জাতীয় প্রতিবন্ধী উন্নয়ন ফাউন্ডেশন

Section – 1

The Preparation of the Report

The Preparation of the Report

States should consider the reporting process, including the process of preparation of their reports, not only as a means to ensure compliance with their international obligations, but also as an opportunity to take stock of the state of human rights protection within their jurisdiction for the purpose of more efficient policy planning and implementation of the Convention. The report preparation process thus offers an occasion for each State Party to:

(a)  Conduct a comprehensive review of the measures it has taken to harmonize national law and policy with the provisions of the relevant international human rights treaties to which it is a party;

(b)  Monitor progress made in promoting the enjoyment of the rights set forth in the treaties in the context of the promotion of human rights in general;

(c)  Identify problems and shortcomings in its approach to the implementation of the treaties;

(d)  Plan and develop appropriate policies to achieve these goals.

Furthermore, States Parties should encourage and facilitate the involvement of non-governmental organizations, including organizations of persons with disabilities in the preparation of reports. Such constructive engagement on the part of these organizations will enhance the quality of reports as well as promote the enjoyment by all of the rights protected by the Convention.

The reports should contain an explanation of the procedure used to consult with civil society and in particular with representative organizations of persons with disabilities and the measures taken to ensure that this process was fully accessible.

States Parties must recognize and respect the diversity of persons with disabilities and ensure that their report is not generalized, but specific to different types of disability.

1.         On 3rd May 2008, the Convention on the Rights of Persons with Disabilities (CRPD)

entered into force. At that time, Bangladesh as a Nation was going through a phase of

transition, with a temporary caretaker government governing the country. In December

that year, the Bangladesh Awami League led coalition won the 9th Parliamentary Elections and came into office in the first week of January 2009. In Article 10.6 of its election manifesto, this party had clearly declared its intentions  to promote the rights and fundamental freedoms of people with disabilities. It also proclaimed that the necessary legislation would be updated according to the needs of the times, i.e., in the spirit of the CRPD. Within a month of assuming power, the Government of Bangladesh constituted a committee, including representatives of people with disabilities, to amend the old Disability Welfare Act 2001 (enacted during the previous tenure of Awami League at the helm of the Government). At the same time, the National Monitoring Committee (the committee for monitoring the implementation of the CRPD in Bangladesh) was also restructured and further strengthened. Under the auspices of these two committees, the Government of Bangladesh established a third committee, to prepare for writing the report to be submitted to the Office of the High Commissioner on Human Rights (OHCHR). As with the others, this committee too included representatives of organizations working with persons with disabilities.

2.         The National Monitoring Committee has ensured that every ministry has sent in reports

on the actions they have taken so far towards implementation of the CRPD. The draft

guideline had been forwarded to all Ministries and Departments such that their reports

are comprehensive and accurate, and in line with the guidelines provided by OHCHR. The

National Foundation for Development of the Disabled People (NFDDP), which acts as the

disability hub on behalf of the Government of Bangladesh had been specifically given the

task to compile the report. This draft has been shared with different stakeholder groups,

especially people with disabilities and their organizations. It has also been made available

on the website of the Ministry of Social Welfare (the lead ministry on Disability related affairs) and comments/suggestions have been incorporated.

3.         Care has been taken to ensure that information contained in this report concerns people

with all types and grades of disabilities, and considers issues of gender, age, ethnicity and also geographical diversity.

4.         The only limitation is that, the report is in English, and this language is not widely spoken

by people with disabilities at the grassroots level, though their representatives at the

national level are fairly conversant. So care was taken during consultations to ensure all

discussions were in Bangla.

5.         Unlike most countries who attune their concerned laws prior to acceding to a human

rights treaty, Bangladesh firstly ratified the CRPD, and then has ensued the process for

attuning its laws and policies. Therefore, progress of implementation of the CRPD will not

be reflected much in this initiation report. It is expected that the subsequent reports four

years from now, and thereafter will reflect much more positive change in that direction.

