Chapter 9: CRPD Chapter

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Convention on the Rights of Persons with Disabilities (CRPD)

Introduction

The country’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) has made the government the primary duty bearer for the promotion and protection of human rights of persons with disabilities (PWDs). As the 23rd country that ratified the treaty on April 15, 2008, it is the Philippine government’s obligation to ensure that all its instrumentalities comply with the provisions of the CRPD, and that all stakeholders especially the sector of PWDs are fully informed of the implications of the aforesaid instrument. Administrative Order (AO) 163 and Article 33 of the CRPD mandates the establishment of a coordination mechanism within government to facilitate actions related to disability matters. To promote, protect and monitor implementation of the CRPD, the National Council on Disability Affairs (NCDA) as the central government agency that coordinates policies and programs for the empowerment of the sector of persons with disabilities, has been tasked to lead in the formulation of the CRPD thematic chapter in the 2nd Philippine Human Rights Plan (PHRP II).

To fulfill this obligation, the NCDA has spearheaded consultations in the sixteen (16) regions of the country that involved duty-bearers and claimholders identifying and prioritizing the human rights agenda used as basis in the formulation of the CRPD Chapter of the PHRP II, which shall serve as framework in the implementation of rights-based programs and activities to achieve a better standard of living for Filipinos with disabilities. Further, the CRPD Chapter of the PHRP II will guide duty bearers and claimholders to monitor and evaluate the country’s compliance of the provisions of the CRPD.

For purposes of the PHRP II, Persons with Disabilities (PWDs) are those who have long term physical, mental, intellectual or sensory impairments which may hinder their full and effective participation in society, consistent with Article 1 of the CRPD.

The priority human rights agenda identified by the PWD sector vis-à-vis the provisions of CRPD are the following:

(1) Access to Physical Environment (including public transport and information and communication technology as guaranteed under the General Principles (Article 3), Accessibility (Article 9), Personal Mobility (Article 20);

(2) Pursuit of economic development which includes the right to equal

opportunity (Article 39), Equality and Non-Discrimination (Article 5), right to live independently and being included in the community, right to work and employment (Article 27), and right to adequate standard of living and social protection (Article 28);

(3) Advancement of women with disabilities (Article 6) and children with

disabilities (Article 7);

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(4) Access to health service, equal recognition before the law and access to

justice, which includes equal recognition before the law (Article 12), access to justice (Article 13), right to health (Article 25) and right to habilitation and rehabilitation (Article 26);

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SECTION 1 Strategic Treaty Indicators

Thematic Objective 1: To harmonize national and local legislations including administrative orders, policies and guidelines with the UN-CRPD for the creation of an inclusive, barrier-free and a rights-based environment.

The first set of treaty indicators under this thematic objective are as

follows: National/local legislations with corresponding implementing rules and regulations; Administrative issuances that are specific and comprehensive in scope for the benefit of persons with disabilities (PWDs).

Relative to the foregoing, identified as accountable agencies for this set

of indicators are the National Council on Disability Affairs (NCDA), Congress, concerned government agencies and local government units (LGUs).

The second set of indicators for this thematic objective includes:

Statistical data on disability; and, Inventory of local legislation that affect PWDs.

Statistics and disaggregated data on disability are essential in policy

formulation and program/project development on disability. These shall aid legislators and other policy makers to pursue the thrust on disability-inclusive development.

Accountable agencies for this set of indicators are the National Statistics Office (NSO), DOH-NCDA, NCDA-COMELEC, the NCDA, other government agencies and instrumentalities.

The third set of indicators for this thematic objective is mechanisms to ensure the inclusion of PWDs in the decision-making processes of government at all levels.

These indicators are in consonance with Articles 3, 29 and 30 of the CRPD.

Accountable agencies for the foregoing set of indicators are: NCDA, National Economic and Development Authority (NEDA), Philippine Commission on Women (PCW), National Youth Commission (NYC), National Anti-Poverty Commission (NAPC), Council for the Welfare of Children (CWC) and Disabled Peoples Organization (DPOs).

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Thematic Objective 2: To mainstream human rights standard in infrastructure development to enhance accessibility of the PWDs to physical environment, taking into consideration cultural adaptability.

The treaty indicator for this thematic objective are government structures and utilities compliant with the CRPD and BP 344.

Relative to the foregoing, it is required that all government structures and utilities in urban and rural areas are designed, constructed, audited and retrofitted according to the Universal/Inclusive Design in compliance with CRPD and BP 344.

As embodied in BP 344 or the Accessibility Law, LGUs are responsible in ensuring its implementation in their respective jurisdictions and the participation of persons with disabilities in the design and construction stages of new facilities for public use as well as in the validation of compliance through the creation of access monitoring teams.

Regional and District Engineers of the DPWH should be regularly

oriented on the implementation of the Accessibility Law and the adoption of a Universal Design in all establishments. Similar orientation should be provided to Local Building Officials to equip them in monitoring the compliance of government and private establishments for public use.

Relative to the foregoing, the Department of Transportation and

Communications (DOTC) shall ensure that MRT and LRT stations are accessible to persons with disabilities; while the Land Transportation, Franchising & Regulatory Board (LTFRB) shall intensify their campaign on the accessibility of public utility vehicles. The National Computer Center (NCC) on one hand, shall design programs and projects to ensure the accessibility of information and communication technology facilities directed to the general public.

Identified as accountable agencies are the following: the Department of

Public Works and Highways (DPWH); Department of Transportation and Communications (DOTC); National Computer College (NCC), Land Transportation, Franchising & Regulatory Board (LTFRB) and the National Council for Disability Affairs (NCDA)/ Regional Council for Disability Affairs (RCDA), Disabled Peoples Organizations (DPOs) and Civil Society Organizations (CSOs).

Thematic Objective 3: To popularize UN-CRPD and PHRP II using mass media to enhance accountability in the Executive, Legislative and Judicial branches of government, as well as to inform persons with disabilities (PWDs) and the general public.

Mechanisms to popularize UN-CRPD and PHRP II are the indicators for

this thematic objective.

This will include the establishment of inter-agency coordination committees and other mechanisms through which media information officers of national and local agencies, PWDs and DPOs may participate.

Identified as accountable agencies for this indicator include the NCDA,

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NCC, National Historical Institute (NHI), LGUs and DPOs.

Thematic Objective 4: To sensitize communities on the condition of PWDs and enhance their acceptance thereof.

Indicators for this thematic objective are:

No. of LGUs compliant with CRPD standards; No. of line agencies and local counterpart compliant with CRPD

standards; No. of courts compliant with CRPD standards; No. of PWD mechanisms compliant with HR standards.

The indicators require the use of human rights standards to test the

sensitivity and acceptance of the communities of PWDs. Thus, these shall be in conformity with the Human Rights-Based Approach (HRBA) which is a developmental vision towards the universal realization of human rights and freedoms, to include those of the PWDs. It facilitates and integrates the implementation of human rights standards and operates through a deliberate mainstreaming of human rights principles, norms, standards and practices. It further enhances existing program methodologies and puts the poor, the marginalized and the vulnerable at the core of policy and the focus of capacity development strategies. Finally, it enhances the accountability of duty-bearers.

Accountable agencies identified are the following: the NCDA, DILG, LGUs

and other government agencies/instrumentalities.

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SECTION 2 Thematic Baseline and Situationer

Consultations in the regional level up to the national level involving PWDs highlight four (4) areas of priority anchored with the concept of disability-inclusive human rights based approach (HRBA) to development. Information on existing programs, projects and activities of government agencies were also gathered to give a better picture of the relationship between the State and the PWD sector. This will serve as baseline information in strengthening policy, projects and activities geared towards fulfillment of these rights.

Thematic Objective 1

The existing laws that comprise the policy and administrative

framework for PWDs are as follows: (1) The Accessibility Law (BP 344) which was signed on February

25, 1983 which promotes the creation of an accessible physical environment through the elimination of obstacles and barriers to indoor and outdoor facilities for public use;

(2) The Magna Carta for Disabled Persons (RA 7277) signed on

March 24,1992 and amended by RA 9442 on April 2007, which made into law the rights of persons with disabilities (PWDs) on employment, education, health, auxiliary social services, telecommunications, accessibility and political and civil rights while the amendments focused on the privileges and incentives of persons with disabilities and their deliverance from public ridicule and vilification;

(3) Republic Act No. 9442 was enacted on April 2007 amending RA

7277, providing therewith privileges and incentives for persons with disabilities availing various goods and services. Further, RA 9442 includes penal provisions on inciting public ridicule and vilification;

(4) Republic Act No. 9288 enacted on April 07,2004 provides for a

national system ensuring Newborn Screening for inheritable deficiencies which may lead to disability or death;

(5) Republic Act No. 9709 enacted on August 12, 2009 establishes a

Universal Newborn Hearing Screening Program for the prevention, early diagnosis and intervention on hearing loss;

(6) Republic Act No. 10070 enacted on April 06, 2010 provides for

the establishment of an institutional mechanism to ensure the implementation of programs and services for persons with disabilities in every province, city and municipality. The law

(7) The Local Government Code of 1992 (RA 7160) which provides

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autonomy for local government units (LGUs) to enact policies, resolutions and ordinances, and allocates budget for the community that includes programs for PWDs.

Further, the following mechanisms for PWDs are included in the

national/local disability policy decision-making process: (1) The NCDA governing board includes in its composition

representation from the persons with disability sector. Membership include representatives from NGOs with national network on persons with disabilities, PWDs representing legitimate DPOs and representatives from civic groups and cause-oriented organizations concerned with the welfare of PWDs. The various sub-committees which carry out policy, program formulation as well as activities directed to various facets of PWD needs are composed of member agencies and representatives from organizations of and for persons with disabilities;

(2) National Anti-Poverty Council wherein PWDs are identified as

one of the vulnerable sectors;

(3) Council for the Welfare of Children, organizations of parents of children with disabilities are also represented in the Council for the Welfare of Children Sub-Committee on children with disabilities.

At the regional level, through the Regional Committee on Disability

Affairs (RCDA), representatives from organizations of PWDs, parents of children with disabilities & women with disabilities are engaged.


The condition of PWDs is supported by the following statistics: The

World Health Organization (WHO) estimates the prevalence of 10 percent of PWDs in any country. From 1980-2000, the National Council on Disability Affairs (NCDA), National Statistics Office (NSO), Department of Health (DOH), and the University of the Philippines – College of Public Health have been undertaking several initiatives in the collection of data of PWDs. Each entity yielded disparate, non-comparable results; in 1980, the NCDA (formerly known as the National Commission Concerning Disabled Persons), survey yielded 4.4 percent with persons with disabilities; in 1995 the NSO survey showed 1.3 percent; in 1997 the DOH registry accounted 0.76 percent and in 2000, NSO yielded 1.23 percent.

