EastAsia Seminar CRPD Implementation & Civil Society Chosen Hong Kong Experience CHOWTak Hung CHANTsun KitChosen Power (People First Hong Kong) Tokyo February 2016 Fragrant Harbour 1,104 km2 .Hong Kong Island .Kowloon Peninsula .NewTerritories .200+ offshore Islands Population :7.24 million(2014) 95% Chinese The BorrowTime & Borrow Place .1841 - 30.6.1997: Hong Kong (HK) (156 years of British ruling) One Country, Two Systems for another 50 years .1.7. 1997 The Hong Kong SpecialAdministrative Region of the People's Republic of China (HKSAR) Chief Executive Executive Council Legislative Council 18 District Councils Common Law Practice Basic Law & Hong Kong Bill of Rights (1991) Related Essential Legislations Enduring Powers of Attorney Ordinance (Cap 501) Disability Discrimination Ordinance (1995) .Equal Opportunity Commission (1996) Mental Health Ordinance (Cap 136) (1997) .Guardianship Board (1999) Criminal Procedure Ordinance (Cap 221) HKSAR Government has NO intention to review all legislations in light of CRPD 4 Population of Persons with Disabilities* >580,000 Intellectual Disabilities 71 000 - 110 000 *SpecialReportNo 622014 Excluding Visceral Disabilities Disability Definition VariesAccording from different legislations & Services Social Welfare . Rehabilitation Services .Physical Disability .Hearing Impairment .Visual impairment .Visceral disability .Speech impairment .Autism .Mental Illness .Attention Deficit/Hyperactivity disorder .Specific learning difficulties *Based on 2005-2007 Rehabilitation Program Plan Review *Still using terms in the '90s Social Security - Disability AllowanceCriteria in the First Schedule of the Employees' Compensation Ordinance Disability Discrimination Ordination Encompasses not only disability presently exists, previously existed also may exist in the future Mental Health Ordinance Provide legal protection to persons with mental disabilities: mental handicap, mental disorder, mental incapacity Education Special Education Needs (SEN) Hong Kong Self-Help Organizations (DPOs) Development1964 1 '70s Hearing Impaired Physical Disabilities '80s Parents Organizations (mostly IDs) '90s 1992 1 1 1993 1 1994 Visceral disabilities (supported by Community Rehabilitation Network) 1995 1 1996 1 2000+ Genders/trans-genders SEN Parents' Organizations Nature of DPOs .Independent from service NGOs, society or company registered 2. Attached to NGOs and concern groups.Apart from self-help, mutual help, also provide regular social services. 4. 2001 . 2016 Government supported 55+ DPOs every 2 years (70% of visceral disabilities) Lack national forum or alliance Form Ad hoc Committees based on different concerns and issues 2002 - 2006 Representatives from DPOs attended all drafting Sessions of theAd Hoc Committee &2007 Signature as Observer Chosen Power Supporter Witnessed Final Drafting in 2006 Chair of Retina Hong Kong Witnessed Signatory of CRPD in March 2007 Post 2007 DPOs & NGOsAlliance @ Hong Kong Joint Council for Persons with Disabilities 10 DPOs with Joint Council 12 DPOs + 10 NGOs +Individual 1. January 2007 Working Group on Promotion of UNCRPD 2. November 2008 Renamed as Committee on Promoting UNCRPD 3. June 2012** (CRPD Hearing) Renamed as Committee on Monitoring & Promotion of UNCRPD 4. September 2012 Additional 10 NGOs *1965 HK Joint Council for Persons with Disabilities (HKJCPD) founded. 2016 Coordinates 120+ NGOs and Parents' Organizations Before &After Ratification Promotion of CRPD 2008 CRPD Simplified Booklet 2008 - 2011 Published 16,500 copies Promotion Talks: 24 organizations, 1,300 audience Self Advocates Training: 12 workshops 988 self-advocates, parents, professionals, district board members 2009 . 2011 Inclusive Drama Team interactive ability awareness games, personal sharing 95 Interactive shows, 3,800 audience Students, primary & secondary schools Members of Children & Youth Centres, Community Centres 2014 - 2015 Training Kit: 2,000 copies Topics include: Why CRPD, Barrier Free, Independent Living & Inclusion, Education, Health, Habilitation & Rehabilitation, Work & Employment Conduct 5 Seminars & Training Workshops Monitoring Work of Committee on Monitoring & Promotion of CRPD Period / Action Taken 2008 - 2010 / Meetings : Commissioner for Rehabilitation Chair of Equal Opportunities Commission Letters: Chair of Labour & Welfare Bureau Candidates for election of Chief Executive 2011 / Preparation of CRPD Shadow Report .3.2010 Government public consultation began. .Legislative Council consultation less then 10 persons. .Government NGOs' consultation less then 30 representatives. .Committee on Promoting CRPD consultation more than 50 persons Many NGOs and DPOs lack the rights-based perspectives, difficult to come to consensus. Voices being heard ONLY. Officials attended the meetings and views were shared. Minor improvement made. Hong Kong SAR Government is willing to put funds for public education. 