLA

Dhaka

192. Adv. Kohinoor Begum

Deputy Director, BNWLA

Dhaka

193. Nazmun Zaman

BNWLA

Dhaka

194. Advocate Amirul Haque

Acid Survivors Foundation

Dhaka

195. Lutfar Rahman

Upozilla Protibondhi Kallayan Samity

Shakhipur

196. Umme Kulsum Ranjona

National Council of Disable Women

Dhaka

197. Firoza Khatun Sima

do

Dhaka

198. Hezzy Smith

Harvard Project on Disability

Dhaka

199. Farida Begum

Society for Human Rights and Education

Dhaka

200. Mahua Paul

Access Bangladesh

Savar

201

Albert Mollah

do

Savar

202

Sabrina Khan

Shanto-Marium University

Dhaka

48

203

Md. Kausar

Asiatic MCL

Dhaka

204

Anwar Kamal

Child Sight Foundation

Dhaka

205

Michael Szporluk

Program Officer, Disability Rights Fund

USA

206

Rangita deSilva deAlwis

Wellesley Centres for Women

USA

207

Hedayetullah Al Mamoon

DG, Department of Social Services

Dhaka

208

Nasreen Begum

Joint Secretary, Ministry of Dhaka Law, Justice and Parliamentary Affairs

Workshop on Advancing Rights of Women and Children with Disabilities th 25 & 26th of January 2009 Shanker Hotel, Lazimpat Participants

The participants had were drawn from the following categories: 1. Organisations of Persons with Disabilities 2. Women with Disabilities 3. Parents' organisations of children with disabilities 4. Medical Fraternity and Rehabilitation Centres 5. Children's Organisations 6. Women's Organisations 7. Human Rights Organisations 8. Legal Interveners 9. Constituent Assembly Members 10. International Organisations 11. Representatives of the Media

49

Sr. No. 1 2 3

4

5 6.

7 8 9.

10 11 12 13 14 15 16 17 18 19 20 21 22 23

Name

Organisation

Contact Details

Usha Silwal Teknath Neupani

Akhil Nepal Krantikari Apanga Sang Chintamani Poudel National Federation of Disabled –Nepal – Regional Representative Harka Bahadur National Federation of Bom Disabled -Nepal – Regional Representative (Far West) Rajani Thapa Apanga Seva Kendra Sarita Chhetri Hospital and Rehabilitation Centre for Disabled Children Netra Bahadur CBR National Network Nepal Deuga Rama Karki SOS Children's Village, Jorpati Ratna Sobha SOS Children's Village Maharjan Saraswati Aryal SOS Children's Village Uma Poudel Kathmandu Association for the Deaf Kumar Regmi Nepal Association of Deaf and Hard of Hearing Sarita Kharel Nepal Disabled Women Association Ramesh Lal National Federation of Deaf Shrestha and Hard of Hearing Laxmi Devkotta National Federation of Deaf and Hard of Hearing Shanti Nakarmi National Association of the Physical Disabled – Nepal Deepa Lamichhane National Federation of Disabled -Nepal Ishwor Raila National Federation of Disabled -Nepal Dr. Anil Shrestha Nepal Orthopeadic Hospital Anu Lohani Forum for Women Law and Development Tara Dhakal Nepal Ekakrit Netrahin Bikash Sang Jagadish Prasad Disabled Human Rights Centre Adhikari – Nepal Yedunath Adhikari National Federation of Disabled Nepal –Jhapa 50

9841466099 9841582727 9857831326

9799508157

9841756691 9841352236 9841378882 9841242532 9841760854 9841135497 9841541490 9841506740 (SMS only) 9845072525 9841290233 9841352966 01 555 5928 9848081640 9841311417 9851048373 4242683 4355873 9851074661 9842634135

24 25

Subarna Kesari Shila Thapa

26

Ram Shrestha

27

Inesh Shrestha

28

30 31

Netra Bahadur Basnet Kasi Ram Maharjan Lok Nath Dhakal Mina Pathak

32

Kamala Budathoki

33

Bhima Khatiwada

34 35

Meena Paudel Deepak Shakya

36

Kumar Thapa

37 38 39 40

Jeewan Bdr. Khadka Prakash Wagle Sundari Mishra Rama Dhakal

42

Laxmi Maharjan

43 44

Rupak Gautam Rita Mukhargi shah Sita Shiwakoti Laxmi Prasad Paudel Narayani Thapa

29

45 46 47 48 49 50

Prabhat Kiran Pradhan Mukta Srivastav Maiya Lamsal

Sunagava Down's Syndrome Association of Nepal Parent's Association For Mentally Retarded National Federation of Disabled Nepal – Regional Represenative - Central District Hospital and Rehabilitation Centre for Disabled Children Nepal Association for the Welfare of the Blind Dwarf Association Nepal Disabled Women's Association Nepal Disbaled Women's Association Nepal Disabled Women's Association (Morang) NWWD Kathmandu Association of Deaf Nepal Association for the Welfare of the Blind Nepal Stutter's Association CBR Network Dwarf Association Nepal Disabled Women's Association Nepal Disabled Women's Association Koshish Intellectual Disability Mother Association, Lalitpur