Section – 2

The Common Core Document

The Common Core Document

The common core document should contain:

• general information about the reporting State, 
• the general framework for the protection and promotion of human rights, disaggregated according to sex, age, main population groups and disability, as well as
• information on non-discrimination and equality, and effective remedies, in accordance with the harmonized guidelines.

6.         Bangladesh emerged as an independent and sovereign country in 1971 following a nine

month war of liberation. It is one of the largest deltas of the world with a total area of

147,570 sq km., bordered on the west, north, and east by India, on the southeast by

Myanmar, and on the south by the Bay of Bengal. With a unique communal harmony,

Bangladesh has a population of about 150 million, making it one of the most densely

populated countries of the world. The literacy rate of Bangladeshi people is 43.1%.The

majority (about 88%) of the people are Muslim. Over 98% of the people speak in Bangla. English, however is widely spoken.

7.         The country is covered with a network of rivers and canals forming a maze of

interconnecting channels. Being an active partner, Bangladesh plays a vital role in the

international and regional forums, particularly in the UN, Commonwealth and South Asian

Association of Regional Cooperation (SAARC). From the administrative point of view,

Bangladesh is divided into 7 Divisions, 64 Districts, 6 City Corporations, 308 Municipalities, 481 Upazillas, 599 Thanas and 4498 Unions.

8.         Bangladesh has an agrarian economy, although the share of agriculture to GDP has been

decreasing over the last few years. Yet it dominates the economy accommodating major

rural labour force. From marketing point of view, Bangladesh has been following a mixed

economy that operates on free market principles. The GDP of Bangladesh is 6.51% and

per capita income is US$ 520. The principal industries of the country include readymade

garments, textiles, chemical fertilizers, pharmaceuticals, tea processing, sugar, leather

goods etc. The principal minerals include Natural gas, Coal, white clay, glass sand

etc. The standard time of the country is GMT+6 hrs.

9.         The State is governed by the National Constitution which is based on the principles of “equality, human dignity & social justice for all citizens” as declared in the “Proclamation of Independence” of Bangladesh. The Constitution mandates equality, nondiscrimination and also creates room for equitable measures to ensure that all backward sections of the population interacts with all, on an equal basis with others. This has formed the basis for all human rights instruments of the country, including its laws and policies, and also allows the State to accede to all such international human rights instruments.

10.       In recent years, the Government has constituted a national Human Rights Commission,

which is entrusted with the responsibility to act as a watchdog for establishing the rights

and fundamental freedoms of all citizens, especially those who are most vulnerable. Up

until a separate Disability Rights Commission is up and running, it is this Commission that

will ensure the rights and privileges of persons with disabilities in the country.

  Section – 3

 The Treaty-specific Document

 The Treaty-specific Document

The treaty-specific document submitted to the Committee on the Rights of Persons with Disabilities should not repeat the information included in the common core document or merely list or describe the legislation adopted by the State Party.

Rather, it should contain specific information relating to the implementation, in law and in fact, of articles 1 to 33 of the Convention, taking into account analytical information on recent developments in law and practice affecting the full realization of the rights recognized in the Convention by all persons, with all forms of disabilities within the territory or jurisdiction of the State Party.

It should also contain detailed information on substantive measures taken towards the aforementioned goals and the resulting progress achieved. Where applicable, this information should be presented in relation to policy and legislation of persons without disabilities. In all cases, it should indicate data sources.

In relation to the rights recognized in the Convention, the treaty-specific document should indicate:

(a)  Whether the State Party has adopted policies, strategies and a national legal framework for the implementation of each Convention right, identifying the resources available for that purpose and the most cost-effective ways of using such resources;

(b)  Whether the State Party has adopted comprehensive disability antidiscrimination legislation to put into effect provisions of the Convention in this regard;

(c)  Any mechanisms in place to monitor progress towards the full realization of the Convention rights, including recognition of indicators and related national benchmarks in relation to each Convention right, in addition to the information provided under appendix 3 of the harmonized guidelines and taking into account the framework and tables of illustrative indicators outlined by the Office of the United Nations High Commissioner for Human Rights (OHCHR) (HRI/MC/2008/3);

(d)  Mechanisms in place to ensure that a State Party’s obligations under the Convention are fully integrated in its actions as a member of international organizations;