2012 Preparation of Shadow Report and Hearings HK Coalition for the Rights of Persons with Disabilities February 2012 after HKU CCPL & IDA Workshop, founded Hong Kong Coalition for the Rights of Persons with Disabilities Hong Kong Human Rights Monitor as Secretariat, offered guidance, support to prepare shadow report for list of issues, on site coaching at Geneva hearings and lobbying. .Difficult to learn rights-based concepts .DPOs, Parents & Professionals focused more on additional resources for existing services .Ah Hoc Coalition has a very loose membership .Difficult to master presentation style (written & verbal) April 2012 Press Conference, limited media coverage DPOs representatives attended 7 Lobbied for the list of issues 3/5/2012 HK Coalition drafting Final Submission 18/6/2012 Attended LegCo Consultative Meeting I saw hope in the united voices from the united power of persons with disabilities. What a vivid campaign actualizing the spirit of "Nothing about Us without Us." Maria WONG It is important to voice out by us, people with intellectual differences in person at UNCRPDhearings. In the past, our voices are being ignored. It is crucial for us to show up. Other than using words, we can also express ourselves through illustrations. CHOW TAK Hung The government dares not lie but they also won't tell the entire truth. This is when we come in to tell what they are not willing to tell. K P Tsang I was able to see the meticulous division of labour & planning of policy advocacy by equalopportunity agencies in other countries. It really opened my eyes & provided me with much insights. The HKSAR and PRC government lack transparency in the issue and have no guts. WONG Ho Yin With USD5,000 We were able to mobilize a total of 28 self-advocates, parents, supporters and family members to attend the concluding observation lobbying. September 2012 8th CRPD Lobby Coalition of 28 Delegates April 2012 7th CRPD Committee Meeting of 7 delegates No / Names of DPO and Civil Society / Self - Advocate / Staff/Supporter/Family 1* Chosen Power (People First Hong Kong) 2 2 supporters April 2012 Lobby List of Issues 1 1 supporter 2 Concord Mutual-Aid Club Alliance 1 1 staff 3 1st Step Association Hong Kong 1 3 family members 4 Hong Kong Association of the Deaf 1 5 Hong Kong Federation of the Deaf /Deaf Power 1 1 sign interpreter 6 Hong Kong Joint Council for Persons with Disabilities/ Hong Kong Council of Social Service 1 1 staff 7 Hong Kong Red Cross John F. Kennedy Centre Alumni Association 3 3 supporters 8 16 Parents' Associations Forum 1 1 supporter 9* Hong Kong Human Rights Monitor 1 staff 10* Hong Kong Democratic Party 1 Legislative Councillor 1 staff *Organizations attended April 2012 Hearing The strongest feeling I had when I attended the hearing in 2012 was the "everyone counts." Cheung Hing Yee, Sophie I learn what is "human rights". I know how to advocate for my rights. There is a stronger sense of solidarity among persons with disabilities. AnitaYu On Lam When promoting the UNCRPD, HKSAR government only does it in a way that is convenient to their administration and ignore to execute the true spirit of the convention. HUI Wai Chun Dialogue with theWest 2012 4 mins Messages After I returned Hong Kong, I saw that the HKSAR government has done a lot of promotion as well as some NGOs. However, I feel that the government policy is not in line with the principles of CRPD to support persons with disabilities. Not many people have a thorough understanding of the Convention. I think other than promotion, we also need to use the Convention to establish policies to protect the rights of persons with disabilities. Willy LAW Accessibility for All in Cultural &Art Development Arts with the Disabled Association Hong Kong Funded by Hong Kong Jockey Club TrustiesTrust & SwireTrust Caption & sign language for performance Use of Easy Read brochure Touch Art in Exhibition Post 2012 CRPD Hong Kong SAR Concluding Observations 2012 CRPD Concluding Observations / Progress .General Principles & Obligations (Arts 1 . 