May 15, 2018

To the CRPD Committee & OHCHR

Ms. Catherinne Pedreros: cpedreros@ohchr.org
Mr. Jorge Araya, Secretary of the Committee: jaraya@ohchr.org

ERPWDI, INC AND FESTAC-USA, INC Draft General Comment on article 4.3 and 33.3 of the convention on the participation of persons with disabilities in the implementation and monitoring of the Convention

Submission by: Disabled Peoples Organizations (DPOs)/Organizations for Persons with Disabilities (OPDs), called, Equal Rights for Persons with Disabilities International, Inc., (ERPWDI) (aka. Equal Rights for Persons with Disabilities Initiative) (ERPWDI) and FESTAC-USA, Inc and Public-Private Partners (P3)

Introduction:

NIGERIA is the World’s most populous black nation of persons with disabilities and equally the World’s most populous black nation of educated/lawyers with disabilities.

Therefore, Nigeria, who is the subject of our submission and comment on the Draft General comment on article 4.3 and 33.3, should have been in charge of leading the World’s black nations and African Union, in implementing the UN CRPD and SDGs, 2030 Agenda, and which we are progressively, repositioning to take up her place in the World’s History.

Our direct experience, from March 30, 2007, through May 11, 2018, advocating and negotiating for Nigeria, to sign, ratify and truly, implement the CRPD, Disability-Inclusive Development/National Annual Budgets and SDGs, 2030 Agenda, are perfect examples of how, invoking/using and failure to use, Article 4.3 and 33.3 in, “close consultation and active involvement of persons with disabilities, through disabled persons organizations (DPOs)/ organizations of persons with disabilities (OPDs), in the negotiations, development and drafting of the… ,“ (a) Nigerians with Disabilities Rights Bill, (b), selecting Nigerian candidate for the CRPD Committee elections, (c) electing national leaders, (d) data collection, “Had both positive and Negative impacts on its quality and relevance for persons with disabilities and also showed the power possessed by persons with disabilities.”

More than one decade after Nigeria, signed and ratified the UN Convention on the Rights of Persons with Disabilities (CRPD), Nigerians with Disabilities were not able to succeed, in advocating and negotiating with the government of Nigeria, to truly implement the Convention, by signing into law, Nigerians with Disabilities Rights Bill, pursuant to its Article 4. It is because, during years of several times of drafting, redrafting, and harmonizing of the bill, leaders of 25.5 million Nigerians with disabilities, knowingly or deliberately and intelligently, conspired with each other, and has failed, to comply by all mandates, set by article 4.3 and 33.3. They failed to form a Multi Stakeholder Ad Hoc Committee and a Nigerians with Disabilities Caucus (NDC), open for every interested person with disabilities, DPOs/OPDs, NGOs, CSOs, etc…, who wished to join, to join. Their Entire Advocacy and Negotiation were done under a strict secrecy, exclusive Society and closed doors. They involved a very few people, from the year 2007-2017, until we came back as CRPD experts and took over its implication leadership again. Huge positive results started happening again. In fact, we as the first Nigerian experts on the CRPD, were equally, completely excluded from all kinds of negotiations, drafting, redrafting and harmonization of the bill during those periods

Same kinds of excellent roles played by the members of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, IDA, RI, DPI, USICD, DPOs/OPDs and other members of the International Disability Caucus (IDC) are Needed for Successful advocacy and negotiation of the CRPD, Disability-Inclusive Development and Sustainable Development Goals (SDGs), 2030 Agenda. But to achieve it, initial members MUST use their gained experience, in engaging into, a Massive Training-the-Trainers of New Members who were not part of the Ad Hoc Committee or the then IDC, on the Article 4.3 and 33.3 in line with the CRPD/SDGs, 2030 Agenda. It was exactly, the system, we copied and applied that brought huge excellent results, in Nigeria today.

We wasted no time to invoke and apply our expert knowledge learnt, as members of, the Joint National Association of Persons with Disabilities In the Diaspora, USA, Rehabilitation International (RI)/United States International council on Disabilities (USICD), Disabled Peoples International (DPI), International Disability Alliance (IDA) and the then, International Disability Caucus (IDA) and Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities; and also, as the ONLY DPOs/OPDs and persons with disabilities the Federal Republic of Nigeria’s Ministry for Foreign Affairs and her Permanent Mission of Nigeria to the United Nations, New York, included, in their official delegations, to directly, represent over 25.5 Million Nigerians with Disabilities.