9841399903 9851092250 9841828611 9845027634

9841411032 9841438118 01 2331543 9841695808 9841827221 9842064826 9841853521 9841441454 9841475912 9841332761 9856025314 9841625968 9841300031 9841758875 9851504122 9841585094 9841546092 9841378999

Nepal Television Apangata Sarokar Nepal Television Apangata Sarokar Maryknoll Foundation Nepal

014425878/9851021609

TEWA National Federation of

9841371227/015572654 9804471085

51

9841745088

51 52

Ram Piyari Karki(helper) Rashmi Kharel

53

Padma Acharya

54

Tika Dahal

55

Renu Lohani

56 57 58 59

Srijana K.C. Krishna Prasad Bhattari Sanjay Kumar Jha Kiran Shilpakar

60

Meera Dhungana

61

Sabin Shrestha

62

Laxman Prasad Gayali Ramesh Naulakha

63 64 65 66 67 68 69 70 71 72 73 74

Disabled – Nepal – Regional Representative (Nabalparasi) National Federation of Disabled – Nepal Forum for Women Law and Development Forum for Women Law and Development Nepal Disabled Women's Association Disabled People's Organisation Denmark Equal Access Nepal Hospital and Rehabilitation Centre for Disabled Children Nepal Stutters' Association Nepal Association for Physically Disabled –Nepal Forum for Women Law and Development Forum for Women Law and Development Nepal Netrahin Sangh

Parents Association for Mentally Retarded Raghav Bir Joshi Constituent Assembly Member Birendra Raj National Federation of Pokhrel Disabled – Nepal Jagannath Nepal Mental Health Lamichhane Foundation Chiranjibi Nepal Mental Health Gauragain Foundation Maheshwor Disabled Human Rights Ghimire Centre- Nepal Shudarshan Subedi Disabled Human Rights Centre- Nepal Neera Adhikari Nepal Association of Blind Indra Maya Constituent Assembly Member Gurung Murari Kharel National Human Rights Commission Narayan Sundar Association of the Welfare of Shrestha Mentally Retarded Rajeswor Niraula National Children's Organisation 52

9841813840

014242683 9841257521

9803277674 9851034295 9841403036 9841394453 9841318201 014266415 9851098889/014721190 9851023674 9851012827(sms) 9851043399 9841483134 9851029200 9851068425 9851059360 9841413607 9741037935 9841286738 9851050251 9851055585

75

Basanti Shrestha

76

Gauri Pradhan

77

Yuvraj Dasnal

78 79

Kalpana Bajracharya Balram Mahato

80

Umesh Khatiwada

81 82 83

Dr. Shanta Thapaliya Nilambar Acharya Sanjaya Bantawa

84

Naina Kala Thapa

85 86 87 88

Ang Dawa Sherpa Jayanti Malla Rita Chettri Kaladhar Bhandari

89

Raj Ghimire

90

Som Dulal

91

Laxmi Oli

92 93 94 95

Sunita Thapa Sangita Mayur Sharmila Rana Urga Shrestha

96 97 98 99 100 101

Ramesh Pokhrel Yubaraj Katuwal Krishna Prasad Gajurel Sarita Manandhar Shiva Bisangkhe Manju Sharma

102 103

Januka Regmi Radhika Gyawali

Legal Aid and Consultancy Centre National Human Rights Commission Disabled Human Rights Organisation National Federation of Deaf and Hard of Hearing Forum for Women Law and Development National Mental Health Foundation Legal Aid and Consultancy Centre Constituent Assenbly Member General Secretary, National Federation of Disabled Nepal Chairperson, National Women's Commission Constituent Assembly Member Disabled Women's Federation DWA Anera Swabiyu Central Disable Committee Anera Swabiyu Central Disable Committee Anera Swabiyu Central Disable Committee Vimeshwor Apanga Sangh (Dolakha) Nepal Apang Mahila Sangh Shttrii Shakti Balaju Sustha Manasthiti Kalyan Sangh Nepal Netrahin Sangh Nepal Children's Organisation National Federation of Disabled – Nepal Lawyer Alliance for Social Dialogue National Federation of Disabled – Nepal Disabled Women's Federation Disabled Women's Federation

53

9841344629 9851024932 9841209952 9841528014 9803403681 9851001611 9851044725 9851089306 9851090732 9841712146 9841395294 014242891 9841404268 9841755360 9741029594 9841559001 9744027141 9841495055 9803214621 014270766 9841577746 9841625936 9841602381 9841279029 014472807

014428476 014428476

104 105

Hari Thapa Prakash Mani Sharma

NWAP Pro Public

014299915

54