Further, the findings on “Perspectives on Disability and Health”

discussed in the National Disability Summit conducted by the NCDA in September 2009 showed the following:

(1) Co-morbidity is associated with more severe disability and

complicates rehabilitation; (2) High disability rates are associated with low birth weight, low

immunization coverage and poor nutritional status. Accordingly,

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500,000 children annually lose their vision due to Vitamin A deficiency;

(3) Child labor and maltreatment can lead to mental illness and

physical & psychological disabilities; and

(4) Every minute, more than 30 women are seriously injured or disabled during labor (14-50 million per minute)

On Habilitation and Rehabilitation, RA 1179 the “Vocational

Rehabilitation Act” signed into law on June 19,1954 provides for the promotion of vocational training for the blind and other persons disabled by natural and/or accidental causes resulting in job handicap, in the form of physical or mental impairment. The law provides for their rehabilitation and return from dependency to active participation and contribution to the society.

DSWD Memorandum Circular 1-2008 provides guidelines on the

Comprehensive Program for PWDs. The aforesaid Memorandum Circular provides for Community Based Services such as prevention, restoration and rehabilitation services which encompass employment, education, family support and others. It also contains provisions of Center Based Services mentioned earlier in Article 16 of this report.

The DSWD maintains non-residential facilities for persons with

disabilities. These facilities are operated to train PWDs in various socio-economic activities that will help them to live an independent and productive life. The facilities which the DSWD maintains have housed a number of persons with disabilities in 2010: Rehabilitation Sheltered Workshop (RSW) 55 residents; National Vocational Rehabilitation Center (NVRC) 93 residents; Area Vocational Rehabilitation Center I (AVRC) in Region I 86 residents; Area Vocational Rehabilitation Center II (AVRC) in Region VII 134 residents; Area Vocational Rehabilitation Center III (AVRC) in Region IX 82 residents.

Other residential care facilities operated by the DSWD which provide

care and rehabilitation services to PWDs include (a) Elsie Gaches Village for abandoned and neglected children with disabilities; (b) Marilac Hills for abused young girls from ages 7-17; (c) Haven for Women provides care to female residents from 18 years old-above, who are recovering from psychosis and other mental challenges due to trauma brought about by experiences of sexual, emotional or physical abuse and exploitation.

The BIWAKO Millennium Framework (BMF) of the UN Economic and

Social Commission for Asia and the Pacific (ESCAP), a high level inter-governmental framework adopted by the Philippines in 2003 through the National Plan of Action for the Asia-Pacific Decade (2003-2012) of PWDs, stressed that self-help groups (SHGs) of PWDs and related family and parent associations are the most qualified, best informed and most motivated to speak on behalf of persons with disabilities on issues like proper designing and implementation of policies, legislations and strategies. It further states that the development of a democratic and representative disability movement is one way to help ensure that government provision is appropriate to the needs and rights of persons with disabilities.

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The monitoring report submitted by the Department of Public Works

and Highways (DPWH) in 2006 showed very low compliance with the Accessibility Law. Out of the 6,335 buildings and facilities inspected nationwide, only 4.15 percent of government buildings and 4.5 percent of private establishments complied with BP 344.

In another consolidated access audit report conducted in 2010, DPWH found that only 1,291 out of 6,285 monitored buildings were found to be compliant with BP 344. DPWH issued a memorandum dated July 12, 2010 on access audit of government buildings. Through the Memorandum, DPWH notes that a total of PHP 687,000,070.00 is needed to cover cost for full compliance of audited buildings.

In order to address the cost of implementing the recommendations, the

DPWH proposed that funds be sourced out from the national government for maintenance, repair and rehabilitation of buildings or from any available funds for Gender and Development. DPWH also recommended the following courses of action:

(1) All Regional and District Engineering Offices are directed to

conduct comprehensive audit of all government buildings/structures in their areas of jurisdiction to determine whether these are compliant with the provisions of BP 344;

(2) For those structures that are found not compliant, Regional

District Engineering Offices are directed to make recommendations as to the accessibility facilities needed to be installed/constructed with corresponding estimates;

(3) Per DPWH Secretary’s directive and considering that the

recommended amount cannot be released for one year, all DPWH Regional Directors (thru a Memorandum) are directed to prepare program/s for 3 to 5 year timeline to attain the target goal of 100% compliance for the audited buildings found not compliant.

The DPWH issued Department Order No. 21 s.2009 on April 27, 2009 to

ensure that accessibility facilities and features are already incorporated in the design plans, program of work, with detailed cost estimates for new infrastructure projects. DPWH Regional District Engineering Offices however failed to receive from the Department of Budget and Management (DBM) the necessary funding for the foregoing. In view of which, the agency has taken the following courses of action:

(1) That the aforesaid Department Order ensures that for new

infrastructure projects, accessibility facilities/features are already incorporated in the design plans and corresponding program of work with detailed cost estimates;

(2) That the Department Order prescribes guidelines relative to

the identification of programs/activities/projects for persons

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with disabilities on existing infrastructure projects and allocation of funds as well as its documentary requirements (i.e. approved design Plans, approved plan of work/detailed cost estimates).

Furthermore, the DPWH issued Department Order No. 37 s.2009 in

August 26, 2009 to ensure that all structures, buildings and facilities comply with the said issuance.

Relative to the foregoing are administrative issuances that supplement

the Accessibility Law: (1) Philippine Health Insurance Corporation Circular No. 50

(November 10,2009), “Benchbook Standards” Sections 2.2.1.c.i and 2.1.2.e.1, which ensures that health care providers comply with the Accessibility Law to enable persons, especially those with physical disabilities or who use mobility aids, to easily enter and go around their premises/facilities to access the facility’s services. The provision is a requirement for accreditation for both public and private hospitals;

(2) Bangko Sentral ng Pilipinas (BSP) issued to banks and non-

bank financial institutions under their regulation and supervision, a Circular Letter dated 18 December 2003 reminding institutions of the provision of BP 344 among the regulations for compliance under Subsection X160.10 of the Manual of Regulations for Banks and under 4657P and 4157N, and Subsections 4651Q.9 and 4657s.9 of the Manual of Regulations for Non-Bank Financial Institutions. Said sections and subsections provide that license or permit to construct, repair or renovate public and private buildings will not be issued unless structural facilities or features that enhance the mobility of disabled persons are provided;

(3) Section 34 of the General Appropriations Act (GAA) of 2010

reads “all government facilities, including infrastructure, non-infrastructure and civil works projects of the government, as well as office buildings, streets and highways, shall provide architectural facilities or structural features and designs that shall reasonably enhance the mobility, safety and welfare of persons with disabilities pursuant to BP 344 and RA 7277.”

In the aspect of transportation, the Department of Transportation and

Communications (DOTC) issued Special Order No. 2007-77 on May 11, 2007 establishing the DOTC Task Force on Accessibility. The aforesaid issuance was later on amended by DOTC Special Order on 2009-113, issued on September 08, 2009. The Task Force is headed by the DOTC Office of Transportation Cooperatives with members from the Philippine Ports Authority, Maritime Industry Authority, Civil Aeronautics Board, Civil Aviation Authority of the Philippines, Land Transportation Office, Land Transportation Franchising and Regulatory Board, Light Rail Transit Authority, Metro rail Transit, Philippine

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Coast Guard, Philippine National Railways and national Telecommunications Commission. The Task Force is assigned to perform the following:

(1) Coordinate all activities/commitments on accessibility pursued by the DOTC ;

(2) Ensure the representation of the DOTC to meetings, fora,

seminars, conferences and activities of the National Council on Disability Affairs (NCDA) Sub-Committee on Accessibility of Built Environment and Transportation, Sub-Committee on Information Communication and Technology, Inter-Agency National Working Committees, NCDA-Japan International Cooperation Agency Non-Handicapping Environment and NCDA Board;

(3) Prepare the Status/Accomplishment Reports in connection

with the issues brought about by the previous activities;

(4) Monitor, survey and conduct ocular inspections relative to the provisions of BP 344 and RA 7277;

(5) Prepare all necessary requirements requested by the NCDA,

National Government Agencies (NGAs), Local Government Units (LGUs), NGOs and PDOs, to the Office of the DOTC Secretary;

(6) Prepare all necessary funding requirements of persons with

disabilities (PWDs) as part of DOTC’s contributions and advocacies;

(7) Prepare annual accomplishment report to the NCDA in

connection with the National Decade Plan for Persons with Disabilities 2003-2012;

(8) Prepare the projects, programs and funding requirements of

the DOTC attached and sectoral agencies for the implementation of BP 344 and RA 7277.

On public utility vehicles, the Land Transportation Franchising and

Regulatory Board (LTFRB) issued Memorandum Circular 2010-023 dated May 29, 2010 reiterating the provisions of BP 344, RA No. 7277 and RA 9442. The Memorandum has guidelines in putting designated seats for persons with disabilities (PWDs).

On public railway transit, it is required that there should be one (1)

designated coach per train for PWDs, elderly, pregnant women and children in order to give them access to such mode of transportation.

The accessibility of sea port facilities is an issue that is currently being

addressed. With regard to airport facilities, 8 of the 10 international airports in the country together with 2 domestic airports (Iloilo and Bacolod) are said to be compliant with BP 344.

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On the issue of information and communications technology being

accessible to PWDs, there are ongoing efforts of the government and the private sector to ensure the same. In relation to the foregoing, the Philippine Web Accessibility Group, helps in the advocacy of making information technology (IT) accessible to PWDs.

Further, the NCDA and the NCC collaborated and issued Joint Circular

No.1 series of 2010, dated June 29, 2010. The Joint Circular instructs all agencies and instrumentalities of the executive branch of the government to make and adopt accessible website designs. The same Circular clearly states the design guidelines as recommended by the Philippine Web Accessibility Group and the guidelines on training as well as the source of funds for the program.

Although efforts are already in place in promoting accessibility of

infrastructure, transportation and information communication technology, the challenge of furthering this endeavor is yet to be hurdled by the government agencies together with the private sector and the PWD sector.


In 2009, the Department of Education (DepEd) reported that only

about 2 to 3 percent of children with disabilities (CWDs) have access to primary education. The same report also showed that there is a large number of CWDs who are drop-outs from formal schools, even before completing the intermediate level. Furthermore, there are only 3,473 Special Education teachers vis-à-vis 794 SPED centers/classes in the 17 regions of the country with 63,000 CWDs.

The 2009 publication, “Local Manual on Community-Based

Rehabilitation (CBR)” indicated that aside from the statistical reports, children with disabilities have been excluded from schools because most teachers say that they (teachers) do not know how to teach children with disabilities, while other parents’ think that children with disabilities would adversely affect their own children’s performance and may give poor impression of the teacher and the school.

The Department of Social Welfare and Development (DSWD) issued

Administrative Order (AO) 61 series of 2003, implementing “Tuloy-Aral, Walang Sagabal Program,” which offers psychiatric, physical and medical examination, counselling, early intervention activities, occupational therapy, physical therapy, case management and provision of assistive devices for special cases. The implementation of the program has been turned over to the LGUs.

The DepEd is conducting a multi-year program known as the “Special

Education Caravan.” The program ensures that educational services for PWDs are brought in communities that they reside. Primarily an awareness raising program, the “Special Education Caravan” performs capability building to direct partners. The Caravan has been conducted in Regions I and II with the participation of 65 schools therein, with 800 teachers, administrators, supervisors, parents and representatives from LGUs, DSWD, DPWH and DOH

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taking part in the said undertaking. A total number of 750 children with disabilities were located and assessed in the said Special Education Caravan.