(e)  The incorporation and direct applicability of each Convention right in the domestic legal order, with reference to specific examples of relevant legal cases;

(f)   The judicial and other appropriate remedies in place enabling victims to obtain redress in the case their Convention rights have been violated;

(g)  Structural or other significant obstacles arising from factors beyond the State Party’s control which impede the full realization of the Convention rights, including details of the steps being taken to overcome them;

(h)  Statistical data on the realization of each Convention right, disaggregated by sex, age, type of disability (physical, sensory, intellectual and mental), ethnic origin, urban/rural population and other relevant categories, on an annual comparative basis over the past four years;

The treaty-specific document should be delivered in accessible electronic format and in print.

1. 24.  In general, for all indicators it is essential to seek disaggregated data on the human rights situation of vulnerable and marginalized population groups vis-à-vis the rest of the population[2]. A second consideration, related to the principle of the indivisibility of human rights, makes it necessary to look at indicators in their totality across all rights and not merely in terms of sectoral frameworks anchored in the normative content of the specific human rights. This is notwithstan-ding the fact that, in the course of identifying indicators, for instance for the right to life, it may be necessary to identify indicators on the health attribute of that right within the confines of its normative content and not in the light of the normative content of the right to health. At the same time, some aspects related to the right of an individual to control one’s health and body may have to be elaborated in indicators on the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, and not in the context of the right to health, both for analytical convenience and overall manageability of the number of indicators. Ultimately, at the level of a convention or in the context of theme-based assessment of human rights (e.g. violence against women, rights in early childhood), one may need to rationalize the list of indicators in view of the need to respect the principle of indivisibility and interdependence.

1. 25.  In certain instances, as in case of the right to health, it may not be possible to have outcome indicators exclusively dependent on efforts within the framework of State obligations under the right to health. However, it may still be worthwhile to include such indicators because of their importance to the realization of that right and to facilitate priority-setting and targeting of effort. There is also the consideration that selection of all indicators has to be guided by the empirical evidence on the use of those indicators. If identified indicators do not fare well on the criteria of empirical relevance, they will not be useful as monitoring tools. An important consideration in this regard has been to put the selected indicators on a technically rigorous foundation. Accordingly, meta-data sheets highlighting key information on identified indicators, including terminology and common name of the indicator, standard international or national definition, data sources, availability, level of desegregation and information on other related and proxy indicators are being prepared. A sample set of these meta-data sheets is annexed to this report.

1. 26.  It is important to note that a generic formulation was adopted for the indicators reflected in the tables (annex I). Where applicable, an alternative or a more specific formulation that may be relevant to only certain contexts, like the developing countries or the developed countries, has been indicated in the relevant meta-data sheet for the concerned indicator. Similarly, a general terminology of “target group” was adopted to refer to specific population groups, like women, children, ethnic or religious minorities or vulnerable and marginal segments of the population, which may require a focused attention in keeping with the country context. Finally, while putting together the illustrative tables, care was taken to highlight the role of the primary duty-holder in the implementation of the right concerned. In this context, besides indicators that reflect the scope and recourse to judicial remedy, the framework identifies indicators on potential role of non-judicial (administrative), judicial and quasi-judicial (e.g. national human rights institutions) actors in implementing human rights. Attempt was also made to identify, through suitable structural and process indicators, the role of non-governmental organizations and international cooperation in furthering the implementation of human rights.

The format of the Convention-specific document should be in accordance with paragraphs 19 to 23 of the harmonized reporting guidelines.

The initial report should not exceed 60 pages, and subsequent Convention-specific documents should be limited to 40 pages. Paragraphs should be numbered sequentially.

The Initial Report

The initial Convention-specific document, together with the common core document, constitutes the State Party’s initial report and is the State Party’s first opportunity to present to the Committee the extent to which its laws and practices comply with the Convention.

A State Party should deal specifically with every article of the Convention; in
addition to information contained in the common core document, a detailed analysis of the
impact of legal norms on persons with disabilities’ factual situation and the practical
availability, implementation and effect of remedies for violations of provisions of the
Convention paying special attention to particularly vulnerable population groups such as
women and children should be provided and explained in the Convention-specific
document.

