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.
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