Distance Education Program (DEP) is also being employed by the

DepEd to serve children with disabilities who could not go to school due to distance from their homes. Modules are then made available for the family members, relatives and volunteers who are involved in the education of the child. Pilot implementers of this program are from Quezon and Laguna provinces, with twenty-five (25) and twenty-seven (27) trained participants in the DEP respectively.

On secondary education, DepEd Order No. 50, s.2010 “Strengthening

Special Education Program at the Basic Education Level,” was issued on May 17, 2010. The Department Order aims to strengthen the Special Education program at the secondary level by providing financial support to 222 regular secondary schools offering special education program.

DepEd Order No. 116 s.2010 was issued on December 08, 2010 to

revise guidelines on the utilization of the financial support fund to the secondary schools under the Special Education Program with reference to Department Order No. 50 s.2010. An amount of 500,000 pesos was allotted for each of the 43 secondary schools that submitted the enrolment data per requirement in the Department Order No. 5 s. 2010. Fifty percent of the amount of the financial support will be released automatically beginning school year 2011-2012, while the

balance shall be computed based on the number of enrolees upon submission of

enrolment report for school year 2011-2012.

On higher education, the Commission on Higher Education (CHED) issued a memorandum to all public and higher education institutions to comply with reasonable accommodation for PWDs. Commission on Higher Education Memorandum Order 23 s.2000 entitled “Quality Education for Learners with Special Needs” has the following provisions: (a) Public (higher) educational institutions shall admit all learners with special needs whether in academic, vocational or technical courses and other training programs, except those whose facilities do not warrant additional enrolees. Private (higher) educational institutions meanwhile are encouraged to do the same as part of their educational services to qualified tertiary level students with special needs; (b) Teacher-training institutions are enjoined to include special education courses at the undergraduate institutions and graduate levels of education and in other related areas and to offer scholarship programs to qualified Special Education teachers whenever possible in coordination with the CHED and other government and non-government agencies; (c) To provide facilities as minimum requirements for persons with visual impairment, sensory and tactile materials, Braille books and record materials, Braille writing, painting and reading machines, orientation and mobility equipment for persons with hearing impairment, group or individual hearing aids, speech trainers, tape recorders and speech or language kit containing auditory and language training materials; for persons with orthopaedic impairments, the requirements provided in the Accessibility Law (BP 344) including adjustable desks or chairs and adopted physical education apparatuses; for students with intellectual disability, facilities, equipment and instructional materials for developing skills in self-care, socialization, motor, cognitive and pre-vocational and vocational training;

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for other types of learners with special needs such as those with behavioural problems including those with autism, those with learning disabilities and those with multiple disabilities, instructional devices and equipment for behavior modification, perceptual motor training, daily living skills, language and speech/cognitive skills development.

The Commission on Higher Education (CHED) also disseminated

Memorandum Order No. 21 s.2006 where section 32.10 “Services for Students with Special Needs” provides that academic accommodations is made available to persons with disabilities and learners with special needs.

The CHED, in partnership with the NCDA, developed a set of guidelines

in the Admission of Students with Disabilities in Higher Education and Post Secondary Institutions. The foregoing guidelines aim to provide information among school personnel on how to respond to the needs of students with disabilities. Further, various student financial assistance programs may be availed of by students with disabilities through the assistance of CHED.

On Non-Formal Education (NFE), the DepEd’s Bureau of Alternative

Learning System (BALS) has an Alternative Learning System (ALS) program for out-of-school youth and adults with disability. It aims to provide PWDs with ALS programs through the use of sign language and Braille. In fact, special education programs for the hearing impaired have been designed and implemented. To complement the aforesaid programs, Basic Literacy Learning Materials have also been converted in Braille format.

The DepEd’s Bureau of Alternative Learning System (BALS) is also administering the Alternative Learning System Accreditation and Equivalency Test. This program is being offered to successful examinees with a certification of learning achievements in primary and secondary levels. The test targets Filipino out-of-school youth and other sectors such as the unemployed and underemployed adults, members of cultural minorities, inmates and PWDs. Examinees are prepared for the Alternative Learning System Accreditation and Equivalency Test through a Learning Support Delivery System. Learning Support Delivery System is a learning intervention designed to help equip the prospective examinees with the necessary competencies in preparation for the test. The passer is also able to access skills trainings provided by other GOs and the opportunity of acquiring eligibility for government employment positions.

A manual for day-care workers regarding inclusive education is also

under development. The manual is a collaborative effort amongst the NCDA, DSWD, DepEd and other stakeholders. Thematic Objective 4

A National Disability Summit (NDS) was held in September 2009.

During the Summit, the National Economic and Development Authority (NEDA) reported that 40% of PWDs live under the poverty line and 18% do not have monetary income. Furthermore, based on the data gathered on employed PWDs, 41% are self-employed, 23% work in private firms, 13% earn as self-help groups, and 12% work in public organizations.

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Equal opportunity for employment is a challenge for all duty-bearers and stakeholders. Section 5 paragraph 2 of the Magna Carta for Disabled Persons (RA 7277) provides that one (1) percent of all casual, emergency and contractual positions in the DSWD, DOH and DepEd and other government agencies, offices or corporations engaged in social development shall be reserved for PWDs. The NCDA is pushing for the amendment of this provision; Further, the NCDA proposes that one (1) percent of all positions in all government agencies including government owned corporations and financial institutions, state universities and colleges and LGUs be reserved to qualified PWDs.

The amendment also includes provisions for the state to enjoin the

private sector to reserve at least one (1) percent of all positions in their respective businesses to qualified PWDs as part of their corporate social responsibility (CSR).

A number of programs have been implemented to address the plight of

persons with disabilities in self-employment and employment in the regular market. The DSWD’s Self-Employment Assistance-Kaunlaran program which is a capability building program to enhance the socio-economic skills of poor individuals and families through the organization of community-based associations for entrepreneur development. Many recipients of the program are persons with disabilities. A total of 65,408 and 6,638 recipients of the program were accounted for the years 2009 and 2010 respectively. However, the number of PWDs who availed of the program was not further disaggregated.

The DSWD also maintains four (4) Rehabilitation Centers, one (1)

National and three (3) Area Vocational & Rehabilitation Centers, as well as Rehabilitation Sheltered Workshops that are non-residential facilities which provide both social and vocational rehabilitation services which include skills training in massage services, computer literacy, high speed sewing, watch repair, as well as mobility training, sign language and psycho-social services.

The DSWD also manages a facility for children with disabilities, viz:

Elsie Gaches Village which is a 24 hour residential facility providing the following: social services, homelife services, educational services, practical skills development and economic productivity, socio-cultural activities, health and dental services and spiritual services.

The Bureau of Local Employment (BLE) of the Department of Labor

and Employment (DOLE), has also implemented micro-enterprise projects for persons with disabilities (PWDs) from 1995 to 2009 under the “Tulong Alalay sa Taong May Kapansanan,” (Help and Assistance for Persons with Disabilities) or TULAY Project. Since January 2010, implementation of TULAY has been transferred to the Bureau of Workers with Special Concerns. TULAY projects, implemented nationwide through DOLE Kabuhayan Program, provides training and/or financial assistance which aims to engage PWDs in sustainable self-employment through easy to learn livelihood undertakings. Participants in TULAY projects are given capacity building services: such as short period trainings with the provisions of livelihood tools and materials. PWDs, who are introduced to a new set of training skills, are given start-up or livelihood formation projects. On the other hand, PWDs with existing skills that can be

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improved by training, are given financial assistance for livelihood enhancement. Skills trainings include simple house-to-house or service-oriented technical and vocational trainings on massage services, plumbing, cosmetology, electrical servicing, welding, native snack preparation, car wash, motorcycle repair, cellular phone repair, appliance repair and upholstery repair. The program has served a total of 4,144 PWDs from the period 2008-2010.

TESDA, in partnership with DOLE and private training institutions,

also provided trainings for identified needed priority skills of PWDs, such as the “Training for Work Scholarship Program” given to 1,678 scholars with disabilities.

The Department of Trade and Industry (DTI), in line with other

government programs for the development of entrepreneurial skills among PWDs, has developed a Directory of PWD-entrepreneurs and enterprise organizations. The Directory, divided according to product and service sectors, compiled primary data on 1,070 PWD-enterprises across the country. It has been disseminated to industry associations, producers and exporters in partnership with PWD groups for subcontracting purposes and market matching. Further, it is used as a strategy to promote products and services of PWD organizations and the PWDs themselves.

In order to promote the cooperatives organized by PWDs, the DTI

issued an Executive Order for the DepEd for the purchase of tables and chairs made of engineered bamboo. Through the EO, DTI conducted skills training on engineered bamboo seats-making in Aklan and Guimaras. The Federation of Persons with Disabilities, through some of its provincial chapters, have started producing tables and chairs made of engineered bamboo to supply the requirements of DepEd. The DTI recommended further that more appropriate interventions and business development services be provided in order to improve the manufacture of these products, such as the conduct of consultations and needs assessment activities through the PWD Economic Empowerment Program.

Capacitating PWDs to be engaged in entrepreneurship are also being

conducted through the different bureaus of DTI such as the Bureau of Micro, Small and Medium Enterprise Development which provides skills training on handicraft production. The Product Development and Design Center of the Philippines seeks to improve existing products and services provided by persons with disabilities.

The Civil Service Commission (CSC) issued Memorandum Circular

No.23 s.199 to supplement the provision of RA 7277 which directs all government agencies to provide employment opportunities to qualified persons with disabilities.

A survey on the number of employed persons with disabilities in the

government was conducted by NCDA in 2006. Survey results revealed that there are about 4,373 PWDs in the public sector, 2,373 of the said number are employed in national government agencies, which includes soldiers with disabilities, 202 in GOCCs, 93 in state universities and colleges, 105 in government hospitals and 1,595 in local government units.

17

On the other hand, workers who suffer in work-related disability,

mechanisms are in place to facilitate their reintegration in the society. The Employees Compensation Commission (ECC) has the KAGABAY program which provides physical restoration, vocation skills training, entrepreneurial skills training, job placement, and assistance in setting up micro-enterprises or home based businesses for PWDs. During the period of 2007-2010, a total of 4,324 invitation letters were sent to the occupationally disabled workers to avail of the KAGABAY Program. Of those given invitations, only 177 occupationally disabled workers availed of the KAGABAY Program.

From 2007-2010, the KAGABAY Program has provided “physical

restoration services” (PT and/or OT) to 95 occupationally disabled workers, and “skills and/or entrepreneurial training” to 98 occupationally disabled workers. Provision of prosthetic devices started in 2010, wherein 3 occupationally disabled workers were provided with prosthesis (1 upper limb and 2 lower limbs) while four (4) PWDs were scheduled for the application of upper limb prosthesis and one (1) PWD applied for the provision of a pair of orthopedic shoes.