4) .Revise definition of disability 2013 Found Study Team, need more time to study the application of ICF No concrete action to standardize the definition of disability 2. Specific Rights (Arts 5 . 30) Equality & Non-discrimination .Review Equal Opportunities Commission 2015 EOC Launched Ordinance Review Consultation recommend to widen its service scope Recommend to set up Independent Human Rights Committee Women with Disabilities (Art 6) .Include representative in Women's Commission .Prevent domestic violence Appointed lady with disabilities in Women's Commission Increase no of places & manpower of refuge centres & support centres Children with Disabilities (Art 7) .More resources to services 2016 lauched a 2-year pilot scheme to provide on-site rehabilitation services for children with special needs in 460 ordinary kindergartens or kindergarten-cum-child care centres, serving 2,900 young children Post 2012 CRPD Hong Kong SAR COs (cont) 2012 CRPD Concluding Observations / Progress Accessibility (Art 9) .Review 'Design Manual . Barrier-Free Access' .Apply the standards to premises of government or housing authority .Strengthen monitoring process of accessibility .No improvement .Information accessibility is still lacking Right to life (Art 10) .Provide necessary psychological treatment based on free & informed consent to persons with intellectual or psychosocial disabilities of suicide risk .Regular assessment of suicide risk Developed peer workers for persons with psychosocial disabilities Freedom from Exploitation, Violence, and Abuse (Art 16) .Provide sex education to children & youth .Continue investigate women & girls with intellectual disabilities being subjected to sexual violence .Raise sheltered workshop training allowance Students and residents were abused & tortured by teacher & caring staff. Disclosed nu media. Reported to CAT but having no recommendation from Committee Daily training allowance raised Post CRPD Hong Kong SAR Concluding Observations 2012 CRPD Concluding Observations / Progress Right to Live Independently and Live in the Community (Art 19) .More resources to more subvented residential homes .Strengthen policies of accessible living facilities .Ensure District Support Centres have necessary funds & premises .Because shortage of land, and demands from parents and professional, from 300 residents in the 60s, built more high-rise residential complexes up to 1,150 capacities in 2017 .Only limited to persons with severe physically support needs .Each centre has ONE case manager Freedom of Expression and Opinion, and Access to Information (Art 21) .Increase training for and services provided by sign-language interpreters .Should recognize public examination & assessment of interpreters .Set up Concern Group and funding for promotion of sign language .Launch professional training of sign-language interpreters. .Certified list of interpreters. NO Easy Read Information Achievement Closed captioning & sign language are on TV Sign language is provided during legislative Council Supporting deaf students in limited mainstream Qualification System for Sign Interpreters Post 2012 CRPD Hong Kong SAR COs (cont) 2012 CRPD Concluding Observations / Progress Education (Art 24) .Review Integrated Educated Plan .Improve teacher-student ratio .Provide sufficient resources to accessibility to tertiary education .Improve pre-school assessment .Reduce bullying in mainstream schools .Girls & women should have effective education (CEDEW) .Provision of SENCOs in Mainstream Schools .Provide financial support for tertiary students .Students cannot attend tertiary education in lack of accessible transportation .Civil society drafting special education law .Provide additional funding .Committee members mistaken: should be girls & women living in institutions cannot attend evening classes Right to Health (Art 25) .More human & financial resources to public medical services .Arrange cooperation of insurance companies No specific measure for improvement. Work and Employment (Art 27) .Introduce affirmative actions to promote employment .Prioritize employment of persons with disabilities as civil servant.Services for high functional autistic adults. .Extend follow-up support up to 3 years .NGOs & SHOPs still fighting for Quota System .Some employees of intellectual differences cannot open bank account Post 2012 CRPD Hong Kong SAR COs (cont) Adequate Standard of Living and Social Protection (Art 28) .CSSA to replace family-based assessment with individual-based .Introduce uniform standards for approving Disability Allowance. .No action .2013 Set up departmental Working Group. 