Welcome to the August 2009 issue of the Newsletter.
Broken, not just broke!
AFDO’s response to the Shut Out report
“If I lived in a society where being in a wheelchair was no more remarkable than wearing glasses, and if the community was completely accepting and accessible, my disability would be an inconvenience and not much more than that. It is society which handicaps me, far more seriously and completely than the fact that I have Spina Bifida.”
“I remember my Year 8 science teacher said she couldn’t wear my Microphone because it put holes in her clothes. I couldn’t do anything about it … she was the teacher – I was the student. For the record – I failed Year 8 science – and it had nothing to do with my ability because in Year 9 science, I had a teacher who wore the Mic and I topped the class.”
These two quotes come from the Shut Out report produced by National People with Disabilities and Carer Council after extensive nationwide community consultations as part of the federal government’s emerging National Disability Strategy (NDS). They show that that the primary concern of people with disabilities around Australia is not just a crisis of inadequate funding and resources (desperate though this is) but the “systemic and systematic” discrimination experienced by people with disabilities.
Describing the current disability service system as “irretrievably broken and broke”, the Shut Out report identifies four strategic priorities for the NDS:
AFDO endorses these priorities but emphasises that the current system is indeed broke as well as broken – i.e. genuine reform will require adequate funding and resources. In particular:
AFDO also agrees with Shut Out that “piecemeal reform will not suffice”. There is widespread feeling that that “the service system is so fundamentally flawed as to be beyond bandaid solutions, requiring a paradigm shift to deliver lasting change”.
The paradigm shift that is required must look beyond just disability services and address the discrimination that is “entrenched in the everyday practices of government, businesses, community groups and individuals”. It must be based on principles of the human rights and social inclusion of people with disabilities to actively challenge the “lack of commitment to inclusion and a widespread lack of understanding of its benefits” throughout Australian society.
A better deal for people with disabilities is no longer just an economic issue that focuses on the costs of disability. It is a human rights issue that must now include an analysis of the costs of exclusion – the human and social costs, as well as economic costs, of the current discrimination against people with disabilities. It is no longer acceptable for people with disabilities to pick up the tab on society’s discrimination against them.
The UN Convention on the Rights of Persons with Disabilities (CRPD) is not just a legal document with strict obligations on all governments in Australia to protect the human rights and eliminate discrimination against people with disabilities. It also provides a framework for the paradigm shift that Shut Out calls for and should be the guiding document for the NDS.
The CRPD emphasizes the critical importance of involving people with disabilities and their organisations in every aspect and every stage of disability reform. In the CRPD this is not just a good idea but is now also a strict obligation. The National Disability Strategy will only succeed if people with disabilities and their organisations are actively involved every step of the way – without this, we can say for certain that failure of the Strategy is guaranteed.
The CRPD includes obligations for the federal government to establish a “focal point” with responsibility for overseeing and ensuring the implementation of the Convention. This poses special challenges given (a) the range of portfolios that must respond to the CRPD and (b) Australia’s federal system where states are often responsible for disability issues. Shut Out identifies the need for a national Office of Disability, which AFDO endorses but also points out that no one portfolio or government department can adequately assume responsibility for this Office. AFDO further stresses – again – that an effective Office of Disability requires the active inclusion of people with disabilities and their organisations.
Similarly, the CRPD includes obligations for an “independent mechanism” to monitor the implementation of the Convention. Whether this is the current Human Rights Commission or a separate body specifically for the purpose of disability rights, it is again essential the people with disabilities and their organisations are active participants in the monitoring of the National Disability Strategy as well as the CRPD.
After more than a year of reviews and consultations, it’s time now for the National Disability Strategy to be concluded in order to get on with its implementation, including the implementation of the CRPD. As Rhonda Galbally says in her preface to Shut Out, the “nation’s forgotten people” have been waiting for many years for change and we will not wait any longer.