Although a number of programs and mechanisms are already in place

to address the issues and concerns of PWDs such as economic empowerment, a lot of work has to be done. Based on the National Disability Summit, among the hindrances to economic activity of PWDs are lack of education, lack of training, poor matching of training to livelihood and employment opportunities, social exclusion, non-inclusive work environments and lack of trained and competent staff working with PWDs. The challenge for all stakeholders is to strengthen and capitalize on existing programs and expand full participation. Other programs should also be developed hand in hand with the private sector as part of their Corporate Social Responsibility (CSR).

Table 9.1: Situation Matrix

Human Rights

Issue

Coverage Duty-Bearers Claimholders

Physical

Accessibility and

Information,

Communication

Technology (ICT)

Accessibility

Nationwide

17 regions,

80

provinces,

120 cities

and 1500

municipalities

1. All National Government

Agencies

-Congress

-Judiciary

2. LGUs (provincial,

city, municipality)

3. CSOs

- Academe

- Business Sector

- Faith Based

Organization

4. Development Partners

Partners

1. Persons with disabilities

2. Women with disabilities

3. Children/youth with

disabilities

4. Students with disabilities

5. Employed persons with

disabilities

6. Others

18

Human Rights

Issue

Coverage Duty-Bearers Claimholders

Economic

Development

Nationwide 1. Congress

2. LGUs (provincial

city, municipality)

3. CSOs

- Academe

- Business Sector

- Faith Based

Organization

4. Development Partners

1. Employed persons with

disabilities

2. Women with disabilities

3. Self-help groups of

persons with disabilities

4. Cooperatives of persons

with disabilities

5. Parents/relatives/carers

of persons with disabilities

6. Migrants who became

persons with disabilities

7. Victims of calamities,

disaster, injuries, accidents

Education Nationwide 1. Appropriate National

Government Agencies

such as DepEd,

TESDA, CHED

- Congress

- Judiciary

2. LGUs: (provincial

city, municipality)

3. CSOs

- Academe

- Business Sector

- Faith Based

Organization

1. Persons with disabilities:

In-school, out of school

2. Children with disabilities

in day care centers/

resource centers

3. Adult persons with

disabilities

4. Indigenous persons with

disabilities

5. Persons with intellectual/

learning disability

6. Persons with visual

impairment, speech and

hearing impairment, and

physical impairment

Health,

Habilitation/

Rehabilitation,

Social Protection

Nationwide 1. DOH, DepEd,

DSWD etc.

2. LGUs

3. CSOs: Private

hospitals, clinic,

specially medical

centers,

registered/ l icensed/

accredited social and

development welfare

agencies, Faith Based

Organization

4. Development

partners

1. PWD victims of disaster/

calamities

2. PWD victims of abuse,

neglect, exploitation, and

abandonment

3. PWDs in conflict with the

law

4. PWDs internally displaced

due to armed conflict

5. PWDs with severe

intellectual, medical

conditions

19

SECTION 3 Thematic Performance Targets


Medium-term targets: (1) Re-filing of bills from the previous Congress and continue lobbying

thru meetings with principal sponsors of the bills; (2) Baseline data/situationer on PWDs completed/ established,

disaggregated by age, sex, income, type of disability, place of origin, others;

(3) Disabled people's organizations (DPOs), women with

disabilities and parents association of children with disabilities organized and functional;

(4) Increased participation of PWDs in decision-making processes. Annual Targets: 2012 – Submission of position papers to Congress on pertinent

legislation affecting PWDs;

20

2012 – National/Local Registration and issuance of IDs to PWDs; 2012 - DPO’s recognized; 2012 - 2013 - Strengthening Accessibility of DOH on Line Registration; 2013 - Undertake Social Mobilization Activities to lobby the needed

legislations; 2013 - Persons with disabilities in policy-making bodies increased; 2014 - Monitoring and validation availment of services by PWDs; 2014 - Persons with disabilities and their organizations

participated in PWD summit, congress, fora; 2015 – 2016 - Priority local legislations for PWDs passed; 2015-2016 – 25 % of DPOs are into economic development activities and are transformed into cooperatives.

Thematic Objective 2: To mainstream human rights standard in infrastructure development to enhance accessibility of the PWDs to physical environment, taking into consideration cultural adaptability.

Medium-term targets: (1) 40-50 % of structures/facilities in highly urbanized areas

including government/private schools; government/private offices; banks, churches, hotels, malls, supermarkets, parks, street sidewalks and others retro-fitted/comply with universal/inclusive designs; and

(2) Safe and accessible modes of land transportation for PWDs in NCR,

Cebu and Iloilo City are available. Annual targets: 2012 – 2013 - Access Monitoring Teams (AMTs) organized and

functional; 2013 - Passage of a Resolution by the Regional Council on

Disability Affairs (RCDA) on the creation of Regional AMTs, to be replicated in the provincial, city and municipal level;

2014 – 2016 - Monitoring and validation of the full implementation of

the recommendations of the AMTs; 2014-2016- Memorandum of Agreement (MoA) signed with bus

operators for their compliance with land transportation standards.

21

Thematic Objective 3: To popularize UN-CRPD and PHRP II using mass media to enhance accountability in the Executive, Legislative and Judicial branches of government, as well as to inform persons with disabilities (PWDs) and the general public.

Medium-term target:

(1) Monitoring and validation of the implementation of RA 10070.

Annual target:

2012- Institutionalization of a mechanism of consultation with the PWD

sector;

Thematic Objective 4: To sensitize and enhance the positive perception and acceptance of communities to PWDs by conducting sensitivity training, correct use of language, value formation and re-direction of attitudes for duty-bearers and claimholders.

Medium-term targets:

(1) Claimholders are part of the training team and

able to communicate issues/ concerns to LGUs and presented plans in the Work and Financial Plans; and

(2) National Disability Summit (NDS) is institutionalized and conducted

every two years to discuss issues and concerns/challenges faced by PWDs.

Annual targets:

2012-2013 Capacity building/technical assistance, coaching and

mentoring of duty bearers and claimholders on CRPD/HRBA, other laws and policies as well as in the preparation of project proposals/feasibility study and action plans;

2014- NDS regionalized to include duty-bearers and claimholders; 2012-2013 - Training on HRBA for agencies under the five pillars of

justice, the academe, Church and business sector conducted; 2016 - Programs, activities and projects designed/developed

consistent with the principles of the Human Rights-Based Approach (HRBA).

22

23

24

Table 9.2. Performance Targets

Thematic Objective 1: To harmonize national and local legislations including administrative orders, policies and guidelines with the UN-CRPD for the creation of an inclusive, barrier-free and a rights-based

environment.

Strategic Indicators

Medium Targets

Annual Targets

1) National/local legislations with corresponding implementing rules and regulations compliant to specific and comprehensive standards

• Refilling of bills from previous Congress and continue lobbying through meetings with principal sponsors of the bills;

2012-Submission of position papers to Congress;

2013-Undertake Social Mobilization activities to lobby the needed legislations;

2014-2016-Refiling of bills from previous Congress and continue lobbying thru meetings with principal sponsors of the bills

2) Collection of statistical data and analysis on disability, and mapping of local legislations that affect persons with disabilities

• Baseline data/situationer on persons with disabilities completed/established, disaggregated into age, sex, income, type of disability, place of origin, others

• Inventory of laws for PWDs

2012-National/Local registration and issuance of IDs to PWDs;

2012-2013-Strengthening accessibility of the DOH online registration;

2014-Monitoring and Validation of availment of services by PWDs;

2015-2016-Priority legislations for PWDs passed

25


3) Persons with disabilities and their organizations are included in national/local disability policy decision-making process, with emphasis on mainstreamed gender initiatives, their participation to organized associations, and their identity as a person or as a group

• Disabled people’s organizations, women with disabilities and parents association of children with disabilities organized and functional, participated in decision-making

- 2012 - DPOs recognized; - 2013 – Persons with disabilities in policy making bodies

increased; - 2014 – Persons with disabilities and their organizations

participated in disability summit, Congress and others; - 2015-2016 – 25% of DPOs are into economic development

activities are transformed in Cooperatives.

26

Thematic Objective 2: To mainstream human rights standard in infrastructure development to enhance accessibility of the PWDs to physical environment, taking into consideration cultural adaptability


Medium Targets

Annual Targets

1) Government structures and utilities are designed, constructed, audited and retrofitted in strict compliance with the provisions of the Accessibility Law incorporating and promoting universal/ inclusive design

• 40-50 percent of structures/facilities in highly urbanized areas retrofitted: government/private schools; government/private offices, banks, churches, hotels, malls, supermarkets, parks, street sidewalks and others complied with universal/inclusive designs;

• Land transportation in NCR, Cebu

and Iloilo City for persons with disabilities are safe/accessible/available

- 2012 – 2013 – Access Monitoring Teams (AMTs) organized and functional; - 2014 – Resolutions passed by RCDAs and RDCs advocating the creation of

Access monitoring Teams at the city and municipal levels;

- 2015-2016 – Monitoring and validation of the full implementation of the

recommendations of the Access monitoring Teams.

Thematic Objective 3: To popularize UN-CRPD and 2nd PHRP using mass media to enhance accountability in the Executive, Legislative and Judicial branches of government, as well as to inform persons with disabilities (PWDs) and the general public.


Medium Targets

Annual Targets

1) Coordination committees are established and strengthened; their mechanisms are developed, with coordinated implementation and participation of the multi- media, information officers of national/local agencies, and persons with disabilities and their organizations

• NCDA prepared implementation/ accomplishment reports of CRPD to the United Nations

• Local committees on disability established

• 2012 – Institutionalization of a mechanism of consultation with the sector;

• 2013 - 2016 – Monitoring and validation of the

implementation of RA 100070; Number of LGUs with PDAO increasing.

Thematic Objective 4: To sensitize and enhance the positive perception and acceptance of communities to PWDs by conducting sensitivity training, correct use of language, value formation and re-

direction of attitudes for duty-bearers and claimholders.

27


Medium Targets

Annual Targets

1) Capacity building for duty bearers/ claimholders on HRBA to draw attention to and promote a better understanding of disability

• Claimholders are part of the training team and are able to communicate issues/ concerns to LGUs for the latter’s consideration into its Work and Financial Plans.

• National Disability Summit (NDS) is institutionalized and conducted every two years as avenue to discuss issues and concerns and to present challenges

• 2012 to 2013 - Capacity building/technical assistance, coaching and mentoring to duty bearers and claimholders on CRPD/HRBA, other laws and policies as well as in the preparation; of project proposals/feasibility study and action plans.

- 2014 - NDS regionalized to include duty bearers and

claimholders;

• 2015 – Training and HRBA of the Five (5) pillars of the Justice

system, academe, church and business sector conducted;

- 2016 – Programs, activities and projects for the sector are using HRBA Approach.