2016 Review Report completed of the Disability Allowance. .2016 to study feasibility of public trust for persons with intellectual differences Freedom from Exploitation, Violence, and Abuse (Art 29) .Enhance active participation in politics through affirmative action .Ensure accessibility of all voting stations .No amendment for voting ordinance (MIP & supporter of own choice) .Accessibility of all voting stations improved but NOT effective Specific Obligations (Arts 31 -33) National Implementation and Monitoring (Art 33) .Strengthen authority of Commissioner for Rehabilitation .Set up independent monitoring mechanism (involving active participation of persons with disabilities & their representative .Upgraded Commissioner for Rehabilitation .No intention to set up independent human rights commission .Representatives in consultative committees are invited by Government on individual 2014 PILNET Network HKU Centre for Comparative Public Law Launched Street Law CRPD Project Design teaching packages on Rights Awareness Voting Rights Employment Community Living Police Questioning Hong Kong Rehabilitation Policy (HK Father of Rehabilitation Sir Harry Fang) October 1977 (25 Governor - Murray MacLehose) 1st White Paper May 1995 (28th Governor Chris Pattern) 2nd White Paper Equal Opportunities & Full Participation A Better Tomorrow for All 1977 Government set up Rehabilitation Development Coordinating Committee (RDCC) now renamed as Rehabilitation Advisory Committee (RAC) 1981 Rehabilitation Commissioner appointed 1966 SWD Mrs Goodstat & Dr Fang enlisted support members from Labour Party of parliament, UK to draft the 1st rehabilitation programme 1964 Aberdeen Rehabilitation Centre (300 residents) 1997 TWGHs Jockey Club Rehabilitation Complex (700 residents) 2017 will have 1,150 big rehabilitation complex. Demonstration of wrongful arrest of autistic man living in hostel Chosen Power's Action Mental Health Policy and Service Review (only review the rehabilitation service provision). Originally has NO representative of persons with psycho-social disabilities, but has parent representative! . Joint demonstration, letter appeals and meetings . Finally a representative is appointed. Aging Policy and Service Review Originally will not cover aging of persons with disabilities, claiming that it has been taken care of in rehabilitation sector! . Sent self-advocates and parents to attend all consultative meetings to mainstream our issues. Mainstream Disability Issues in other human right treaties in person Because HR Committee members also need to learn disability issues Attended: . CRC . CEDAW . CAT UN Mission 2012 (3 Self Advocates + 3 Supports) CRPD Mainstreaming 2013 (1+1) CRC 2014 (4+1) CEDAW 2015 (2+2) CAT I hope more children & youth not to live in large scale hostels, their right & freedom to live their own lives are exploited. HUI Wai Man, CRC 2013 I see that women with intellectual differences do not have many opportunities to go to United Nations and speak for themselves. It's because their parents would not let them go or assume that they do not know how to express themselves. Even at home, these women are being controlled by their parentsand not allowed to go out or know new friends. I hope theseparents can let go. TAM Carman, CEDAW 2014 For women, their parents are mostly over protective and wouldn't allow them to go out alone. Even if they could, they experience discrimination. Although I am not a woman, I was the translator for the three ladies I went with. We heard about cases in other countries and we also shared ours. Oscar Koo The flight to Geneva was over ten hours. It was hard but a happy journey. It was worthy. Staff should not torture us. Professionals should not only listen to the parents. They should not exploit our rights to go out at night, and return late, nor our rights to work, date and get marry. They should respect our opinions and choices. Siu Ha 2015 UN CAT Post Lobbying Sharing At UNCAT hearing, I was not able to understand fully even with translation. United Nations should provide Easy Read materials in the future. Even the materials are bilingual, without illustrations, it willnot be comprehensible. Also, when we approached thecommittee members about our issues, they replied that they need to think about it. CHEUK Hang Chi For us, large scale hostels are like prisons. We demand to demolish these hostels. We need to have third party advocates. After the lobbying on the first day, I was