AFDO Policy and Campaign Updates:
Disability Rights Monitoring Project - David Webb
The UN Convention on the Rights of Persons with Disabilities (CRPD) includes strict obligations for ensuring the effective monitoring of its implementation. These obligations need to be integrated into Australia’s National Disability Strategy (NDS) due to be released mid-2010.
AFDO has commenced a project looking into what is required to establish and sustain effective disability rights monitoring in the new era of the CRPD and the NDS. One thing that is clear from the outset is that this will be a huge challenge. Disability rights cut across all sectors of government, all sectors of the economy and every aspect of living in the community. Everybody has a role to play in disability rights. Currently there is no “focal point” in Australia (as it’s called in the CRPD) that is responsible to oversee and ensure the implementation of the CRPD and the NDS. This must be a priority for the NDS because when everyone is responsible we sometimes find that no-one takes responsibility.
Although the CRPD provides a benchmark for disability rights, it does not always cover specific domestic issues. For instance, the current shortfall in disability funding in Australia is now a disability rights issue that the proposed National Disability Insurance Scheme seeks to address. Similarly, AFDO’s proposal for a Disability Inclusion Allowance highlights that Australia’s outmoded delivery of funding and services is also a rights issue, not just an economic one. And likewise the current buck-passing between federal and state governments in Australia is another domestic disability rights issue.
Monitoring is a critical component of the effective implementation of disability rights but it cannot be a one-off exercise. The recent Shut Out report gives a snapshot of the current plight of people with disabilities in Australia but sustained, ongoing monitoring is required until all our rights are achieved fully. It is unclear yet how this might best be achieved. There are many stakeholders or “players” in disability rights, all of whom need to come together in partnership if we are to see the effective implementation and monitoring of the NDS and the CRPD.
One thing is very clear though. People with disabilities and their organisations must play a central role in disability rights monitoring. This is no longer just an option at the whim of government but another strict obligation of the CRPD, without which even the most well-intentioned NDS is doomed to fail.
Access to Premises
On June 15th 2009 the Access All Areas report from the House of Representatives Legislative and Constitutional Affairs Committee was tabled in Parliament. This report summarised views from the consultations on the draft Access to Premises Standard, and made recommendations to move forward.
In July, AFDO participated in a cross sector meeting to discuss the recommendations from the report, and to talk about how to move forward. While not everyone at the meeting agreed on all of the recommendations, everyone agreed that it is now imperative that the Access to Premises Standard is brought in as quickly as possible. Attendees heard from the Attorney General’s Department that they are aiming to introduce the law within the next two years.
As a result of this meeting, a sector wide statement was developed. AFDO sent a letter and a copy of the statement to all relevant politicians. In the meantime, we have developed a summary of the recommendations and a list our own concerns. These concerns are:
AFDO has met with politicians and bureaucrats over the last few weeks to discuss both the sector-wide push for the Standard to be introduced as quickly as possible, and the specific concerns we hold.
Update from Chairperson - Graham Douglas-Meyer
Seize the Moment, Make it Work
Rare news at the end of last month with Australia agreeing to accede to the optional protocol attached to the United Nations Convention on the Rights of Persons with Disabilities. Rare, because in the past Australia has been loath to make itself vulnerable to the level of scrutiny that this can bring
This will mean that any Australian can bring a complaint regarding their life with disability in this country directly to the United Nations if all previous avenue in Australia have been exhausted.
This is a wonderful action to be taken by any government. However, the stated resolve by the government to better the lives of PWD has yet to be tested and governments in Australia, no matter their political colour have been quite willing to ignore the decisions of the United Nations when and if it does not suit its purpose.
We must ensure that the numerous committees and investigations that have been or are still being conducted actually follow through on the recommendations of those committees; not allowing them to simply become talkfests.
To this end AFDO’s role in the preparation of the Shadow report will provide a vital tool for the Australian government to make the lives of people living with disabilities much more in line with their able-bodied counterparts.
People with Disabilities Australia, Queensland Advocacy inc. and the Disability Legal Centre NSW have established a project to produce a Shadow report and AFDO has been welcomed as a member of that reference group. Through this collaborative effort the possibility of getting it right in the shortest time possible is increased. I look forward to the outcomes of this project.
