Section Four: How
do we begin to implement the new convention?
By the end of Section 4 you should
- Understand the
environment in which implementation will take place
- Have a good
idea how your organization can work on implementation
- Understand the importance of ongoing evaluation
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The ABC’s of Implementation!
Implementing a UN convention is a complicated and potentially overwhelming
thing to attempt! There is so much that can be done that in many cases,
NGOs tend to focus only on monitoring and the work of the treaty body;
but in fact, that is only a small part of what implementation can and should
be all about. This section will offer a framework for the development of
an implementation program – something that we like to call “the
ABCs of Implementation.”
A dopt a Rights-based Vision
B uild a Constituency for Change
C ount your successes and setbacks
A dopt a Rights-based Vision
In section 2 of this toolkit, we spoke about the shift to a rights-based
approach. We noted too that although organizations like DPI have been calling
for some time for disability to be addressed as a human rights issue (rather
than a medical, charity, or social welfare issue), the CRPD is the first
legally binding international document to do so. With the adoption of the
CRPD, we argued that disability advocates now have a powerful tool to use
in framing their advocacy in human rights terms!
We also referred to the UN Office of the High Commissioner for Human
Rights (OHCHR), who say that a rights-based approach involves the following
characteristics
- Express linkage to human rights – here this
means linking disability issues to the full range of civil, political,
economic, social and cultural rights, and it means talking about disability
issues using the language of human rights.
- Accountability – using a rights-based approach
requires identifying who are the rights-holders (the
people claiming their rights) and who are the duty-holders (the
people who have the duty to protect and promote enjoyment of the rights
in question).
- Empowerment – rights-based approaches focus
on the empowerment of rights-holders. This is the opposite of a charitable
approach, where the recipients of the charity are passive and have no
say in what action is taken.
- Participation – rights-based approaches require
the full participation of all relevant stakeholders.
- Non-discrimination and attention to vulnerable groups – rights-based
approaches call for specific attention to issues like discrimination,
equality, equity and groups of persons who have been particularly marginalized.
Turning theory into practice!
So what does this mean, and how does it translate into setting an agenda
for action for you and your organization? We propose a three-step process
to achieve this.
Step 1 – Environmental scan
Step 2 – Match the environment to your own agenda
Step 3 – Develop a vision of full implementation of
this right
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Step 1 – Environmental Scan
Section three of this Toolkit provides a handy summary of the Convention
- a sort of ‘thumbnail sketch’ of each of the articles of the
CRPD. Review this summary and at the same time, think of the work that
your organization does, or would like to do, in the future.
Step 2 – Match the environment to your own agenda
Think a little more about what your organization is doing, or would like
to do. Connect that to the article that is most closely related to that
work. In the Ratification Toolkit DPI presented a helpful tool for this
type of activity called “SWOT Analysis.”
As we noted there, SWOT Analysis is an effective way of looking at your
environment and identifying the Strengths and Weaknesses, and of examining
the Opportunities and Threats your organization will face. In the context
of implementation of the new Convention, SWOT Analysis can also help focus
your activities in areas where your group is strong, and where the greatest
opportunities lie. SWOT will also help you determine areas of weakness
that you may either fix or work around in your efforts to implement and
monitor the Convention in your country.
Step 3 – Develop a vision of full implementation of this
right
Now that you have connected your work to a specific article in the CRPD , we suggest that you go to the treaty itself and carefully review the
article to see just what it says the right involves and how it should be
realized.
Build a Constituency for Change
As we noted in Section two, with the exception of Article 23 of the Convention
on the Rights of the Child, none of the core human
rights conventions even
mentions persons with disabilities. Although the human rights expressed
in those conventions certainly apply to persons with disabilities, governments
and society as a whole have not done a very good job of ensuring that persons
with disabilities fully enjoy their human rights.
At the same time, governments have not done a good job of reporting to
treaty monitoring bodies about how they are applying the various human
rights conventions to persons with disabilities. The monitoring bodies
in turn have not done a good job of asking for this information. As a result,
some people have noted that persons with disabilities have been effectively “invisible” within
the UN human rights system.
This “invisibility” has in turn made it difficult for disability
activists to get the UN human rights system to pay attention to disability
issues. It is anticipated that with the adoption of a convention specifically
addressing the human rights of persons with disabilities this situation
will change, by giving the system some legally binding human rights standards
that clearly apply to persons with disabilities. In addition, it is anticipated
that establishing a committee on the rights of persons with disabilities
will bring disability expertise into the international human rights system,
and then the other treaty monitoring bodies would be able to learn from
this body and start addressing disability issues in their own work.
Given all of these factors, the time is ripe to start reaching out to
groups and governments to begin getting them to pay more attention to disability
issues, and to do so in a rights-based framework.
Turning theory into practice!