28

SECTION 4 Program of Action

To implement the objectives and treaty indicators of the PHRP-CRPD, the following programs of action have been prepared:


Under this thematic objective, the following are the PAPs: (1) Organization of a multi-stakeholder group

The NCDA, as lead agency, will organize/convene a multi-stakeholder group composed of its members from the national/local levels that will review and document the proposed amendments of BP 344, RA 7277 and other pertinent laws. It will also consolidate proposals and position papers coming from the regions and finalize/submit the same to Congress. It is expected that Congress will consider the proposed study review as a “priority bill” and submit the same for public hearing for its eventual passage into law. This shall be undertaken during the 2nd Quarter of 2012;

(2) Formulation of a policy in collecting appropriate information including research and statistical data on disability The NCDA will submit to Congress a policy proposal to include in the NSO survey, disability concerns and continuance of DOH Registry through on-line web registration of PWDs. The policy proposal will also include a mechanism where disability data are provided. This shall be made during the 2nd Quarter of 2012;

(3) Passage of a local code on disability laws and the CRPD, appropriating/allocating funds for its implementation, its inclusion in the LGUs Annual Investment/Development Plans The local code will be a comprehensive law of the local government units that will be based on national disability laws and the CRPD. The local code will be inclusive and rights-based for the entitlements of PWDs;

(4) Inventory, review and evaluation of existing

administrative policies and plans on disability This will be done by the Executive Branch of the government, assessing institutional mechanisms/arrangements, processes of

29

implementation, strategies, budgets and outputs addressing its obligations as duty-bearers, for the entitlements of claimholders; This shall be a semestral undertaking in 2013;

(5) Organization and strengthening of Self-Help Groups (SHGs) to include women with disabilities, parent associations of children with disabilities SHGs, as the lead lobby groups, shall be organized by the DSWD and the local government units (LGUs) to push for the immediate amendments/revision/repeal of existing laws and/or entitlements of claimholders. This shall be undertaken during the 3rd Quarter of 2012;

(6) Submission of all proposed disability laws/bills to

Congress NCDA will submit a list of proposed bills that need to be amended, repealed and revised to ensure that Congress will work on them with schedule. This is expected to be a semestral undertaking on 2013;

(7) Submission of all priority disability issues for its inclusion to the Philippine Development Plan (PDP 2011-2016) and for budget consideration NCDA will ensure that the disability agenda in the PHRP-CRPD is submitted to NEDA for DBM’s consideration in budget allocation. This shall be an annual activity, covering the implementation period of the PHRP II from 2012-2016.

Thematic Objective 2: To mainstream human rights standard in infrastructure development to enhance accessibility of the PWDs to physical environment, taking into consideration cultural adaptability

Under this thematic objective, the following PAPs shall be

pursued:

(1) Inclusion of universal/inclusive designs of physical accessibility as a policy in the selection of child friendly communities nationwide The Council for the Welfare of Children (CWC) and other agencies in-charge of the selection of child friendly localities should consider “inclusive/universal designs” of structures/establishments as one of its indicators/criteria. This shall be an annual undertaking, which shall commence on 2012 and shall end on 2016;

(2) Creation of an Access Monitoring Teams (AMT)

The RCDA - AMT will be created to accept complaints of PWDs and concerned CSOs. AMT will also conduct inventory and audit of structures/facilities as to their accessibility. It is expected that through this undertaking,

30

establishments, particularly those that are built by the government, will be accessible to PWDs. The creation of the AMT shall be undertaken during the 3rd Quarter of 2013.

Thematic Objective 3: To popularize CRPD and PHRP II using mass media to enhance accountability in the Executive, Legislative and Judicial branches of government, as well as to inform persons with disabilities (PWDs) and the general public.

To realize the foregoing thematic objective, the following PAPs

shall be carried out:

(1) Preparation of the Regional Human Rights Plan (RHRP)-CRPD The NCDA Regional Programs Coordinators, Regional Committee on Disability Affairs (RCDA), Regional Development Councils (RDC), the National Economic and Development Authority (NEDA) and Commission on Human Rights (CHR) Regional Offices will coordinate to make sure that the Regional Human Rights Plan (RHRP) to be formulated shall reflect the CRPD chapter. The RHRP-CRPD will be the basis for monitoring and evaluating the extent of program implementation for persons with disabilities. It is expected that the foregoing activity shall be undertaken from the 3rd Quarter of 2012-2nd Quarter of 2013;

(2) Submission of guidelines in the admission and

completion of studies of PWDs to concerned learning institutions. Institutions such as Early Childhood Care and Development (ECCD) Council of the DSWD for early education, DepEd (for primary/secondary education), TESDA (vocational schools) and CHED (tertiary and post-graduate schools), the inclusion in school curricula the rights and entitlements of persons with disabilities. It is expected that through this endeavor, there shall be an increase in the admission and completion of studies of PWDs in all levels. This is expected to be undertaken during the 2nd Quarter of 2012;

(3) Establishment of Help Desks to protect students with

disabilities and to facilitate cases involving PWDs filed in police stations. State colleges and universities will be asked to establish help desks to provide the needed assistance to students with disabilities, while the police force will be encouraged to establish as well a help desk for PWD victims/PWDs accused of crimes. It is expected that the creation of these help desks will be created by 2nd Quarter-3rd Quarter of 2012;

31

(4) Publication and distribution of information/communication materials. In popularizing CRPD, materials for the information of duty-bearers’ obligations and claimholders entitlements will be published and distributed, to ensure the inclusion of CRPD/HRBA in the Work and Financial Plans of agencies concerned. NCDA will be assisted by member agencies, in particular Philippine Information Agency (PIA), Kapisanan ng mga Brodkasters ng Pilipinas (KBP) and other media groups/associations, as well as LGUs. This shall be undertaken during the 3rd Quarter of 2012;

(5) Translation of CRPD into Filipino and in major

dialects, in Braille format, and in sign language. By translating the CRPD into Filipino and in the major dialects, in Braille and in sign language, children with disabilities will have more appreciation and understanding of the aforesaid convention. This is expected to be undertaken by the 4th Quarter of 2012.

(6) Initiate the conduct of special events on disability to

raise the awareness of the community and change their perception on PWDs. NCDA member-agencies, NGOs and international development partners and CSOs will spearhead the conduct of special events such as the National Disability Prevention and Rehabilitation Week. This shall be undertaken during the 2nd Quarter of 2013;

Thematic Objective 4: To sensitize communities on the condition of PWDs and enhance their acceptance thereof.

Under this thematic objective, the following PAPs shall be

pursued:

(1) Capacity building for all stakeholders: (the Judiciary/Courts; the Legislative and Executive Branches of government; as well as the NGOs, CSOs, DPOs, the business sectors, academe, church, media and the community on the CRPD). Efforts between the PHRC, CHRP and the NCDA will be consolidated to ensure that the CRPD will be popularized in various communities with the aim that all duty-bearers know their obligations and the entitlements of claimholders. This shall be conducted during the 2nd Quarter of 2013;

(2) Continuous capacity building, technical assistance

and mentoring/coaching to stakeholders, particularly the local government units (LGUs). LGUs are at the forefront in implementing policies, hence they should be informed about CRPD. DILG and the NCDA, together with the other members of the Executive

32

Branch should provide capacity building activities to ensure that a large number of PWDs in rural areas are informed of the provisions of the CRPD. This activity shall be undertaken annually, during the implementation of the PHRP II, from 2013-2016;

(3) Inclusion of CRPD/HRBA as training component for

newly elected local government officials in the Local Government Academy. NCDA and DILG will make sure that CRPD is one of the policies that has to be discussed in the Local Government Academy for newly elected government officials. Members of Congress also need to know updates on the CRPD. The foregoing is to be undertaken annually, during the implementation of the PHRP II, viz: 2013-2016;

(4) Conduct Program Review and Evaluation Workshop

(PREW) on disability plans vis-à-vis the normative content of the CRPD. Member agencies of the NCDA shall conduct PREW to asses the implementation of disability plans and PAPs, and how these have provided entitlements to PWDs as claimholders of rights. This shall be undertaken annually, from 2012-2016, during the implementation of the PHRP II;

(5) Conduct of Disability

Summit/fora/consultations/conventions/congress. NCDA in partnership with international development partners, JICA/APCD, CBM, Virlanie Foundation, LGUs, NGOs and DPOs/CSOs will conduct the Disability Summit as an avenue to discuss issues and raise recommendations to the legislative, executive and international development partners for funding. The summit will be regionalized to reach CSOs and other DPOs in the community. This shall be an annual activity and shall cover the periods 2012-2016;

(6) Development of modules.

The module will be prepared by the NCDA in cooperation with JICA, CBM for the continuous training/re-training of duty-bearers on “Non-Handicapping Environment” (NHE); Community Based-Inclusive Development (CBID); Human Rights-Based Approach (HRBA) and other strategies that will help push for the implementation of PAPs of NGAs, LGUs and other stakeholders. This shall be undertaken during the 2nd Quarter of 2013;

(7) Provision of resource augmentation.

Resources will be sent to LGUs, RCDAs, NGOs and CSOs/DPOs in order to fully implement PAPs under the UN-CRPD. The resource augmentation will fund the cost of meetings, fora, summits, congress, livelihood projects,

33

booklets, handbooks, Braille, fees for sign language interpreters and others. It is expected that the foregoing shall be undertaken annually, from 2012-2016;

(8) Conduct of Donors Forum. NCDA member agencies and the LGUs are encouraged to conduct donors’ forum to mobilize international development partners to progressively realize the provisions of CRPD;

(9) Lobby with the five (5) pillars of the justice system for

the speedy trial/disposition of cases involving PWDs. NCDA members particularly DSWD, DOJ, DILG, DOLE and other instrumentalities will work with the courts in the early disposition of cases involving PWDs;

(10) Pilot LGU communities in Luzon, Visayas, Mindanao in

the implementation of NHE, CBID and Inclusive Education. NCDA in cooperation with JICA, CBM, and other partners will expand the implementation of NHE, CBID and other strategies to spur turn-over of such strategies to the LGUs;

(11) Monitor the profiling/data collection of PWDs,

disaggregated into age, sex, place of origin, civil status, education, socio-economic status and others. The NCDA and its member agencies will monitor the collection of statistical and research data for the use of the legislative and executive branches of government, international partners and CSOs;

(12) Document best practices/success stories on disability;

(13) Monitor the implementation of plans, PAPs and

document findings;

(14) Review national/local tracking system of the NGAs, LGUs to include PWDs as claimholders; and,

(15) Install monitoring instrument to monitor the

implementation of plans, PAPs.

34

Table 9.3. Program of Action

Thematic Objective 1: To harmonize national and local legislations including administrative orders, policies and guidelines with the CRPD for the creation of an inclusive, barrier-free and a rights based environment.