Other groups are, I’m sure, preparing their own version or aspect of shadow reporting to government and as is always inevitable with human beings similar ideas and approaches will produce similar results and even duplication.
Facing our critics
For some, it would appear that this duplication is a point of criticism. However, in my mind this only serves to reinforce an idea or concept driving the idea home clearly, especially in the minds of funding bodies.
Unity of thought and purpose will cause government to sit up and listen. While they have groups criticising and undermining each other, no matter how unintentionally, government agencies have an excuse to hold back.
Unity doesn’t mean unthinkingly following one thought only. Disagreements will always happen. But when it comes to outside the sector a unified face will appear much stronger and more determined. If differences occur they are better discussed and aired than left to fester. This has been clearly exampled by the split in the Liberal party nationally.
If any member organisation has an issue with what AFDO is or is not doing we need to know about it; we need to hear from you. Waiting for a member meeting is not going to do it.
Communicate with the office and allow us to find out if it is a common problem or not. We are here to work with all of our members. But, if there is no communication we don’t know if there is something we need to change. We look forward to hearing from you.
Update from External Representatives
As a peak body AFDO gets asked from time to time to nominate a representative for reference groups and advisory committees. Our process for this is to ask our members to nominate someone who has the particular knowledge required and who can represent people with disability from a cross disability perspective.
We are currently updating our external representation policy and procedures as well as developing a useful reporting back mechanism. As part of this a regular information item will appear in this newsletter.
National Disability Insurance Scheme - NDIS
The call for a National Disability Insurance Scheme is gaining momentum. Since the beginning of this year AFDO has been involved in an alliance with National Disability Services and Carers Australia to promote the concept. Basically an NDIS is similar to a Medicare type levy allowing funds specifically targeted for supports for people with disability to be raised through the taxation system. This will ensure to a much greater extent than at present the proper funding of supports. An NDIS webpage at www.ndis.org.au has been established which enables people to join in the campaign.
Of course the proper funding of supports is only one part of the picture. Other areas are an accessible environment including removing discriminatory practices as well as how supports are delivered. AFDO is addressing both these areas through our work by calling for the introduction of a Disability Inclusion Allowance and advocating for the implementation of the United Nations Convention on the Rights of Persons with Disabilities. More information about the Disability Inclusion Allowance can be found at www.afdo.org.au/node/283
Conference
The AFDO conference papers are now out. They are an invaluable resource for people wanting to know current thinking from an Australian perspective on the implementation of the UNCRPD. To view go to www.afdo.org.au/conference
Self Advocacy Project
AFDO in conjunction with one of our member organisations the Victorian Disability Resources Centre is undertaking a project to assist the inclusion of people with intellectual disabilities in conferences and meetings. The project specifically looks at what supports and strategies are useful and will develop a resource kit to promote these. The project started with a group of self advocates coming together to form a reference group. The group came up with a number of ideas which were tried out at the AFDO conference held in May. The next step is to now put the lessons learned at the conference as well as other information into the kit and then to distribute it. A self advocate, Janice Slattery, and a support worker will be employed to do this. The project has been funded by the Helen Macpherson Smith Trust.
Telecommunications – Frank Nowlan
The most important event in telecommunications over the past few months from a disability perspective has undoubtedly been the commencement of the Australian Communications Consumer Action Network (ACCAN). ACCAN has taken over TEDICORE’s role of disability representation and Gunela Astbrink, formerly TEDICORE’s National Co-ordinator, has now taken up the position of ACCAN’s Manager for Disability policy and research.
ACCAN is holding a meeting on August 31st, attended largely by former TEDICORE members, to discuss its draft strategic plan. The meeting will have a particular focus on issues around the selection and operation of its disability advisory group.
