Study on the situation of indigenous persons with disabilities. UN - Permanent Forum on Indigenous Issues Twelfth session

Summary
The study reviews the situation of indigenous persons with disabilities in the enjoyment of their human rights. It looks at the main relevant legal standards — the Convention on the Rights of Persons with Disabilities and the United Nations Declaration on the Rights of Indigenous Peoples — and how those standards interact to protect relevant rights. The study examines some areas in which, according to indigenous persons with disabilities, there is discrimination in the enjoyment of rights, such as political participation, access to justice, education, language and culture, and issues specific to indigenous women and children with disabilities. It is concluded that more attention should be paid to the rights of indigenous persons with disabilities.
Recommendations are made to United Nations agencies and other relevant stakeholders on important ways to increase genuine inclusion and participation of indigenous persons with disabilities and support the establishment and develop the capacity of organizations of indigenous persons with disabilities, such as by allocating resources to build the capacity of indigenous peoples to address the needs of indigenous persons with disabilities in their communities. It is recommended that maximum effort be made to use the upcoming high-level meeting on disability and development, to be held in 2013, and the high-level plenary meeting of the sixtyninth session of the General Assembly, to be known as the World Conference on Indigenous Peoples and to be held in 2014, to examine the realities of indigenous persons with disabilities and how such persons can benefit from the post-2015 development agenda framework.

EU 2017 report on The situation of indigenous children with disabilities

ABSTRACT
Indigenous children with disabilities (ICwD) have received little attention in academic research and development policies. However, they face discrimination at many levels, based on ethnicity, age,
ability and gender and this often leads to serious human rights violations. The lack of data, both on
the prevalence of disabilities among indigenous children and young people and on specific violations
of their human rights, is a serious constraint to any policy intended to respect, protect and promote
their human rights. Thisstudy seeksto identify these gaps, point to certain patterns and recommend
ways of improving data collection and the situation of ICwD in future.

UN special reporter on People with Disabilities and Indigenous people

Indigenous persons with disabilities face exclusion, marginalization and multiple layers of discrimination based on their disability, their ethnic origin and their gender. However, despite higher rates of disability in indigenous communities, little or no attention is given to their situation: in most cases they have no access to the services and the support they need to participate fully in society at large and their own communities.

International Labor Organization: Indigenous Persons with disabilities – Access to training and employment

Over the last three decades much progress was made with regards to the recognition of the rights of indigenous
peoples. Landmarks of this progress include: the adoption of the ILO Indigenous and Tribal Peoples Convention,
1989 (No. 169), which is the only legally binding international instrument open to ratification that deals specifically
with the rights of indigenous and tribal peoples;1
and the ongoing work of the Human Rights Council (HRC) and
the Economic and Social Council (ECOSOC) in appointing experts and advisory bodies to examine ways to overcome existing obstacles to the full and effective protection of the rights of indigenous peoples.2

Indigenous Peoples with Disabilities and their Issues

Indigenous persons with disabilities face exclusion, marginalization and multiple layers of discrimination based on their disability, their ethnic origin and their gender. However, despite higher rates of disability in indigenous communities, little or no attention is given to their situation: in most cases they have no access to the services and the support they need to participate fully in society at large and their own communities.

The rights of Indigenous Peoples with Disabilities in Nepal

Pratima is a leading global activist and champion for the rights of women, Indigenous Peoples and persons with disabilities, specifically representing Indigenous women with disabilities from Nepal. She recalls that at the age of 7 she became disabled when she lost her hand in a truck accident. This event inevitably shaped a new layer of her identity, as she became categorized as ‘disabled’.

Since 2000, Pratima has been arduously working to elevate the rights and voices of underrepresented groups within gender, disability and Indigenous discourse. Her activism also includes a powerful focus on how Indigenous philanthropy can better adopt an intersectional lens. During an interview with IFIP, Pratima outlined a myriad of ways in which Indigenous groups can bolster this intersectional approach and how donors can support these collective efforts. Following are the most salient recommendations on how Indigenous philanthropy can embrace an intersectional lens from the disability rights perspective.

 

Rights of Indigenous Peoples with Disabilities

The United Nations Inter-Agency Support Group (IASG) on Indigenous Issues aims to strengthen
cooperation and coordination among UN agencies, funds, entities and programmes on indigenous
peoples’ issues and to support the UN Permanent Forum on Indigenous Issues. It also seeks to
promote the effective participation of indigenous peoples in relevant international processes.
At its annual meeting held in October 2013, the IASG decided to develop a set of collaborative
thematic papers to serve as background information and analysis on key issues to contribute to the
process and preparations for the World Conference on Indigenous Peoples.

Respect for Indigenous Peoples with Disabilities

The International Funders for Indigenous Peoples (IFIP) encourages the practice of giving based on The Four R’s of Indigenous Philanthropy – Respect, Reciprocity, Responsibility, and Relationships. In this blog, I’d like to share how our grantmaking addresses the “Four R’s” in our relationship with Indigenous Persons with Disabilities.

Respect for Indigenous Peoples with Disabilities

The International Disability Alliance (IDA) is the network of global and regional organisations of persons with disabilities (DPOs) currently comprising eight global and four regional DPOs. With member organisations around the world, IDA represents the over one billion people worldwide living with a disability, the world’s largest – and most frequently overlooked – minority group. IDA’s mission is to promote the effective implementation of the UN Convention on the Rights of Persons with Disabilities, as well as compliance with the CRPD within the whole UN system, including in the work of the treaty bodies.

 

Indigenous Perspective of Disability

This article contributes to the discourse on disability from an indigenous perspective, an area about which there is very little known (Grech, 2015; Hickey, 2008; Meekosha, 2008, 2011). It supports the concerns raised by Meekosha that writings on disability have mainly come from ‘northern’ countries, asking the question: do disabled people in ‘southern’ countries share the same issues and ideas?

Access to Justice for Indigenous peoples with Disabilities

The Human Rights Council requested the Expert Mechanism to continue its study on access to justice in the protection and promotion of the rights of indigenous peoples and to submit a follow-up study to the Council during its 27th session (September 2014). As requested by the Council in Resolution 24/10, this study focuses on restorative justice and indigenous juridical systems, particularly as they relate to achieving peace and reconciliation, including an examination of access to justice related to indigenous women, children and youth, and persons with disabilities.

CONTACT:

National Indigenous Disabled Women Association-Nepal (NIDWAN)
Lalitpur Metropolitan City, Post Box No 21535
nidwan2015@gmail.com,info@nidwan.org.np
+977-9841457270, +977-986319153, +977-01-4311423

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