National Council on Disability
Federal Advisory Committee International Watch
Minutes
July 8, 2004
12:00 noon Eastern Time

Membership and Guest Attendance
Mary Dolan
Cappie Morgan
Janet Allem
Arlene Kanter
Jerry Mindes
Janet Lord
Kathy Guernsey
Judy Chamberlain
Eric Rosenthal
Rosemary Ciotti
Susan Sygall
Judy Heumann
Don Galloway
Lex Frieden
Bruce Curtis
Victor Pineda

NCD Staff
Joan Durocher
Jeff Rosen

Update on Foreign Assistance

Ms. Durocher stated that she, Lex Frieden, Jeff Rosen and Kathy Martinez are scheduled to meet with the CEO (Paul Applegarth) of the Millennium Challenge Corporation on July 22nd. Ms. Durocher reported that 16 countries were chosen as eligible for MCA funds. MCC teams visited those countries in the last couple months to make initial contacts with government officials. As part of those trips, the MCC teams set up meetings with ngos. Those sessions got mixed reviews and Ms. Durocher has heard that disability issues did not surface in any of them. She said that the Council will bring this to Paul Applegarth=s attention, but wants to hear from the membership on whether they are hearing the same.

Mr. Mindes reported that he has heard reports from three countries, Armenia, Honduras and Nicaragua and that those reports are the same. He has not heard disability issues come up from the government side, although it may have come up in Nicaragua, but that would be it.

Mr. Mindes reported that it was the embassies in those countries and/or USAID officers who were asked to put together the meetings with the traveling MCC individuals. He stated that he does not believe that the local MCC office put out any specific instructions that would have targeted or spotlighted disability. It would have been up to the individual judgment of the individuals setting up the meetings in those countries.

Ms. Allem (USAID) interjected that the idea of the Millennium Challenge Fund is that the countries take ownership of what it is that they're doing there so it will not be USAID-directed.

Mr. Mindes clarified that he meant that the officials organizing the meetings for the MCC folks were government officials. For example, in Honduras, the Office of the President is going to be leading the charge of putting together a proposed compact to submit to the MCC. In Armenia, it is going to be the finance ministry. In each case, there will be a senior governmental entity that will be putting together its proposal on how to spend the millions of dollars that might become available to that country under MCC. Mr. Mindes continued that from his discussions with MCC staff they stated that they want this to be an organic process and that they will not signal what it wants a country to put into its proposed MCC compact.

Mr. Mindes added that it would be important to raise with Applegarth how the MCC intends to honor the language directing that disability be addressed by the MCC and that it be included in the standards. How does the MCC intend to meet the intent of the law?

Mary Dolan asked what role the State Department plays in this.

Ms. Durocher responded that the MCC is using the State Department country reports in determining whether countries are meeting the eligibility criteria for MCA funds, which as most of us know is not the best source of evidence on disability rights.

Mr. Rosenthal stated that the legislation only mentions disability in reference to how countries are selected, the legislation never requires the MCC do anything about it. He said that it is ironic that if a country, in order to receive funding, has to protect the civil and human rights including the rights of people with disabilities of its citizens in order to get the money, but once selected then has no requirement to actually work on civil, human or disability rights. Mr. Rosenthal stated that the issue needs to be framed as a mandate-that if they are going to continue to receive funding, they have to meet the disability criteria. He said this needs to be mentioned to Mr. Applegarth.

Mr. Mindes interjected that in every discussion he has had with MCC, they've stated that there are no good measuring tools, or indicators, to assess whether or not a country is meeting standards on disability. Mr. Rosenthal responded that both he, and NCD, have sent letters to the State Department addressing just that issue, and offering our help in doing a better job.

Judy Heumann added that perhaps they should look at the kind of programs that are currently being operated with US funding for good examples of how to change practices.

Ms. Allem reported that USAID is developing a strategy for "near misses." Countries that almost make the MCA and that can be looked at if we know in fact that somebody was denied MCA status because they failed to meet disability standards. USAID will be looking at how we can help this country pass over the hurdle. She added that there is an assumption that countries already in the MCA have "made it" on the criteria, including disability rights.

Update on the Third Ad hoc Committee Meeting on the International Convention

Ms. Lord reported that the third meeting of the ad hoc committee took place at the end of May and beginning of June for a period of two weeks in New York. She said that this marked the first time that an actual convention text was placed before the ad hoc committee for a first reading. The majority of the first session was spent reviewing article by article a draft convention text that came out of the working group of the ad hoc committee prepared in January, 2004.

Ms. Lord stated that the text contains a preamble and 25 articles, it is not a complete convention text. It does not contain final provisions and it only contains one very brief article on monitoring which will take up a few articles in the final convention. Ms. Lord reported that States, NGOs, and intergovernmental organizations were afforded the opportunity to submit proposed modifications on the working group text on nearly every article with the exception of articles on definitions and monitoring which were deferred for future discussions. She stated that the States= submissions were officially posted and taken into consideration whereas comments put forward by NGO=s and observers and intergovernmental organizations were not posted on the screens that were in the ad hoc committee room.

Ms. Lord stated that the outcome of the meeting was an extraordinarily encumbered text that is posted on the UN site, worldenable.net, as well as Landmine Survivors Network website as well as other NGO websites. The ad hoc committee decided to take all the suggestions, which consist of parenthetical deletions, bracketed deletions, new articles, and a mass of commentary of different governments, and no effort was made to synthesize the proposals coming forward from governments.