Performance Targets Programs, Activities,

Projects (PAPs) Coverage Responsible Stakeholders Target

Dates Expected Outputs

Medium Term Targets

Annual Targets Duty Bearers

Claimholders

Re-filing of bills from the previous Congress and continue lobbying thru meetings with principal sponsors of the bills

Baseline data/situationer on PWDs completed/established, disaggregated by age, sex, income, type of disability, place of origin, others

Disabled People’s

2012- Submission of position papers to Congress on pertinent legislation affecting PWDs

2012- National/Local Registration and issuance of IDs to PWDs

2012-DPOs recognized

2012-2013- Strengthening accessibility of DOH online registration

2013-

Organization of multi-stakeholder groups

Formulation of policy in collecting appropriate information, including research and statistical data on disability

Passage of a local code consistent with national disability laws and the CRPD, appropriating/allocating funds for its

National

National

Local

Congress NCDA DPWH DOTC

Congress

NSO DOH

Sanggunians

PWDs DPOs CSOs

DPOs CSOs

PWDs

DPOs CSOs

PWDs

2nd Quarter

2012

2nd Quarter

2012

2012-2014

BP 344, RA 7277 & other amended, enforced, consistent with CRPD. Baseline/statistical data on PWDs completed & used for policy formulation/program development. Community-based monitoring & information system. Administrative policies, TOR, MCs issued by the Executive Branch consistent with the CRPD/HRBA to address priority human rights issues.

35

Performance Targets Programs, Activities, Projects (PAPs)

Coverage Responsible Stakeholders Target Dates

Expected Outputs Medium Term

Targets Annual Targets Duty

Bearers Claimholders

Organizations (DPOs), women with disabilities and parents association of children with disabilities organized, functional and involved in decision-making

Undertake social mobilization activities to lobby the needed legislations

2013- PWDs in policy-making bodies increased

2014- PWDs and their organizations’ involvement/participation in Disabled Peoples’ Summits/Congress/Fora

2015-2016- Priority local legislations for PWDs passed

2015-2016- 25% of DPOs are into economic development

implementation and inclusion in the LGUs Annual Investment/Development Plans

Inventory, review and evaluation of existing administrative policies and plans on disability Organization and strengthening of self-groups o include women with disabilities, parent association of children with disabilities

National

National

NCDA PHRC NEDA

DSWD CWC LGUs NCDA

PWDs

PWDs

Semestral, 2013

3rd Quarter

2012

Review, amendment, repeal of policies& of plans/PAPs on disability, and monitor implementation thereof. SHGs organized and strengthened. Selection of “child friendly localities,” with physical accessibility, inclusive education of

36



Expected Outputs Medium Term

Targets Annual Targets Duty

Bearers Claimholders

activities and are transformed into cooperatives

Submission of all proposed disability laws/bills to Congress Submission of all priority disability programs/ activities/projects to NEDA for inclusion in the annual updating of the Philippine Development Plan 2011-2016 and for budget consideration.

National

National

DPOs CSOs PWDs

NCDA NEDA

PWDs

DPOs CSOs

PWDs

Semestral, 2013

2012-2016

PWDs as indicators in the selection thereof. Proposed bills on disability submitted to Congress. Inclusion in the annual updating of the PDP of PAPs for the promotion and protection of rights of PWDs.

37

Thematic Objective 2: To mainstream human rights standard in infrastructure development to enhance accessibility of the PWDs to physical

environment, taking into consideration cultural adaptability.

Performance Targets Programs, Activities, Projects

(PAPs)

Coverage Responsible Stakeholders Target Dates Expected Outputs

Medium Term Targets

Annual Targets Duty Bearers Claimholders

40-50% of structures/facilities in highly urbanized areas, including government/private schools, government/private offices, banks, churches, hotels, malls, supermarkets, parks, street sidewalks, etc. are retrofitted/comply with universal/inclusive designs. Safe and accessible modes of land transportation for

2012-2013- Access Monitoring Teams (AMTs) organized and functional; 2013- Passage of a Resolution by the Regional Council on Disability Affairs on the creation of Regional AMTs, to be replicated in the provincial, city and municipal levels; 2014-2016- Monitoring and validation of the

Inclusion of universal/inclusive designs of physical accessibility as a policy in the selection of child friendly communities nationwide. Creation of Access Monitoring Teams (AMTs).

National

National

CWC

NCDA RCDA

PWDs

DPOs CSOs PWDs

2012-2016

3rd Quarter 2013

Increased percentage of child friendly communities. AMTs organized/created.

38


(PAPs)

Coverage Responsible Stakeholders Target Dates Expected Outputs

Medium Term Targets


PWDs in NCR, Cebu and Iloilo City made available.

full implementation of the recommendations of the AMTs; 2014-2016- Memorandum of Agreement signed with bus operators for their compliance with land transportation standards

39

Thematic Objective 3: To popularize CRPD and PHRP II using mass media, to enhance accountability in the Executive, Legislative and Judicial branches of government, as well as to inform Persons with Disabilities (PWDs) and the general public.


(PAPs) Coverage Responsible Stakeholders Target

Dates Expected Outputs

Medium Term Targets


Monitoring and validation of implementation of RA 10070

2012- Institutionalization of a mechanism of consultation with the PWD sector

Preparation of Regional Human Rights Plan- CRPD. Submission of guidelines in the admission and completion of studies of PWDs to concerned learning institutions. Establishment of Help Desks to protect students with disabilities and to facilitate cases involving PWDs filed in

Regional

National

National

NCDA LGUs

Sanggunians

NCDA DepEd CHED

NCDA DepEd CHED PNP

PWDs DPOs CSOs

PWDs DPOs CSOs

PWDs DPOs CSOs

3rd Quarter

2012-2nd Quarter

2013

2nd Quarter

2012

2nd Quarter –

3rd Quarter

RHRP-CRPD discussed, prepared and submitted to the RDC, NCDA/RCDA for monitoring and evaluation. Guidelines submitted for implementation by concerned learning institutions. Conduct of orientation seminars/workshops by learning

40



Expected Outputs

Medium Term Targets


police stations. Publication and distribution of information/communication materials. Translation of CRPD into Filipino and in major dialects, in Braille format and in sign language.

National

National

DILG

NCDA Development

Partners LGUs

NCDA LGUs

PWDs DPOs CSOs

PWDs DPOs CSOs

2012

3rd Quarter

2012

4th Quarter 2012

institutions on CRPD. Help Desks established nationwide. Reported cases of violations of rights of PWDs acted upon by the PNP and concerned offices. Information, education and communication materials for PWDs published. Educational institutions (i.e. primary, secondary, tertiary and vocational schools)

41



Expected Outputs

Medium Term Targets


Initiate the conduct of special events on disability to raise the awareness of the community and change their perception on PWDs.

National

NCDA RCDA

PWDs DPOs CSOs

2nd Quarter

2013

equipped with IEC materials. Educational institutions (i.e. primary, secondary, tertiary and vocational schools) equipped with IEC materials in Braille format & sign language. Increased awareness of the rights of PWDs.

42

Thematic Objective 4: To sensitize and enhance the positive perception of communities to PWDs by conducting sensitivity training, correct use

of language, value formation and re-direction of attitudes for duty-bearers and claimholders.



Expected Outputs

Medium Term Targets


Claimholders are part of the training team and are able to communicate issues/concerns to LGUs for the latter’s considerations into its Work and Financial Plans. National Disability Summit (NDS) is institutionalized and conducted every two (2)

2012-2013- Capacity building/technical assistance, coaching and mentoring to duty-bearers and claimholders on CRPD/HRBA, other laws and policies as well as in the preparation of project proposals/feasibility studies and action plans. 2014- NDS regionalized to include duty-bearers and

Capacity building for all stakeholders (the Judiciary; the Legislative & Executive branches of government; NGOs/CSOs/DPOs; business sector; Academe, Church, media and the PWD community). Continuous capacity building, technical assistance and mentoring/coaching to stakeholders, particularly the local government units (LGUs). Inclusion of

National

National

National

PHRC CHRP NCDA

DILG NCDA LGUs

NCDA DILG

NCDA PWDs DPOs CSOs

PWDs DPOs CSOs

PWDs DPOs CSOs

2nd Quarter

2013

2013-2016

2013-2016

Capacity building conducted for all stakeholders. Capacity building for LGUs conducted. Greater awareness & understanding on CRPD & HRBA of newly elected government officials.

43



Expected Outputs

Medium Term Targets


years as an avenue to discuss issues and concerns/challenges faced by PWDs.

claimholders. 2012-2013- Training on HRBA for agencies under the five (5) pillars of justice, the academe, Church and business sector convened. 2016- Programs, activities and projects designed/developed consistent with the principles of the Human Rights-Based Approach (HRBA).

CRPD/HRBA as training component for newly elected local government officials in the Local Government Academy. Conduct Program Review and Evaluation Workshop (PREW) on disability plans vis-à-vis the normative content of the CRPD. Conduct of Disability Summit/fora/consultations/conventions/congress.

National

National

National

National

NCDA

NCDA Development

Partners LGUs

NCDA Development

Partners

NCDA RCDA

PWDs DPOs CSOs

PWDs DPOs CSOs

PWDs DPOs CSOs

PWDs DPOs CSOs

2012-2016

2012-2016

2nd Quarter

2013

2012-2016

PREW conducted. Number of disability for a/conventions conducted, resulting to greater awareness of CRPD. Modules on CRPD designed and developed. Funding support from development partners to support the implementation of

44



Expected Outputs

Medium Term Targets


Development of modules. Provision of resource augmentation. Conduct of Donors’ Forum.

National

National

National

NCDA

NCDA DSWD

DOJ DILG DOLE

NCDA Development

Partners

PWDs DPOs CSOs

PWDs DPOs CSOs

PWDs DPOs CSOs

2012-2016

2012-2016

2012-2016

PAPs for the promotion and protection of the rights of PWDs. Increased number of PAPs supported by development partners. Increased access to justice of PWDs Positive acceptance of PWDs in various communities.

45



Expected Outputs

Medium Term Targets


Lobby with the five (5) pillars of the justice system for the speedy trial/disposition of cases involving PWDs. Pilot LGU communities in Luzon, Visayas, Mindanao in the implementation of NHE, CBID and Inclusive Education. Monitor the profiling/data

National

National

National

LGUs NCDA

NCDA

NCDA

NCDA

PWDs CSOs DPOs

PWDs CSOs DPOs

PWDs CSOs

2012-2016

2012-2016

2012-2016

Disaggregated data on PWDs.

46



Expected Outputs

Medium Term Targets


collection of PWDs, disaggregated into age, sex, place of origin, civil status, education, socio-economic status and others. Document best practices/success stories on disability. Monitor the implementation of plans, PAPs and document findings. Review national/local

National

National

National

NCDA

NCDA

NCDA

DPOs

PWDs CSOs DPOs

PWDs CSOs DPOs

PWDs

2012-2016

2012-2016

2012-

Best practices/success stories on the implementation of PAPs on PWD rights promotion and protection, replicated. Plans, PAPs on PWD rights promotion and protection, monitored. Tracking system established and

47



Expected Outputs

Medium Term Targets


tracking system of the NGAs, LGUs to include PWDs as claimholders. Install monitoring instrument to look into the implementation of plans and PAPs.

National

NCDA

CSOs DPOs

PWDs CSOs DPOs

2016

2012-2016

functional. Monitoring instrument established and functional.

48

Section 5 Linkages with Other Development Initiatives and

Plans

The CRPD chapter of the PHRP II is directly linked with the Millennium Development Goals (MDGs). It will also be linked with the Philippine Development Plan (PDP), particularly on education, livelihood, information and communication technology, health and social protection.