upset because the committee members did not include our issues in their questions. So we wrote another paper and waited for them in the lobby, chased after them to give it to them. They did not even look at us. Finally one member asked a little bit about the situation of persons with intellectual differences during the hearing. YUEN Kin Ming I realize that persons with intellectual differences aren't seen as a person even at United Nations. They are only labels. No wonder there isn't much concern about inhuman treatment to them in society. Michele CHUNG Difficulties and Challenges . HKSAR Governmentonly promotes the spirit of CRPD but not applying it in alllegislations, policies and services. . Making excuses: . we need more successful internationalexamples for reference. . Yet having good practicesinternationally, claims that foreign experience cannot apply to HK . Has along history of medically laden rehabilitation policy & services system since '50s. . Difficult to CHANGE, especially for thededicated officials, academics, educators, professionals, parents and even persons with disabilities. . Losing our international networks. Effectiveness&Challenges To the HKSAR Government To speak is not be heard, to be heard is not to be convinced. To be convinced is not to promote. To promote is to promote the wrong ideas. To promote the wrong ideas is not to admit that things are wrong. CHANTsun Kit Over the past few years, CRPD enabled usto monitor the governance of the governmentfrom a new perspective. It give us sense of being part of the society. YIP Kin Keung After CEDAW hearing, I felt that the United Nations could not help much. At least our voicewas being heard by the government. AUYim Fong I find the opportunity to speak at the United Nations hearing so the government knows whatit should be doing is already a good start. Grace Leung Yin Ling CRPDissoclose,yet sofar. The road of life is narrow and long. Let's continue to work on it. CHAN Yuk Yee The Least : One Country, Two System No where in theWorld except Hong Kong & Macau Most people lack the knowledge of the 'One country, Two systems' situation in Hong Kong. They do not grasp the special circumstances of Hong Kong . Thus lacks the concern in the implementation of CRPD in Hong Kong. Similarly, most people lack knowledge about persons with intellectual differences. They do not understand what we say, unless we learn to speak the same way as most people. Very few people take note of what we say during our promotion of CPRD. The Last to be Heard Compare with other cities in our mother country, the impact of Hong Kong is less than the others. We have a smaller population as well. Since we have to 'lean on' our mother country, most treaty members would handle issues of our motherland and only pay attention to Hong Kong in the last 15 minutes. Even when it finally comes to Hong Kong's turn, because we, persons with intellectual differences earn very little and express differently, there are parent representatives, most people would first listen to the opinions of the parents. At the end, we won't even be given the time! The Lost Compare with other places, Hong Kong is not a country. Therefore, on an international level, we still have limited voicce and losing our independence to partake in issues on international conventions. In addition, we, persons with intellectual differences are defined as mentally incapacitated legally or simply belittled as children. Our adult identity being exploited from us together with the right to participate in any disability related issues. Because of that, people think we are not able to promote CRPD or other Conventions. Why do WE, persons with intellectual differences in Hong Kong, still spend & share money to come out and advocate for themselves? Does it worth it? Of Course because we are unique. Parents' opinions are not our opinions. People should listen to us directly. We need respect , the respect that acknowledges our identity as an adult. Our presence is to provoke people to rethink What is Human ? Are we Foolish old man moves mountains? Are we Mantis trying to stop a chariot?! Chosen Power recognizes the rights of persons with disabilities should be taken seriously. LAW Yuk Kai Mentally Incapacitated person Medical Model Persons with Disabilities Big Institutions Road of CRPD Self Advocacy Chosen Power members Mantis Professionals Parents Government Thank You Contact: Email:chosenpower1989@yahoo.com.hk Tel: 852 5119 2756 / 852 9220 5310 Website: chosenpower.org