The initial Convention-specific document should, to the extent that such information is not already contained in the common core document, outline any distinctions, exclusions or restrictions made on the basis of disability, even of a temporary nature, imposed by law, practice or tradition, or in any other manner on the persons with disabilities’ enjoyment of each provision of the Convention.

The initial Convention-specific document should contain sufficient quotations from, or summaries of the relevant constitutional, legislative, judicial and other texts which guarantee and provide remedies in relation to the rights and provisions of the Convention, in particular when those are not attached to the report or are not available in one of the working languages of the United Nations.

Annexes to reports

If needed, the report should be delivered in electronic format and in print accompanied by a sufficient number of copies, in one of the working languages of the United Nations, of the principal legislative, judicial, administrative and other supplementary documentation that the reporting States may wish to have distributed to all members of the Committee to facilitate the consideration of their report. These texts may be submitted in accordance with paragraph 20 of the harmonized guidelines on reporting.

Measures to implement outcomes of United Nations conferences, summits and reviews

The Convention-specific document should also include information on the implementation of the disability elements of the Millennium Development Goals and on the outcomes of other relevant United Nations conferences, summits and reviews.

General recommendations

General recommendations adopted by the Committee should be taken into account in preparing the Convention-specific document.

ILO Conventions

If a State Party is a participant to any of the International Labor Organization (ILO) Conventions listed in appendix 2 (listed below) of the harmonized guidelines, or to any other relevant conventions of United Nations specialized agencies, and has already submitted reports to the supervisory committee(s) concerned that are relevant to any of the rights recognized in the Convention, it should append the respective parts of those reports rather than repeat the information in the treaty-specific document. However, all matters which arise under the Convention and are not fully covered in those reports should be dealt with in the present treaty-specific document.

• Weekly Rest (Industry) Convention, 1921 (No. 14)
• Forced or Compulsory Labor Convention, 1930 (No. 29)
• Labor Inspection Convention, 1947 (No. 81)
• Migration for Employment Recommendation, 1949 (No. 86)
• Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)
• Migration for Employment Convention, 1949 (No. 97)
• Right to Organize and Collective Bargaining Convention, 1949 (No. 98)
• Equal Remuneration Convention 1951 (No. 100)
• Social Security (Minimum Standards) Convention, 1952 (No. 102)
• Abolition of Forced Labor Convention, 1957 (No. 105)
• Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)
• Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
• Equality of Treatment (Social Security) Convention, 1962 (No. 118)
• Employment Policy Convention, 1964 (No. 122)
• Labor Inspection (Agriculture) Convention, 1969 (No. 129)
• Minimum Wage‑Fixing Convention, 1970 (No. 131)
• Holidays with Pay Convention (Revised), 1970 (No. 132)
• Minimum Age Convention, 1973 (No. 138)
• Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)
• Migrant Workers Recommendation, 1975 (No. 151)
• Labor Relations (Public Service) Convention, 1978 (No. 151)
• Occupational Safety and Health Convention, 1981 (No. 155)
• Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family
  Responsibilities Convention, 1981 (No. 156)
• Indigenous and Tribal Peoples in Independent Countries Convention, 1989 (No. 169)
• Worst Forms of Child Labor Convention, 1999 (No. 182)
• Maternity Protection Convention, 2000 (No. 183)

Optional Protocol

If the State Party has ratified or acceded to the Optional Protocol and the Committee has issued views entailing provision of a remedy or expressing any other concern, relating to a communication received under that Protocol, the Convention-specific document should include further information about the remedial steps taken as well as other steps taken to ensure that any circumstance giving rise to the communication does not recur. Reports also should indicate any provisions of legislation currently in force that the State party considers an obstacle to the implementation of the Optional Protocol, and whether there are plans to review such provisions.

If the State Party has ratified or acceded to the Optional Protocol and the Committee has conducted an inquiry under article 6 of the Optional Protocol, the Convention-specific document should include details of any further measures taken in response to an inquiry, and to ensure that the violations giving rise to the inquiry do not recur.