How applying Multi Stakeholders of People with Disabilities and Allies good practice in advocating and negotiating for the implementation of the CRPD, especially its article 4.3, 33.3, Disability-Inclusive Development and SDGs, 2030 Agenda successfully worked in Nigeria, within one year from June 12, 2017 to May 11, 2018, under the Public-Private Partnership (P3). (47)

Success stories started happening again from, June 12, 2017 to date, when we called on, Kpakpando Foundation for Persons with Disabilities, to lead us, in organizing and forming a Multi Stakeholders, Nigerians with Disability Caucus (NDC) for a one Session Ad Hoc Committee on the Nigerians with Disabilities Rights Bill, open for any interested Nigerian with Disabilities, DPOs/OPDs or CSOs/NGOs, etc…, to Join; and also in co-sponsoring our Multi Stakeholders CoSP10 Side-event, at the UN Headquarters, New York; TITLE: “Nigerian/African Diasporas and Presidency’s Office Role in Breaking Barriers, placed on the CRPD, Disability-Inclusive Developments/SDG.”

In the Morning of June 12, 2017, we first held a very successful diplomatic meeting with the staff of the Third Committee and Head of Chancery, Permanent Mission of Nigeria, to the United Nations, which opened wide doors to the success we achieved today. Please note that our initial success stories started here, which resulted into Nigeria, signing and ratifying the CRPD. We were fully included into decision making by our permanent mission of Nigeria, during years of Ad Hoc Committee, adoption, signature signing ceremony and entry into force.

On June 12, 2017, we held a very successful high-level diplomatic meeting with the UN DSPD/DESA and on June 15, 2017, they wrote a follow up official letter through the Permanent Mission of Nigeria to the UN, which opened wider doors to success achieved today by our Multi Stakeholders Nigerians with Disability Caucus (NDC).

On November 20, 2017, supported by the, Plateau State Government, Office of the First Lady of Plateau State, Office of the Senior Special Adviser to the Plateau State Government on Women Affairs and Social Development, Secretary, Plateau State Disability Rights Commission under his individual capacity, Awka Capital Territory Development Authority (ACTDA), Anambra State Government, Ministry for Environment of Anambra State and Kpakpando Foundation, Platinum Projects and our Public-Private Partners (P3), we held a very successful, diplomatic, meeting with the UNDP-Nigeria, Country Director, to discuss Disability-Inclusive Development and SDGs, 2030 Agenda. We are working on our outcome documents for the meeting and ways forward.

We made huge history by signing the first Nigeria’s/Africa’s Lake Chad Basin Nations (Chad, Republic du Niger and Cameroon), Disability-Inclusive, Public-Private Partnership (P3) Agreement with the Plateau State Government, The First Lady of Plateau State, Office of the Senior Special Adviser to the Plateau State Government on Women Affairs and Social Developments, Anambra State Government, Awka Capital Territory Development Authority, Kpakpando Foundation and other DPOs/OPDs, NGOs/CSOs. We rejoiced when the UN DSPD/DESA in collaboration with the IDA, approved, “Roundtable One: National fiscal space, public-private partnerships and international cooperation for strengthening the implementation of the CRPD,” to be one of the Themes of the CoSP11.

On February 28, 2018 and March 14, 2018, respectively, Kpakpando Foundation, in collaborations with Equal Rights for Persons with Disabilities International, Inc and our same Public-Private Partners (P3), who held the June 12, 2017, UN DSPD/DESA high-level meeting and Side Event, TITLE: “Nigerian/African Diasporas and Coalition Breaks a Decade Permanent Barriers, placed on the CRPD, Disability-Inclusive Developments/SDGs,” successfully, started their implementations by holding two different high-level diplomatic meetings with both the Senate President and Hon. Speaker of the House of Representatives.

On March 28, 2018, the Senate President successfully, harmonized the Nigerians with Disabilities Rights Bill and passed it on to H.E. President Muhammadu Buhari, to sign into law with an independent Implementation Commission, as he promised to do within 30 days, from February 28, 2018. (45)

On May 11, 2018, kpakpando Foundation also leading our Stakeholders, Nigerians with Disability Caucus, succeeded in negotiating with the Hon Attorney General of the Federation and Minister for Justice who approved that the president will be signing the Nigerians with Disabilities Rights Bill into law. After one decade without any positive result (s), Nigeria finally agreed, to sign into law, Nigerians with Disabilities Rights Bill with an independent Implementation Commission. We will need more outside help to finalize this promise.

We are working on inaugurating our Disability-Inclusive Economic Developments Summits and SDGs, 2030 Agenda, Public-Private Partnership (P3) agreements with the Plateau State Government, Anambra State Government, Kpakpando Foundation and other P3 on or before the end of 2018, and which will be broadcasted through nationwide and www live webcast, so that more Nigerians with Disabilities, who will not be able to attend the event at venues can participate throughout the 36 states of Nigeria and Federal Capital Territory (FCT), pursuant, to Article 4.3 and 33.3. Three of them will be taking place at Jos, Plateau State, Awka, Anambra State and Owerri, Imo State of Nigeria.