Here again we offer three steps that stem from the rights-based vision
we asked you to develop in the previous section. They are:
Step 1 – Identify the objectives you will need to meet to realize
your vision
Step 2 – Identify activities that will help move your agenda
forward
Step 3 – Identify collaborators from the larger community
Step 1 – Identify the objectives you will need to meet
to realize your vision
How this evolves will depend on many different factors. Information from
the environmental scan and SWOT Analysis will be key to planning this wisely.
However, despite the variance from issue to issue, or from country to country,
it is always the case that the pursuit of a large goal or what we called
above, a “rights-based vision,” will involve a series of steps
along the way. For example, if your organization were to identify education
as its priority, then you would need to look at the factors involved in
ensuring equal access to education, including everything from teacher training
to accessible buildings and information, and many, many other things as
well. These are what we mean by objectives to meet your goal.
Step 2 - Identify activities that will help move your agenda
forward
As we noted at the beginning of this section, implementing a UN treaty
is a complicated and potentially overwhelming thing to attempt! There is
so much that can be done that in many cases, NGOs tend to focus only on
monitoring and the work of the treaty body, but in fact that is only a
small part of what implementation can and should be all about. We hope
that by now it is becoming clear that, while very important, treaty
body work and things like shadow reporting are only a part of how civil society
can implement the CRPD.
If all NGOs were to do was report on instances where education, as an
example, did not measure up to their “rights based vision,” this
would be important to note. However, it does not begin to take advantage
of all the opportunities presented by the new Convention for activities,
such as the development of resources to improve the quality of education
for governments and administrators, or training and the development of
resource materials to enhance the quality of education for students with
disabilities.
It is these later measures, like the provision of training or resources
that can be most effective in moving society closer to the goal of inclusive
and accessible education. It is also through these sorts of activities
that we can really begin to address the invisibility issue, which is often
at the core of many barriers faced by people with disabilities.
Step 3 – Identify collaborators from the larger community
Again, on this issue of invisibility, the CRPD offers a wonderful opportunity
to begin to reach out to groups beyond those with whom DPOs traditionally
work. Through the whole convention development process, DPI and many other
DPOs have begun to develop linkages with other human rights and equity
seeking organizations. Equally, our connections to governments have expanded
into areas where we had not been able to establish much useful contact
in previous efforts.
Once you have identified the areas that are important to your organization’s
agenda, and decided on the types of activities you wish to undertake to
achieve your goal or your “rights-based vision,” you should
think carefully about whom in the community is also a stakeholder on this
issue in question. From there you will need to determine who among this
group are likely to be your allies, and with this list in hand, you should
begin to approach others with your ideas and see if they are open to collaboration.
As noted above, the Convention development process was full of this type
of activity, and in many cases the results were very positive.
Perhaps the single best example of this is the collaboration with governments
themselves! Those of us involved in advocacy work are familiar with the
often adversarial relations between civil society and governments, but
the development of the CRPD was an exception to this and should serve as
an example as we move forward to the implementation stage.
Count your Successes and Setbacks
Finally, with the ABC’s of implementation we come to the point
of evaluation. Its essential to have a clear sense of what has worked and
what has not. Only with evaluation will your organization be able to learn
from its mistakes and emulate its successes. Evaluation and self-analysis
is the key to organizational growth and improvement.
There are entire books and websites devoted to evaluation and the many
important things to be considered. They go well beyond the scope of this
toolkit, and users are encouraged to seek out more information. Having
said this, a few key principles are worth noting here as being essential
for a good evaluation process. The following are taken and adapted from
the Royal Danish Ministry of Foreign Affairs Evaluation Policy, available
on line at
http://www.netpublikationer.dk/um/7571/html/chapter09.htm
These principles reflect the core values of effective evaluation work.
The guiding principles consider the fundamental expectations of both evaluators,
and the evaluation processes.
Independence – the evaluator’s judgments are not influenced
by pressure or conflict of interest. Evaluation team members must not have
been engaged in the activities to be evaluated.
Impartiality – the personal preferences of the evaluator do not
affect the evaluation. Evaluations must give a balanced presentation of
strengths and weaknesses.
Objectivity – the evaluation rests on verifiable findings of fact.
Judgments must be clearly separated from factual statements.
Transparency – features, issues and decisions significant to the
evaluation are identified and explained clearly.
Feasibility – the appropriate methodology and resources required
by the evaluation are available.
Propriety – the evaluation does not harm individuals.
Cost-efficiency – the evaluation is done at least cost.
Accuracy – the data do not contain errors of significance to the
evaluation.
Fairness – evaluations give a balanced presentation of strengths,
weaknesses and different views.
Credibility – the evaluation is conducted in such a way that the
results are believed.
Usefulness – the evaluative process and the information it produces
are utilized by users and stakeholders.
Click here to link to Toolkit Evaluation