Ms. Lord stated that there were side briefings and a luncheon briefing moderated by Ms. Heumann sponsored by Rehabilitation International and LSN, on rehabilitation. There were also a number of side events put on by NGOs and on the last afternoon the US delegation held a briefing for ngos. The Fourth Ad hoc committee meeting is scheduled for August 23-September 3, 2004 in New York.

Ms. Guernsey reported that topics such as monitoring (nationally and internationally) were not addressed. She added that definitions is another area that needs to be revisited as well as the structure of the convention. These are topics that will be discussed at the next meeting and were purposely delayed to give States an opportunity to prepare some of those substantial topics. Ms. Guernsey stated that at the last meeting suggestions were made that a number of countries be appointed as facilitator, each of those countries would take on specific article and would be in charge of facilitating a discussion about that article at the next meeting. They do have an indication of countries that volunteered to be facilitators and they have met several times, but there has been no consensus on how they should be conducting consultations with other governments.

Ms. Guernsey reported that there has been no decision regarding ngo participation in the next meeting. A number of countries in the Asia and Africa groups have specifically indicated that they would like to see more closed session meetings at the next ad hoc committee. She stated that this has been met with strong opposition from western and other governments in Latin America who believe it is far too soon in the process to be shutting the doors and don=t understand what issues would be of such a degree of sensitivity to warrant that.

Ms. Dolan asked whether there were any statements by the US government?

Ms. Guernsey responded in the negative and added that when the US government gave their briefing with ngos, they were asked, and they clarified that their mandate is such that because the US position is one of neutrality, they don't feel they can provide assistance on substantive issues. They would be interested in providing technical assistance, which we took to mean informal sessions on the experience of the US.

Ms. Durocher said that the Council will shortly be posting an update on the convention on its website, drafted by NCD's summer intern, Kerry Lida. NCD's intern consulted with several international disability experts on it including IW's Janet Lord.

Ms. Dolan stated that there is pending legislation in the Congress calling for the United Stated to alter its position on the convention and to send a delegation of individuals representing the U.S. Government, including recognized leaders with disabilities. On the House side, the bill was passed unanimously in the International Relations Committee unanimously. It is now awaiting scheduling by the House Majority Leader. On the Senate side, it was introduced by Senator Harkin and referred to the Foreign Relations Committee where it has received no action. Ms. Dolan then asked for members thoughts on whether it would be worthwhile to try and schedule a meeting with the House Majority Leader to encourage scheduling in the House.

Mr. Rosenthal added that he submitted a presentation to the Coalition of Citizens with Disabilities (CCD) about the Convention and CCD was very responsive.

Update on the proposed State Department Federal Advisory Committee

Ms. Allem reported that the Secretary of State established that there will be an advisory committee on persons with disabilities with the purpose of advising the Administrator and Secretary of State on working with people with disabilities in US foreign affairs and foreign assistance efforts.

Ms. Allem stated that they are looking for people who have experience working in foreign policy, foreign affairs, and also those who represent the diversity of the disability community. She said that there are 11 members of the committee, 3 are ex-officio members who will be the Administrator, the Secretary of State and the Secretariat. There will be 8 members that will be appointed from the general public.

Ms. Martinez asked how the Committee came about. Ms. Allem responded that Senator Harkin and NCD both have been putting a lot of pressure on the State Department and USAID to include people with disabilities in everything they're doing. This was the State Department's reaction to what it is they can do right now, to start working with people with disabilities. USAID is included in the advisory committee and is supportive of it. But what really caused this to happen is pressure on the State Department.

Mr. Rosen thanked Ms. Allem for all of her diligence in getting the Advisory Committee going. He then stated that NCD is concerned about resources and the ability to turn recommendations into tangible outcomes. He stated that the Council will be monitoring the ability of the State Department to appropriately set up the Department to receive information and recommendations from the new Advisory Group and any actions the Department takes as a result.

Mr. Rosen stated that the Council has seen similar types of Committees start out with good intentions and then trickle out. This frustrated the individuals on the advisory committee and people outside the government who depended on the advisory committee to communicate their concerns to federal agencies.

Mr. Galloway reported that he visited Ghana and the lack of infrastructure to support independence for people with disabilities. He suggested looking at a broader concept of supporting the State Department and other donor agencies to start looking at assisting these countries in building their infrastructures, because people who are blind and people who use wheelchairs cannot get around in some overseas cities.

Mr. Pineda reported that he had visited Serbia and they were conducting reconstruction efforts and the mayor was looking to USAID for funding. A lot of the major infrastructure development included very wide curb cuts, very detailed flooring, texturized floors for those with white canes, but no mechanisms for applying for disability related funding.

Mr. Victor Pineda introduced himself to the International Watch membership as a former member of the Council=s Youth Advisory Committee. He stated that for the last several years he has been working on international disability development issues and has a Masters degree from the University of California at Berkeley, International Economic Development. Mr. Pineda reported that he is working on a project that will basically be a global disability media projects initiative, that will have outreach components, educational materials, as well as a website with streaming media, and a historic documentary for the delegates in the convention. He will basically be tracking the convention to its completion, seeing the trials, tribulations, even just the access issues at the UN. The initiative is looking for partners with other disability organizations and other experts. Mr. Pineda submitted his email address and telephone number to the members of the committee. It is (510) 549-0954 and email address is Pinedafoundation@gmail.com

The meeting adjourned at 12:58 p.m.