ACCAN held a roundtable on August 26 in Melbourne attended by 25 invited participants. The purpose of the gathering was to discuss a range of issues and how ACCAN might best engage with them. These issues included consumer complaints, contracts and bundling, and protecting vulnerable consumers. I took the opportunity to refer to the Memorandum of Understanding between AFDO and ACCAN to emphasize the important role AFDO could and should play in ACCAN’s ongoing work in the area of disability advocacy on telecommunications issues. Those attending the roundtable included people from a range of organizations including some not directly related to the telecommunications industry such as the Victorian Energy and Water Ombudsman. ACCAN’s CEO Alan Asher stressed ACCAN’s commitment to do whatever was necessary to adequately protect the rights and interests of vulnerable consumers including those with a disability and seemed receptive to ideas as to how this might best be done.
Gunela Astbrink recently demonstrated a technology known as “real-time text” (RTT) at Parliament House Canberra, to an audience of interested politicians. RTT is a technique which facilitates communication by members of the deaf community. The demonstration was well received and generated considerable interest.
The National Communication Guidelines Working Group (WG) - Dean Barton-Smith
This groups focus is on emergency management including counter terrorism and they held their first meeting on 6 August 2009 at the Australian Federation of Disability Organisations office.
The meeting was attended by representatives from:
The main purpose of this meeting was to scope the work and identify key areas of focus.
The National Working Group was provided a background briefing on the Review into Government Communications During a Crisis and the National Forum on Emergency Warnings to the Community (NFEWC) activities which initially identified the lack of detailed consideration of the specific needs of PWD in all areas of emergency management, but communication in particular.
The group revisited the outcomes of February 2009 meeting of the NFEWC when it was proposed that a working group be established to develop a model that embraces inclusion and accessibility in the provision of, but not limited to, emergency services, warning systems and media information. Recognising that there is minimal information available on the diverse communication needs of PWD the NFEWC agreed to establish a sub-working group to progress and develop the guidelines.
In the development stage of the National Communication Guidelines the working group (WG) agreed that evidence based research was essential. The WG looked at numerous publications on emergency management and counter terrorism for ideas and possible content (including best practice models) both at national and international levels.
In terms of Victorian Bushfires Royal Commission, the WG agreed that submissions to and recommendations from the Interim Report should be considered in the development and implementation of the Communication Guidelines.
The meeting then discussed the broad objectives for the content of the Communication Guidelines and agreed that they should:
To ensure that the National Communication Guidelines are coherent with national strategies, the WG decided that they should be underpinned by, but not limited to:
The guidelines will also need to be consistent with:
To raise awareness on the development of the National Communication Guidelines, the WG group agreed that both the Attorney General Department and Australian Federation of Disability Organisations will work in tandem to inform and engage appropriate committees and Federal Ministers.
Timeframe
It was deemed appropriate to wait for the release Victorian Bushfires Royal Commission Interim Report on 17 August before setting timelines for the National Communication Guidelines. The Interim Report may provide guidance, and set priorities, the development and implementation of the guidelines.
Consultation
The consultation process will involve relevant government Departments and Agencies and non-government organisations however, the NFEWC was agreed as the most appropriate platform to commence the consultation process. A draft copy of the National Communication Guidelines will be forwarded to the NFEWC broad membership and networks for comment. The same will be distributed AFDO’s membership base and relevant peak disability organisations across Australia.
Lastly, the Attorney-General’s Department will cover the associated costs with the development the National Communication Guidelines.
Further updates will be made available when they come to hand. It would be appreciated that when a draft guideline is distributed that each organisation carefully review the draft guideline and provide critical feedback where necessary.
What have our members been doing?
AFDO members are from a diverse range of backgrounds, and cover many different issues relevant to the disability community. This new section of the AFDO newsletter is designed to keep you up to date on one or two key activities of each member organisation. We’d love to hear what you think of this idea!
Blind Citizens Australia: From the beginning of May BCA has run a postcard campaign called “It’s Our Turn Now” aiming to see audio description introduced into cinemas.
Brain Injury Australia: Has been busily promoting the impact of Fall Related Trauma through articles and speeches.