Policy & Legislation:

11.       Bangladesh is governed by a unique constitution, which is based on the principles of equality, human dignity and social justice for all its citizens, without any discrimination, whatsoever. Therefore, the Government of the Peoples' Republic of Bangladesh never steps back from voicing its support to an international treaty, which is based on the principles of human rights and non discrimination. However, being a middle income country constrained by an enormous population and frequent major natural disasters, it often cannot properly address the issues contained in such treaties at the speed it would cherish. Therefore, unlike most countries in the west, while becoming a state party to a human rights treaty, recognizing the limitations of available resources, Bangladesh generally follows the following order.

12.       At first Bangladesh accedes to an international treaty and then takes gradual steps

towards its effective implementation. The second step in the process involves changing,

amending and/or updating its concerned laws in the spirit of the treaty. Once the revised

laws are enacted, the relevant policies are amended, including developing a long term

action plan. The plan would naturally highlight some issues to be addressed immediately,

some issues in the short term, some in a medium term, and some in the longer term.

National budgets are formulated allocated accordingly. Simultaneously, other laws and policies are gradually amended in the spirit of the concerned treaty, though it takes time, to ensure that the entire legislative framework of the Nation adheres to the spirit of the treaty. Provisions are generally kept in the first (treaty specific) legislation such that it can supersede other laws in the case of any conflicts. When all the other laws are attuned to the treaty, this clause generally is not required any longer.

13.       Bangladesh ratified the CRPD as the eighth country overall, hoping that the CRPD could

enter into force at an earliest possible time. But at that time, the country was being

governed by an adinterim caretaker government  un-elected temporary government, without a Parliament in place. So it refrained from amending its legislation, but initiated a process towards that end. A team was formed to legally analyze the existing legislation with the CRPD, and to suggest how the legislation needs to change. Also focal points were set up in different ministries, divisions and departments of the Government, and they were being oriented on the CRPD and the rights of persons with disabilities. Many other issues had also been addressed, which would be evident in the latter parts of this report.

14.       Immediately after the democratically elected Government took office in 2008  a high level committee had been constituted to draft the amended legislation in the spirit of the

CRPD.

15.       Having gone through a series of such consultations with over 12,000 people, including

people with disabilities, caregivers, family members, professionals in the field, lawyers,

doctors, journalists, teachers, students, businessmen, politicians, government officials,

local government representatives, members of parliament etc., the draft is nearing its

finalization process. The law looks into every right contained in the CRPD, translated into the national context and our social fabric. It is expected that the law will be enacted as soon as possible.

16.       Once enacted, this new legislation will create the legal platform for a new era in the

establishment of rights and fundamental freedom of all persons with disabilities in

Bangladesh.

Monitoring Mechanism:

17.       According to the Allocation of Business of the Government of Bangladesh, the Ministry of

Social Welfare has got the responsibility of governing all responsibilities

concerning the development of persons with disabilities. As such, under the auspices of

the Ministry a high power National Monitoring Committee has been

constituted, comprising of representatives from other ministries and representatives of

organizations of people with disabilities.

18.       The representatives of the different ministries are the 46 focal points from as many

ministries and departments (not below the rank of a Joint Secretary). Other members of

the Committee include representatives from leading human rights, women’s rights,

education rights & legal rights organizations. Chief functionaries of Transparency

International and the Chamber of Commerce & Industries are also included in the

Monitoring Committee.

19.       The committee convenes on a bi-monthly basis to review and discuss on the progress of

work by the different ministries towards the implementation of the CRPD.

20.       Beyond this Committee, on behalf of the vibrant civil society in Bangladesh, there is a

notable Disability Rights Watch Group, consisting of eminent members of the civil society. This vigilant group also plays a very proactive role to watch any occurrences of human rights violations of persons with disabilities, and act accordingly.

Incorporation and direct applicability of each Convention right:

21.       As has been mentioned earlier, a new legislation is being finalized, which has addressed

every single right contained in the CRPD, translated into the context and social fabric of

Bangladesh. It is too early for Bangladesh to report on its implications in this initial report. Updates on the progress will be an integral part of the subsequent periodic reports four years from now and in every report thereafter.