We are also, working on holding a multi Stakeholders one Session Ad Hoc Committee for the signing of the Nigerians with Disabilities Rights Bill, into law soon; and a capacity building, Training-the-Trainers on the UN DSPD/DESA Tool-kit for Africa on the CRPD, etc…, during same time, which will be broadcasted through nationwide and www live webcast, so that more Nigerians with Disabilities, who will not be able to attend the event at venues can participate throughout the 36 states of Nigeria and Federal Capital Territory (FCT), pursuant, to Article 4.3 and 33.3. The main event will be taking place at Abuja, Nigeria.

Equal Rights for Persons with Disabilities International, Inc, is a State of Texas Registered, United States IRS 501 (c) (3), Tax Exempt, and UN DSPD/DESA and UN ECOSOC Accredited Disabled Peoples (DPO)/Organization for Persons with Disabilities (OPD), Accredited Civil Society Organization (CSO). We are also, registered As, Equal Rights for Persons with Disabilities Initiative by the Nigerian Corporate Affairs Commission.

FESTAC-USA, Inc is a State of Texas Registered, United States IRS 501 (c) (3), Tax Exempt, and UN DSPD/DESA Accredited Disabled Peoples (DPO)/Organization for Persons with Disabilities (OPD), Accredited Civil Society Organization (CSO).

We were the ONLY Nigerian DPOs/OPDs/CSOs, who directly, successfully, advocated and negotiated with the Federal Republic of Nigeria’s President Olusegun Obasanjo, Late President Umaru Musa Yar’adua and President Goodluck Jonathan, to sign and ratify the UN Convention on the Rights of Persons with Disabilities And its Accompanying Optional Protocol, on March 30, 2007 and September 24, 2010, respectively.

The worst Barrier placed on article 4.3 and 33.3, are leaders for 25.5 million Nigerians with Disabilities because of lack of peace and unity, true collaboration, networking or working together, timely planning and execution, consistency and advocacy and negotiation, selfishness and greed. It was tough and stressful breaking these barriers and we have to do it to achieve this May 11, 2018, success.

Suggestion: True applications of Disability-Inclusive Multi Stakeholders collaborations, Ant-Networking, or working together, being truthful or honest, dedication, timely planning and execution, and Public-Private Partnerships (P3) among Ad Hoc Committee, IDA, DPOs/OPDs, CSO/NDOs, UN DESPD/DESA, OHCHR, UN and her Agencies, members of State Parties, etc…, and the then, IDC members, without minding about their colors, religious affiliations, continents and nationality of origins, genders, different languages and writings, and disability clusters/types, were part of what brought huge very successful, results for this Human Rights Treaty of the 21st Century’s adoption and entry into force. “Effective and meaningful participation of persons with disabilities, through DPOs/OPDs, thus at the heart of the Convention, has disappeared.

Close monitoring of state parties during nomination of CRPD Committee Candidate is very important because they always put candidates of their choice without consulting persons with disabilities before submitting names. This is a very serious issue that we suggest to be discussed on June 11, 2918 because state parties always end up nominating those that will work for their interests, instead of working for the interest of persons with disabilities. This become added barriers, placed, on true implementation of the CRPD, Disability-Inclusive Development and SDGs, 2030 Agenda.

Therefore, We humbly and respectfully, suggest that members of state parties should bring this back for its successful implementation because they allowed it to disappear, which drastically, slowed down achieving same kinds of initial success stories.

References: UN DSPD/DESA, OHCHR, IDA, ADF, CADUS-USA

For More Information, please contact;

Chief Eric Ndubueze Ufom, President/CEO

erpdi@yahoo.com

Mr. Frances Okeke, Board Chairman

fcokeke@gmail.com

Mrs. Ngozi Pauline Ikebuaku, Executive Secretary

ikebuakungozi@yahoo.com

Iyom Lady Beatrice I. Oni-Orisan, Executive Director (Nigeria)

ifytola@gmail.com

Comr. Tom Chidi Iwotor, PRO/Programmer

Tomchidi25@gmail.com

Uche Helen Okafor, Medical Director

Helenokafor56@yahoo.com

See A/AC.265/2004/3; General Assembly resolution 57/229, paras. 12 and 13; See Report of the Special Rapporteur on the rights of persons with disabilities, The right of persons with disabilities to participate in decision-making, para. 13-16, 12 January 2016, A/HRC/31/62.