National Ethnic Disability Alliance: NEDA has just released a report called “This is My Home: Belonging, Disability and Diversity” which draws on focus groups held earlier this year to describe what cultural and linguistic inclusion means for people with disability from culturally and linguistically diverse backgrounds. The report can be found at: http://neda.org.au/page/cultural_and_linguistic_inclusion.html
National Policy Officer - Leah Hobson
Since the last newsletter there has been much more work done on the draft Access to Premises Standard. So much work, in fact, that I’ve written a separate article on the progress over the past few months. The next little while will be important in making sure that the Standards go through as quickly as possible, while balancing that with ensuring that they are as comprehensive as possible.
Independent Disability Equipment Program
The Department of Broadband, Communications and the Digital Economy (DBCDE) has begun conducting face to face consultations as a follow up to its call for written submissions to a feasibility study which would look at establishing an independent disability equipment program for telecommunications customers with disability.
DBCDE have advised that written submissions should be made public on their website within several weeks, and the final report on the project will be going to the Minister in December.
Accessible Voting for Homeless People Collaboration
Saint Mary’s House of Welcome, a drop-in centre for people who are homeless in Melbourne, has begun work with a group of social work students to assess the needs of voters experiencing homelessness. This includes examining the accessibility needs of voters with a range disabilities at State and Federal levels. AFDO has been providing support to advise the project team on a fortnightly basis.
Social Inclusion Indicators
The Federal government’s Social Inclusion Board has recently released a document on Social Inclusion Indicators which can be used to determine the efficacy of the government’s social inclusion agenda. Although this document examines some socially excluded groups which include high numbers of people with disability – such as the aged population, people in public housing and people on welfare payments – it does not address disability directly. AFDO will be providing feedback to the Social Inclusion Board that disability issues are an important indicator of social inclusion and should be examined.
Convention on the Rights of Persons with Disabilities - Frank Hall-Bentick
On the 13 December 2006 the Convention on the Rights of Persons with Disabilities (CRPD) was approved by the United Nations General Assembly in New York after five years and 8 Adhoc meetings involving delegations from Countries, Disabled Peoples Organisations and Human Rights Groups. The Convention was opened for signature on 30 March 2007 at which time the Australian Government among 84 other countries signed indicating we intended to ratify the Convention at a later time.
The United Nations Convention Website states, “The Convention marks a "paradigm shift" in attitudes and approaches to persons with disabilities. It takes to a new height the movement from viewing persons with disabilities as "objects" of charity, medical treatment and social protection towards viewing persons with disabilities as "subjects" with rights, who are capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society.”
“The Convention is intended as a human rights instrument with an explicit, social development dimension. It adopts a broad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas where adaptations have to be made for persons with disabilities to effectively exercise their rights and areas where their rights have been violated, and where protection of rights must be reinforced.”
In January 2008 the Federal Government funded consultations regarding ratification and the Joint Standing Committee on Treaties (JSCT) held a formal inquiry and recommended Australia ratify. On the 17 July 2008 Australia ratified the Convention at the United Nations. Later that year in November the 1st Conference of State Parties elected the Committee of Experts to oversee the implementation of the Convention. Professor Ron McCallum AO from Sydney was elected as one of these independent experts.
On 23 February this year JSCT held a hearing for their Inquiry into ratifying the Optional Protocol for the Convention and the Australian Federation of Disability Organisations (AFDO) was requested to speak for the Australian Disability community. This Optional Protocol gives authority to the Committee of Experts to be referred complaints by groups and individuals and to undertake inquiries. Optional Protocols are separated from the main Convention as some countries regard external inquiries as a violation of their national sovereignty and refuse to sign main convention. On 30 July 2009 the Australian Government announced they will ratify the Optional Protocol.
Recently the Australian Government announced they will be preparing a report for the United Nations on how they are implementing the Convention to be submitted by the 10 May 2010. They are requesting ideas of what the report should cover by Monday 14 September 2009 crpdreport@ag.gov.au . Later there will be a formal period of public consultation on the draft report. Information on this consultation processes is available at the Attorney-General's Department website, www.ag.gov.au/humanrights