Statistical Data:

22.       At present, there is no official statistics in Bangladesh on persons with disabilities. The upcoming populationl census scheduled in the early part of 2011 is planned to address the issue in a detailed manner. This census will give the Government of Bangladesh a detailed statistics on persons with disabilities, disaggregated by type ofdisability, age, gender, ethnic origin and urban/rural strata. It will also give an opportunity to address further statistics on their progress towards accessing rights issues. These statistical figures shall be addressed in the periodic reports four years from now, and the subsequent reports thereafter.

The Optional Protocol:

23.       Bangladesh is the 16th UN Member State to ratify the Optional Protocol of the CRPD.

In doing so, it has also duly recognized the competence of the Committee on the Rights

of Persons with Disabilities to receive and consider communications from or on behalf of

persons with disabilities in Bangladesh.

Segment of the treaty-specific document submitted to the Committee relating to general provisions of the Convention

Articles 1 to 4 of the Convention

These articles establish the purpose, definitions, general principles and obligations of the Convention.

States Parties should report on:

• The definition of disability used to collect the data being analyzed, which impairments have been included, and the conceptualization of “long- term”
• The ways and means by which the domestic law defines and understands the concepts provided in articles 1 and 2 of the Convention, and in particular any laws, regulations, social customs or practices that discriminate on the ground of disability
• The ways and means by which the State Party defines and understands the concept of “reasonable accommodation”, and the requirement of “disproportionate and undue burden”, providing examples
• In what manner the general principles and obligations established under articles 3 and 4 of the Convention have been implemented, and how it intends to ensure their effective realization, in particular the principle of promotion of the full realization of the rights under the Convention without discrimination based on disability as provided under article 4 and provide examples
• Disaggregated and comparative statistical data on the effectiveness of specific anti-
  discrimination measures and the progress achieved towards ensuring equal realization of each of the Convention rights by persons with disabilities including a gender and age-based perspective
• Which Convention rights the State Party has endeavored to implement progressively and which it has committed to implement immediately. Describe the impact of the latter measures
• The degree of involvement of persons with disabilities including women, boys and girls with disabilities in the development, implementation and evaluation of legislation and policies to introduce the Convention. It should also be indicated the diversity of persons with disabilities who have been involved in these processes with a gender, and age based perspective
• Whether the State has measures that provide higher levels of protection of the rights of persons with disabilities than those included in the Convention, in line with paragraph 4 of article 4
• How it has been ensured that the provisions of the Convention extend to all parts of the States, without any limitation or exception, in the case of federal or very decentralized States.

24.       Even though the previous disability specific legislation (the Disability Welfare Act) was

enacted in 2001, it was drafted earlier during the mid to late 90’s, when the general

overall understanding of Disability and its classifications prevalent in the country was

more from a medical model, rather than a social model, which got reflected into the law.

Since the Government of Bangladesh has ratified the CRPD without any reservations

whatsoeve, the people are pledge bound to adhere to the content and spirit of the CRPD, which starts with a rights based social model in its defination and classification of disability. It therefore is only natural that the upcoming legislation has also defined disability from the same perspective. Impairments have also been classified as physical, sensory (visual and hearing & speech), intellectual, and mental (psychosocial). The legislation specifically addresses impairments in communications, so that people with Autism & Autism Spectrum Disorders, or with various other non-verbal forms of communications can be addressed effectively.

25.       By the term “long term” the legislation identifies the condition of people whose

impairments are permanent or life long. It not necessary means only those who are

born with such impairments, as a person could suffer an accident during any time of their life, resulting in a permanent physical impairment. Moreover, there are many conditions of mental illnesses, which have phases of remission maintained by medication. But since these require such medication for life, even though such people often go through remission phases, they too are identified as long term conditions, and thus would benefit from the provisions of the law.

