Last month, on the eve of the paralympic opening ceremony, the Canadian parliament ratified the UN Convention on the Rights of Persons with Disabilities. This convention is the first international treaty recognizing the rights of disabled people. It is comprehensive and recognizes very specifically the rights the disabled should enjoy in all areas of their daily lives, including living within their local community.
It’s great that the Harper government ratified the convention. However, there is a question about whether or not they are sincere, as they have yet to show leadership on this convention. First, they were absent at the UN signing ceremony and only signaled their intention to sign later. Second, it took the Harper government three years just to bring the convention to parliament for ratification. Third, they withheld signing the optional protocol attached to the convention, which better holds governments to account in regards to implementation. The optional protocol allows groups or individuals to petition a UN committee to address breaches of their rights and allows the committee to investigate countries suspected of grave violations of the convention.
Other countries have shown and continue to show much greater leadership. Australia for example was one of the first countries to ratify the convention and one of over 40 countries to also ratify the optional protocol. Australia has given their human rights commission powers to monitor disability rights under the convention and report to the government on progress with regards to implementation. However, the Harper government has yet to designate a national institute or agency such as the Canadian Human Rights Commission to oversee the implementation of the convention, which is a requirement.
The Harper government needs to show leadership and bring forward an action plan to fulfill the obligations of the convention. This action plan should be to enact a Canadian disabilities act, promised in the 2006 election by Harper and long over due. The act would incorporate all of the obligations of the convention as well as recommendations from the disabled community. It would allow the disabled full participation in society and equality rights.
However, contrary to reports in the news and from various disabled rights groups about the convention having “teeth”, the Harper government is not bound to implement the convention. First, the convention only monitors implementation by setting up a UN committee to review periodic reports submitted by countries on progress taken to implement the convention. Second, the convention cannot be enforced through the Canadian court system unless the contents are incorporated into domestic legislation. The courts can look at the convention but are not bound by it. Given the dismal track record of our Canadian court system in the area of disabled rights little progress if any can therefore be expected. This lack of enforcement, domestically, applies to all UN treaties. This has been clearly demonstrated by Harper’s complete abandonment of the Kyoto Protocol, even though parliament ratified it. The only way to force countries to abide by these UN treaties is through international and domestic pressure, which is, as we know, not always successful.
The hope is that the Harper government will do the right thing. The proper course of action would be for the Harper government to sign and ratify the optional protocol, designate a national institute to oversee implementation of the convention, and signal its intent to bring forward an action plan such as a strong disabilities act incorporating the rights guaranteed in the convention. This could all be done within a short amount of time. Lets hope the Harper government will finally show some leadership and do what should be done to give the convention meaning.
David Brock's Blog 