Moreover, the PHRP-CRPD is also linked with the

National/Regional Plan of Action on the Decade of Persons with Disabilities from 2003-2012 on a barrier, inclusive free and rights-based society and to the Annual Investment and Development Plans (AIDP) of LGUs starting from 2012-2016 and beyond. This document will also serve as the framework in the preparation of the Work and Financial Plans of Disabled People’s Organizations (DPOs), Civil Society Organizations (CSOs) and non-government organizations.

49

SECTION 6 Human Rights Capacity Building Plan

Assessment of the strengths and weaknesses of duty-bearers and claimholders

The NCDA and RCDA member agencies have been provided capacity building/trainings on various disability-related laws, policies and international commitments. After the adoption of the UN-ESCAP BIWAKO Millennium Framework through the National Plan of Action for the Decade of Persons with Disabilities, the seven (7) priority areas of concerns were immediately cascaded to the regions, provinces and cities. There were two (2) National Fora conducted, both aiming to review the National Plan of Action. Continuing training, capacity building and needs assessment for all stakeholders shall be undertaken. Human Rights Education and Training Plan

The education plan of the CRPD chapter of the PHRP II will focus on the popularization of CRPD through the conduct of orientations, consultations, capacity building activities, technical assistance, mentoring and coaching. It would also include the conduct of conventions, fora, summit, congress and other educational activities.

50

Table 9.4: Human Rights Capacity Building Plan

Thematic Objectives Education and

Training Activities Coverage Target Participants Responsible

Parties Expected Output

Duty Bearers Claimholders 1. To harmonize national and local legislations including administrative orders, policies and guidelines with the CRPD for the creation of an inclusive, barrier-free and a rights-based environment.

Orientation on CRPD/HRBA for:

Executive Branch

Legislative Branch

Judiciary (5 pillars of justice)

Local Chief Executives, thru the League of Provinces, of cities & municipalities

Business sector

Academe Church

Regional (* Regions to be clustered):

Cluster 1 – Regions 1, 2 & CAR

Cluster 2 – NCR, Regions 3, 4A& 4B, 5

Cluster 3 – Regions 6,7 & 8

Cluster 4 – Regions 9, 10, CARAGA

Cluster 5 – Regions 11,12 & ARMM

Regional Trial Courts

Municipal Trial Courts

Family Courts Provincial, city

and municipal local government offices

Regional offices of line agencies

Congress Judges of

RTCs, MTCs, Family Courts, etc.

Executive Branch to include GOOCs, GFIs

Governors City and

Municipal Mayors

Members of the Sanggunian

Members of the Chamber of Commerce & Industry Association

Retailers/manufacturers, etc.

Budget Officers and Accountants/Planning Officers of agencies (i.e. DPWH-SCABET, CHED, DOH)

PWDs DPOs CSOs

CHRP (to include its regional offices)

PHRC NCDA

BP 344, RA 7277 & other laws consistent with the CRPD and the principles of the HRBA

Evaluation reports indicate an increased access to justice of PWDs and speedy disposition of cases involving the latter

Administrative policies, plans, PAPs of national, regional, regional Gas harmonized with the CRPD and the HRBA

Issues and concerns affecting PWDs are effectively addressed by concerned agencies

CSR included in the charter of the businesses, to include

51

Thematic Objectives Education and Training Activities

Coverage Target Participants Responsible Parties

Expected Output Duty Bearers Claimholders

therein the employment of qualified PWDs.

Local Code/Ordinances/Resolutions on disability passed by the Sanggunians consistent with HRBA with corresponding appropriations/budget.

Priority human rights agenda on disability included within the agency plans of regional offices of line agencies and LGUs

2. To mainstream human rights standard in infrastructure development to enhance accessibility of the PWDs to physical environment, taking into consideration cultural adaptability.

Capacity Building on CRPD using the HRBA sensitivity training on disability for:

Members of the Sangguniang Panlalawigan (provinces) and Bayan (municipalities),

Local Government Units Provincial City Municipal Regional line

agencies

DILG LGUs NCDA DPWH

PWDs DPOs CSOs

CHRP PHRC NCDA

AMT Reports on the increased number of establishments compliant with the CRPD

Provision of funds for retrofitting

52




budget officers, accountants

Planning Officers

Chairpersons of the NCDA Sub-committees

Members of Accessibility Monitoring Teams

Religious and inter faith groups

Tri-media (radio, TV, broadsheets & other traditional mass media)

3. To popularize CRPD and PHRP II using mass media, to enhance accountability in the Executive, Legislative and Judicial branches of government, as well as to inform Persons with Disabilities (PWDs) and the general public.

Orientation/re-orientation, consultation, meetings, workshop:

TWG meetings in the national/local level, to include the Regional Committee on

National & Regional (* to extend up to the provincial, city and municipal levels)

DSWD-ASS DOTC-ICT PIA DFA-IDN DOLE NCDA LGUs ABCs RCDA RDCs

PWDs DPOs CSOs

CHRP PHRC NCDA PIA KBP LGUs DILG

Popularization of CRPD through the following forms of media: broadsheets,/newspaper, TV broadcast, komiks, interactive website on CRPD

53




Disability Affairs

Local Committee on Disability Affairs

Association of Barangay Captains (ABC)

Regional/Provincial/City/Municipal Development Councils

NGOs engaged in programs for the benefit of PWDs

4. To sensitize and enhance the positive perception of communities to PWDs by conducting sensitivity training, correct use of language, value formation and re-direction of attitudes for duty-bearers and claimholders.

Technical assistance, coaching, mentoring of focal persons on disability, conduct of Disability Summit/Congress/Convention at the national and regional level.

National & Regional (to extend up to the provincial, city and municipal levels)

NCDA DILG LGUs

PWDs DPOs CSOs

CHRP NEDA NCDA

Reports on issues and challenges faced by PWDs, addressed by the NCDA governing board, the RDCs and the RCDA.

Inventory reports/baseline data/situationer available and accessible for consideration of the

54




executive and legislative branches of government, and the LGUs.

Compilation of proposals, position papers, success stories, best practices, masterlist/inventory of cases involving PWDs.

Module on NHE/CBID/HRBA designed and developed for use of the LGUs.

55

SECTION 7 Coordination and Management Plan

The lead agency identified to implement the CRPD chapter of the PHRP II is the NCDA, an attached agency of the DSWD.

The Board Members are:

(1) Department of Social Welfare and Development (DSWD); (2) Department of Health (DOH); (3) Department of Labor and Employment (DOLE); (4) Department of Education (DepEd); (5) Department of the Interior and Local Government (DILG); (6) Department of Trade and Industry (DTI); (7) Department of Public Works and Highways (DPWH); (8) Department of Foreign Affairs (DFA); (9) Department of Transportation and Communication (DOTC); (10) Philippine Information Agency (PIA); (11) Technical Educational Skills Development Authority (TESDA); (12) 6 private individuals including two (2) representatives from NGOs

with national network on PWDs, two (2) persons with disabilities. Local Implementation

The NCDA established a Regional Committee on Disability Affairs (RCDA) in all the 16 regions as a strategy to offset the absence of a regional structure. The NCDA/RCDA is committed to pursue the following:

(1) To build a responsive policy environment for the PWD sector; (2) To enhance the capacity of all stakeholders to respond to the need of the

aforesaid sector; (3) To improve the capacity of PWDs and upscale their capacity to participate

in all aspects of human life; (4) To advocate at the local level the creation of Persons with Disability

Affairs Office (PDAO) in compliance with RA 10070 which provides for the establishment of an institutional mechanism to ensure the implementation of programs and services for persons with disabilities in every province, city, municipality in the country.

56

Table 9.5 Coordination and Management Arrangements

Thematic Objective

Committees/Task Force/Project Implementing Team

Head Members 1. To harmonize national

and local legislations including administrative orders, policies and guidelines with the UN-CRPD for the creation of an inclusive, barrier-free and the rights -based environment. These legal instruments will be reviewed, repealed amended and new disability-related laws will be proposed.

NCDA/Congress (House Representative and Senate/ LGUs, Leaders of Persons with Disabilities

PHRC, DILG, PIA, NEDA DBM, Local Building Officials , NGOs

2. To mainstream human rights standards in infrastructure development in terms of accessibility of physical environment and cultural adaptability

NCDA, DSWD, Leaders of Persons with Disabilities

DPWH, DOTC, PPA, CAAP, MARINA, LTO, LTFRB, PIA, NEDA DBM, DOLE, DOH, DTI DSWD, TESDA, DEP-ED, DOST, DILG, NEDA. LGUs , N GOs

3. To popularize CRPD and PHRP II using mass media, to enhance accountability in the Executive, Legislative

NCDA, DSWD, PIA, Leaders of Persons with Disability Media,

DSWD, DEP-ED, TESDA, DOH, State Universities and Colleges, PIA,NGOs

57

Thematic Objective

Committees/Task Force/Project Implementing Team

Head Members and Judicial branches of government, as well as to inform Persons with Disabilities (PWDs) and the general public.

4. To sensitize and enhance the positive perceptions and acceptance of communities to PWDs by conducting sensitivity training, correct use of language, value formation, and re-direction of attitudes for duty-bearers and claimholders

NCDA, PIA, DSWD, Leaders of Persons with Disabilities DEP-ED,

LGUs, Media, Religious Groups, DSWD, Academe, NGOs

58

Figure 9.1. PHRP II-CRPD Coordination and Management Arrangements

National Council on Disability Affairs

Governing Board

Sub-Committees (8) – Accessibility on

Built Environment and Transportation;

Training, Employment and Livelihood; Auxiliary Social Services;

ICT; Health; Education; International Disability

Network and Advocacy

Chairperson

Executive Committee

NCDA Secretariat

Executive Director Deputy Executive Director

Office of the

Executive Director

Programs Management

Division

Technical Cooperation

Division

Information, Education and

Communication Division

Administrative Division

59

The NCDA Secretariat will provide the machinery to perform variety of functions to guarantee healthy cooperation

and public support, government and multi-donor support, maximum engagement of duty-bearers and claimholders, continuing sensitivity and capacity building of all stakeholders and development of rights-based policy and strategies for the

implementation of the CRPD.

NCDA Secretariat

Executive Director

Deputy Executive Director

Office of the Executive

Director

Programs

Management

Division

Technical

Cooperation

Division

Information,

Education and

Communication Division

Administrative Division

60

SECTION 8 Resource Generation and Mobilization Plan

The implementation of the PHRP II shall be undertaken by both government and civil society organizations and PWDs under the coordination of the National Council on Disability Affairs (NCDA).

The resources needed for the implementation of the programs,

projects and activities herein shall come from both public and private funds likewise from foreign and international funding sources such as grants, donations, Official Development Assistance (ODA) and loans.

(1) General Strategy for Resource Mobilization The PHRP II in line with the Convention of Persons with

Disabilities (CRPD) aims to harmonize national and local legislations including administrative orders, policies, and guidelines with the CRPD for the creation of an inclusive, barrier free and rights-based environment for persons with disabilities.