26.       For a country like Bangladesh, complete compliance with certain articles (such as Article 9 – Accessibility), especially where retrofitting of buildings and infrastructure involves

enormous resources, would be a long term agenda. However, to ensure access to

education, employment, or other basic services, the Government is planning for

provisions of person-specific “reasonable accommodation” in the short term, under the

provisions of the CRPD. The experience could be similar to the learning gathered from

setting up crèches for the children of lactating mothers returning from maternity leave. In the earlier days, a small space would be allocated to a mother for her child, but later on, large crèches were developed in many offices within their compounds, where many

others could leave their children in professional care, allowing them to give better

tension-free concentration at work.

27.       The general principles and obligations of the CRPD are similar to the general and

fundamental principles and directives of the National Constitution of Bangladesh. As such

all laws, policies and plans enacted and/or adopted in the country are automatically

attuned to these principles & obligations. The upcoming legislation is specifically attuned

to the CRPD, and so will be addressing these obligatory issues effectively. A detailed

reporting on such obligations will be made in the periodic report four years from now,

and henceforth.

28.       All plans, programs, policies and legal frameworks concerning persons with disabilities are categorically participated by them in Bangladesh. For the upcoming legislation,

the Government has been working for preparing the initial draft of Bangladesh Disability Welfare Act. The draft, once finalized will also be uploaded on a website for more people to see and comment on. Necessary amendments could be incorporated thereafter, before it goes to the Parliament for enactment.

29.       As far as information is available, the over 12,000 people from all walks of life have

directly been consulted so far, and the draft has been shared with people in many

geographical and ethnically diverse groups of people with disabilities. Women and

children with disabilities have also participated in the process. Sign language users, apart

from participating in mainstream consultations, have also arranged separate consultations to discuss amongst them in details. Similarly, those with intellectual disabilities and mental illnesses, along with their parents and caregivers have participated in the process. Braille and soft copies were also made available at different stages of the draft to ensure effective participation of people with visual disabilities. This law, we believe, will be probably the most consulted legislation in the history of the country.

Segment of the report relating to specific rights

Article 5 - Equality and non-discrimination

This article recognizes that all persons are equal before the law with entitlement to equal protection and benefit of the law on equal grounds without any discrimination.

States Parties should report on:

• Whether persons with disabilities are able to use the law to protect or pursue their interests on an equal basis to others
• Effective measures taken to guarantee persons with disabilities equal and effective legal protection against all types of discrimination, including the provision of reasonable accommodation
• Policies and programs, including affirmative action measures, to achieve the de facto equality of persons with disabilities, taking into account their diversity.

30. On 26th March 1971, Bangabandhu Sheikh Mujibur Rahman, the architect and founder of the Nation, declared Bangladesh as a sovereign independent nation. On 17th April the same year, a temporary Government took oath on a unique document, known as the Proclamation of Independence, which stated that, this newly born nation was being declared to ensure for all of its citizens – equality, human dignity and social justice. After a blood bathed liberation war lasting nine months, Bangladesh finally emerged as an independent nation on 16th December 1971. The following year, the national constitution was enacted, which very categorically proclaimed all citizens were equal before law. It committed to uphold equality & non-discrimination measures for all citizens, including room for proactive equitable measures to promote the backward citizens, such that, they could be developed on an equal basis with others. Back in the early 70s, disability issues were not very widely pronounced, as a result of which the national Constitution had not mentioned disability as a specific ground for discrimination. However, by addressing the backward citizens, the Constitution created enough space, on which the National Policy on Disability (1995), the first disability specific legislation – Disability Welfare Act (2001) and the National Action Plan on Disability (2006) could address the discrimination issues on this ground.

31. Following the entry into force of the CRPD, the Government of Bangladesh has initiated a process to enact a new law in a human rights framework, under the framework of the CRPD. It is still in its draft form, but is gearing up to address equality and equity issues concerning persons with disabilities. The upcoming law will ensure & guarantee for persons with disabilities an equal and effective legal protection against all types of discrimination, including the provision of reasonable accommodation. Policies and programs, including affirmative action measures shall be formulated once the law is finalized and enacted.

32. The draft law has taken into account the diversity of persons with disabilities based on gender, age, ethnicity, religion, caste, profession, location issues in addition to the type and grade of disability.

33. Besides, the Government of Bangladesh is now trying to ensure that equity and nondiscrimination is the key principle of all new policies and programs adopted. Issues concerning people with disabilities are rather given a high priority, especially in employment in different projects and programs under different ministries.

