In mid-June 2024, I had the profound privilege of attending the 17th Conference of States Parties (COSP) to the United Nations Convention on Rights of Persons with Disabilities (UN CRPD), at the UN General Assembly in New York. This pivotal event, a cornerstone for the global discourse on disability rights, serves as a barometer for the progress of signatory states towards the fulfilment of their obligations under the Convention. The CRPD, a landmark treaty in the realm of human rights, underscores the imperative to view disability through the lens of rights rather than charity. It is a crucial instrument that aims to dismantle societal and structural barriers faced by persons with disabilities across the globe.
Bangladesh has a lot to take pride in from the UN CRPD formulation process. We are not only one of the first countries to ratify the CRPD but also have historically played a significant role in its formulation. Country’s prominent disability rights activists, namely Monsur Ahmed Choudhuri, AHM Noman Khan, and Khandaker Jahurul Alam were closely involved in the global consultations initiated by the UN before the Convention came to light in 2006. The journey began in 2001 when Mexico proposed the formation of an ad hoc committee to address disability as a human rights issue. Following this proposal, the United Nations established the ad hoc committee, marking the commencement of a series of crucial meetings where Bangladesh emerged as a vocal advocate for disability rights. Bangladesh's contributions were instrumental in these discussions, consistently emphasising that disability should be recognized as a critical rights issue. This advocacy was part of a larger collaborative effort involving over 140 countries, all working towards a common goal of establishing a comprehensive framework for disability rights. Bangladesh’s delegation, comprising government officials and representatives from organisations of persons with disabilities (OPDs), played a significant role in shaping the discourse and ensuring that the unique challenges faced by persons with disabilities were addressed.
The culmination of these efforts was realised in December 2006, when the UN General Assembly approved the UN CRPD, a landmark document that redefined disability as a matter of rights rather than charity officially. From 2006 to 2008, Bangladesh continued its active participation in conventions at the United Nations, further solidifying its commitment to disability rights. Representatives from the Bangladesh Permanent Mission to the UN, alongside advocates from disability organisations, worked tirelessly to promote the principles of the CRPD and to ensure its successful adoption and implementation. Bangladesh's devoted dedication during the formative years of the UN CRPD underscores its long-standing commitment to advocating for the rights and inclusion of persons with disabilities on the global stage.
After the CRPD approved, the COSP to UN CRPD emerges as important annual event where signatory nations converge to share their progress in upholding the rights of persons with disabilities. This pivotal gathering provides a platform for countries to report on their advancements, discuss challenges, and outline future actions aligned with the principles of the CRPD. Through detailed presentations and collaborative dialogue, participating nations reaffirm their commitment to the Convention's objectives, exchange best practices, and strategise on implementing inclusive policies that ensure the full realization of disability rights. In the 17th COSP that took place this year, signatory states highlighted their legislative and policy measures before the UN CRPD Committee. A total of 166 speakers, representing nations and organisations with consultative status with ECOSOC, delivered statements. Bangladesh’s delegation, though primarily consisting of officials from the Permanent Mission to the UN, accentuated the country’s recent achievements and ongoing initiatives in disability inclusion. The Bangladesh statement mentioned about the ratification of the Marrakesh Treaty that will facilitate access to published works for persons who are visually impaired, or otherwise print disabled, “Smart Bangladesh” vision -- an initiative that places disability inclusion at the forefront of the nation’s broader development agenda, aiming for a technologically advanced and inclusive society, 8th Five-Year Plan that emphasizes inclusiveness as a core principle, reflecting a commitment to integrate disability issues into broader development goals, and legislative milestones including the enactment of the Rights and Protection of Persons with Disabilities (RPPD) Act (2013), the National Action Plan on Disability (2018), and the Neuro-Developmental Disability Protection Act (2013) that are aimed at protecting and promoting the rights of persons with disabilities. The Bangladesh statement also mentioned about the national survey on persons with disabilities, education and rehabilitation -- special educational institutions and 103 rehabilitation and health service centres catering specifically to persons with disabilities, skills development and social safety nets programmes that are in place to enhance social protection of persons with disabilities and accessible infrastructure with a reference to the newly launched Dhaka metro system which is fully accessible, setting a benchmark for inclusive urban development. The statement further mentions about country’s inclusive refugee response as Bangladesh’s commitment extends to the Rohingya refugee camps, with age and disability-inclusive response plans.