Article 8 - Awareness-raising

This article establishes the obligation of States Parties to conduct effective awareness raising policies to promote a positive image of persons with disabilities. The report should contain information on the measures taken to raise awareness of persons with disabilities, to foster respect for their rights and dignity, their capabilities and contributions, and to combat stereotypes, and prejudices against them.

States Parties should report on:

• Public-awareness campaigns directed to general society, within the education system and actions undertaken through mainstream media
• Actions undertaken to raise awareness and inform persons with disabilities and other parts of society on the Convention and the rights it includes

34. The CRPD has been translated into Bangla, the official language of Bangladesh. Popular versions, in far simpler language with examples and explanations have also been published in the country. These are widely disseminated to ensure that the general public, especially the people with disabilities living in remote grassroots level are aware of the rights and entitlements enshrined in the CRPD. Sections from these publications are also being published in national and local Daily newspapers serially, for wider circulation.

35. The State-run Bangladesh Television (BTV) and a few private television channels have started to provide sign support in their respective news bulletins. Not only has this become beneficial to sign language users, it has also helped raise a national sensitizations towards the diversity issue of linguistic minority people, and persons with disabilities at large.

36. Cultural programs performed by people with disabilities, drama shows, drama serials, children’s drama serials etc have been prepared and broadcast on television channels on a regular basis, in addition to disability specific talk shows. A nation-wide talent hunt was aired on one private channel spread over a period of five months to identify persons with disabilities with musical talent. This also helped towards sensitization of the abilities of people with disabilities

37.  The Government of Bangladesh had also issued a postal stamp and a first day cover

concerning rights of people with disabilities on the occasion of the International Day of

Persons with Disabilities on 3rd December 2008, to help raise awareness and sensitization

on disability.

Article 9 - Accessibility

This article establishes the obligation of States Parties to take appropriate measures to enable persons with disabilities to live independently as possible and to participate fully in all aspects of life.

States Parties should report on:

• Legislative and other measures taken to ensure to persons with disabilities, access on an equal basis with others to the physical environment (including the use of signal indicators and street signs), to transportation, information and communications, (including information and communications technologies and systems) and to other facilities and services provided to the public including by private entities, both in urban and in rural areas according to article  9, paragraphs  2 (b) to (h), of the Convention
• Technical standards and guidelines for accessibility; as well as on the auditing of their fulfillment and sanctions for noncompliance; and whether resources obtained by means of money sanctions are applied to encourage accessibility actions
• The use of public procurement provisions and other measures that establish compulsory accessibility requirements
• The identification and elimination of obstacles and barriers to accessibility including from both within the public and the private sector, and national accessibility plans established with clear targets and deadlines

38. The National Building Code has been made inclusive of accessibility issues following internationally accepted accessibility guidelines. The Building Construction Code for the Capital City has included concepts of universal design. This is now being extended to the respective codes for other large cities. Sound assisted traffic signals have been installed in a few major road intersections of the capital city, and replicated in some other cities.

39. The Department of Architecture, under the auspices of the Ministry of Housing & Public

Works, enshrined with the responsibilities of designing all public constructions supported

and/or commissioned by the Government of Bangladesh, has been instructed to include

necessary provisions for ensuring accessibility of persons with disabilities in designs of all

future public constructions

39. The railway communication between the capital city and the second largest city is being upgraded incorporating universal design standards. Seats have been reserved for people with disabilities in both state-operated and privately operated public buses. Concessions in ticket prices are also offered to people with disabilities on these services, including in all routes of the state operated railways.

40. The national policy on Information Communication Technology (ICT) is also inclusive of issues concerning persons with disabilities. The Rights To Information (RTI) Act has also been enacted ensuring concerns of persons with disabilities, especially those with visual impairments.

41. Accessibility options in different buildings of the Government are also being retrofitted to

cater to and ensure easier movement of persons with disabilities.

42. All Bangladesh Missions abroad have started providing consular and other services to

people with disabilities on a priority basis. Staff members at these missions have been

oriented accord&a