Despite these commendable efforts, a closer examination reveals a significant gap between policy formulation and implementation. While Bangladesh has enacted substantial legislation, such as the RPPD Act, and developed action plans, the actual realisation of disability rights remains elusive. The nation's disability rights framework still largely hinges on a welfare-based approach, despite the repeal of the Welfare Act for persons with disabilities in 2001.
The CRPD mandates the application of a human rights model of disability, as elaborated in the CRPD Committee's General Comment No. 6 (2018). This model posits that disability is a social construct and that impairments are an integral aspect of human diversity and dignity. It asserts that impairments should not justify the denial of human rights and that laws and policies must reflect the diverse identities of persons with disabilities. Yet, in Bangladesh, harmonisation of mainstream laws with the CRPD principles remains incomplete. Policies such as the National Women Development Policy and the National Health Policy, as well as numerous legal provisions, fail to fully align with the human rights model, often perpetuating disability-based discrimination.
During the COSP17 conference, it became evident that Bangladesh’s participation lacked the coordination and high-level representation seen in other nations. While countries like Germany featured statements from their chancellor, Bangladesh's delegation did not include key ministers, highlighting a disconnect between the Permanent Mission to the UN and relevant domestic ministries. This gap features a broader issue of inter-ministerial coordination in advancing disability rights within the country.
One of the CRPD's critical functions is to ensure that national laws and policies adhere to its principles. However, in Bangladesh, significant legislation still contains provisions that exclude persons with disabilities from holding constitutional positions. Additionally, the National Plan of Action lacks a robust monitoring and evaluation framework, and there is no systematic tracking of discrimination cases against persons with disabilities. Accessibility remains a major hurdle in sectors such as healthcare, where services are often inaccessible to persons with hearing, speech, or physical disabilities.
The Neuro-Developmental Disability Protection Trust Act, 2013, while aimed at monitoring conditions of persons with neuro-developmental disabilities, lacks effective reporting mechanisms. The RPPD Act defines denial of reasonable accommodation as discrimination, yet district committees tasked with enforcing this are not adequately funded or operational.
Since the introduction of the CRPD and the enactment of the RPPD Act in Bangladesh in 2013, more than a decade has passed. However, it is now imperative for Bangladesh to make meaningful changes that will significantly improve the lives of persons with disabilities. The implementation of the Act, which ensures their rights, must be reinforced through various initiatives and activities. In this context, it is crucial that the disability committee holds regular meetings and that disability focal points are appointed to coordinate tasks across government ministries and departments. The enactment of an anti-discrimination law is also essential. Moreover, an additional budget dedicated to the development of people with disabilities, apart from the social protection budget that provides a meagre disability allowance of only Tk850, is necessary. The nation must take decisive steps to eliminate all forms of discrimination against people with disabilities and provide them with real and meaningful opportunities to thrive and perform. Adopting a positive and inclusive mindset as a nation is crucial to advancing and ensuring their rights in all aspects of life. Only by doing so can we aspire to build an equal and smart Bangladesh.
While Bangladesh has made strides in legislative and policy frameworks for disability rights, the real challenge lies in translating these into tangible outcomes. It is imperative for the nation to shift from a welfare-based to a rights-based approach, ensuring that all persons with disabilities can fully enjoy their rights and participate equally in society. The journey towards an inclusive and “Smart Bangladesh” is ongoing, and steadfast commitment and coordinated action are crucial for meaningful progress, otherwise people with disabilities will continue to be left behind.
Ayon Debnath is a development practitioner currently working with the Royal Commonwealth Society for the Blind-Sightsavers as campaign advisor. He can be reached at adebnath@sightsavers.org