This will be achieved through effective collaboration of efforts of

all stakeholders at all levels and through the following strategies: a. To formulate Regional, Provincial and Local Action Plans for

Human Rights in line with the PHRP II and to include the foregoing plans in the Annual Investment Plans of the local government units;

b. To intensify monitoring and coordination efforts of all

stakeholders to ensure that rights-based programs and services

(2) Description of the Resource Commitment The Council will intensify coordination and monitoring efforts

with the implementing agencies of the Council, LGUs, disabled people’s organizations and development partners to allocate a budget for programs, projects and activities for 2012-2016:

a. Government (national/local) – PhP 114,348,188.24 b. Private Sector - 7,000,000.00 c. Vulnerable Groups - 100,000.00 d. Development Partners - 121,500,000.00

61

To ensure results orientation of the CRPD Chapter of the PHRP II, the resource framework is linked with the PAPs and corresponding outputs, as well as to the overall outcome and output objectives in the performance indicators of the CRPD.

The resource framework is a reference guide of the NCDA and its member agencies. Further, the identified budgetary resources are linked up with the thematic output objectives and indicators.

Inadequate resources is a critical concern to be resolved by the NCDA and its lead implementing agencies, if and when commitments of the accountable agencies/institutions are not ensured during the planning of the CRPD chapter of the PHRP II. It is necessary that budgetary resources are identified per thematic output objective for greater ease in managing the implementation of the CRPD Chapter.

To ensure the implementation of the various PAPs provided in the CRPD Chapter of the PHRP II, funding must be provided by lead and implementing agencies, since the CRPD Chapter’s activities are already part of the major final output of the agencies concerned.

Ideally, the responsibility of the NCDA-CRPD Secretariat is to intensify information dissemination, education of the general public of the CRPD Chapter, and monitoring its implementation and evaluation. Critical to the success of the plan will be the ability of the NCDA to convince implementing agencies to allocate a part of their budget for this initiative.

Primarily, the funds to implement the CRPD-PAPs should be provided by the accountable and implementing government agencies. In the process, this will pave the way for the total mainstreaming of the rights of persons with disabilities into the orientation and operation of the entire government system. To ensure funding for each of the PAPs, the lead agencies and the NCDA will undertake the following:

Steps 1 Lead agencies and identified accountable and

implementing agencies and organizations (CSOs included)have categorically rationalized or linked their CRPD PAPs with the agency mandated Major Final Output (MFOs) indicators and other PAPs under the General Appropriations Act (GAA) or with any other special funding appropriation

2 Secretary level commitments to the CRPD chapter and corresponding PAPs have been

62

Steps sought during the planning and/or before the CRPD chapter launching

3 NCDA and lead agencies enlisted all possible contributions in material and non-material forms from PWDs, non-state actors and civil society

4 New CRPD PAPs not categorically justified under the Lead Implementing Agencies MFOs/PAPs, will have to seek transition fund source for 2012-2016 and adequately incorporated or mainstreamed into the 2012 budget, until 2014

5 NCDA, through the CRPD Finance and Implementation Committee, shall assist the lea

agencies/thematic cluster in seeking funds at the

secretary level or through the donor community especially for PAPs involving research, education,

and training for which the government has limited funding source under the GAA

6 NCDA monitors through the lead agencies funds

delivery and constraints on a regular basis for remedial action by the Office of the President

63

Table 9.6 Resource Mobilization Plan

Project/Activity/Project Resource Requirement by Source

Regular Government

Budget

Development Partners

Other Sources Total Budget

P 114,348,188.24

P 121,500,000.00

P 7,000,000.00

(Vulnerable)

P100,000.00

P242,948,188.24

Organization of a multi-stakeholder group (*To review, discuss, and document proposed amendments to BP 344 and RA 7277 and consolidation of proposals and position papers coming from the regions, provinces, cities and other stakeholders

Formulation of a policy in collecting appropriate information including research and statistical data on disability

Passage of a local code on disability laws to include the CRPD, appropriating/allocating funds for its implementation, its inclusion in the LGUs Annual Investment/Development Plans

Inventory, review and evaluation of existing administrative policies and plans on disability

Organization and strengthening of Self-Help Groups to include women with disabilities, parent associations of children with disabilities

Submission of all proposed disability laws/bills to Congress

Submission of all priority disability issues for its inclusion to the Philippine Development Plan 2011-2016 and for budget consideration

Inclusion of a universal/inclusive designs of physical accessibility as a policy in the selection of child friendly community nationwide

Creation of an Access Monitoring Team

64


Regular Government

Budget



(AMT)

Preparation of Regional Human Rights Plan on the CRPD

Submission to learning institutions of guidelines in the education of PWDs

Establishment of Help Desk for students with disabilities and those with cases filed in the police

Publication and distribution of information/communication materials

Translation of the CRPD into Filipino and in the major dialects, into Braille Format and in sign language

Initiate the conduct of special events on disability to raise the awareness of the community and change their perception on PWDs

Capacity building for all stakeholders (members of the Judiciary/Courts; Legislative and Executive Branches of the government; as well as the NGOs, CSOs, DPOs, the business sector, academe, church, media and the community on the CRPD)

Conduct Program Review and Evaluation Workshop (PREW) on disability Plans vis-à-vis the normative content of the CRPD

Conduct of Disability Summit/for a/consultations/conventions/congress

Development of Modules

Provision of resource augmentation

Conduct of Donors’ Forum

Lobby with five (5) pillars of the criminal justice system for the speedy trial/disposition of cases involving PWDs

Pilot LGU communities in Luzon, Visayas, Mindanao in the implementation to NHE, CBID, Inclusive Education

Monitor the profiling/data collection of PWDs, disaggregated into age, sex,

65


Regular Government

Budget



place of origin, civil status, education, socio-economic status and others

Document the best practices/success stories on disability

Monitor the implementation of plans, PAPs and document findings

Review national/local tracking system of the NGAs, LGUs to include PWDs as claimholders

Install monitoring instrument to monitor the implementation of Plans, PAPs

66

SECTION 9 Monitoring and Evaluation Plan

Monitoring refers to the tracking and assessing of the following:

(1) The efficiency and effectiveness of the thematic chapter/plan in terms of being able to accomplish the plans and programs that will help achieve the medium and annual targets under each thematic chapter;

(2) The overall plan to include the effectiveness of the use of

all inputs like technical expertise, participation of stakeholders and optimum use of the available resources both from regular and outside sources.

Evaluation refers to the following:

(1) The overall achievements; and, (2) The quality of the results produced both at the level of

outputs and outcomes The levels of accountabilities on the implementation of the CRPD chapter are as follows:

(1) The 1st level of accountability is on the implementing agencies, local government units, NGOs, and organization of PWDs and other stakeholders who are responsible for the implementation of plans and programs and provision of services for the sector;

(2) The 2nd level of accountability rests on the NCDA Secretariat, which is responsible for the overall monitoring of the implementation of the CRPD Chapter.

The monitoring and evaluation of the implementation of the CRPD chapter shall be based on the pre-set outcomes and thematic output objectives use as gauge of the performance indicators and corresponding medium and annual targets of the plan. The CRPD-PHRP II outcomes refer to the following:

(1) An enhanced national and local human rights policy and legal framework mainstreamed in the development and governance of the country;

67

(2) A progressive improvement of the human rights situation of the sector that is harnessed by political will at all levels of governance and the rule of law.

The CRPD-PHRP II indicators refer to the following: (1) Human rights compliant public services are available,

acceptable, and accessible to the sector of PWDs; (2) Policies and accountability mechanisms for human rights

protection and promotion in place; and, (3) Existence of public confidence on human rights measures

(as indicated in surveys). The monitoring and reporting system shall be undertaken as follows:

(1) The M and E will be carried out through the participation of stakeholders;

(2) The NCDA will require each of the accountable and responsible implementing agencies, organizations of PWDs, NGOs, LGUs and other stakeholders with specific tasks/assignments under each of the thematic outputs/objectives to submit a quarterly report using the format provided;

(3) Targets met and not met during the quarter must be reported citing the challenges encountered, which prevent compliance with performance targets programmed for the quarter. If the targets are not yet scheduled for completion, the status of completion of the targets must be reported;

(4) NCDA will consolidate the quarterly reports submitted by the implementing agencies for submission to the PHRC. Any adjustment made in the original medium and quarterly targets will have to be further evaluated and approved by NCDA in its regular meetings (Sub-committees, Executive Committee and Board). Any adjustments in the Plans objectives, time, schedule, resources and methods must be decided upon by the NCDA and the concerned implementing agencies;

(5) The NCDA will undertake a thorough review of the quarterly reports of the implementing agencies to determine the general status of completion of the targets and keep track of the progress of the CRPD as far as the level or extent to which the PPAs document-outputs are contributing to the realization of the annual and medium-term targets. The focus of the review of the NCDA will be

68

on the extent to which accountabilities of the implementing agencies are delivered and performed, and whether or not, the status and condition of the sector shows improvements; and,

(6) The results of the evaluation of the CRPD will be incorporated into the different development framework of the country to include the Philippine Development Plan (PDP), and its accompanying Regional, Provincial, City and Municipal Development Plans and other action plans for the PWD sector.

The evaluation will be done through formal and informal methods both at the regional and national levels.

(1) The results of the evaluation of the CRPD Chapter of the

PHRP II will be incorporated into the different development framework of the country to include the Philippine Development Plan (PDP), and its accompanying Regional, Provincial, City and Municipal Development Plans and other action plans for the sector;

(2) NCDA and implementing agencies including the sector may engage in an annual formal or informal review of the thematic chapters. It can be done through series of meetings focusing on how the achievements or non-achievement of annual targets influence positively or negatively the status or progress of the PHRP II towards the attainment of the CRPD outcomes. It is best that during these evaluations, adequate number of representatives of PWDs will be invited to participate;

(3) The output evaluation will be based on the extent to which human rights principles, standards and HRBA process to produce the quality of outputs. When the mid and post-outcome evaluation will be centered on the changes and improvements that happened attributable to the CRPD;

(4) The mid-term outcome evaluation shall be undertaken on 2012 and post-term on the 2nd half of the 4th year of implementation or in 2016. The post term evaluation must be finished within the 1st three months of the 2nd semester of 2014 and must be immediately submitted to the PHRC. Thereafter, the PHRC will convene members of the thematic cluster for the succeeding PHRP;

69

Table 9.7 Monitoring and Evaluation Calendar

M and E

activities

2012 2013 2014 2015 2016

Baseline study

Collection of baseline data

Quarterly

monitoring

Review of

Quarterly Accomplishments

Review of

Quarterly/Annual Report

Review and

Evaluation of Quarterly/Annual

Report

Review and

Evaluation of Quarterly/Annual

Report

Review and

Evaluation of Medium Term

Report

Review and Evaluation

Program Review and Evaluation

Workshop (PREW)


Workshop (PREW)


Workshop (PREW)


Workshop (PREW)

Final Evaluation Report

Surveys and

studies

Public watch

Qualitative and

Quantitative Research on:

Research Proposals;

Electoral Process

(SWS); Auxiliary Social

Services; Economic

Development; Education of

CWDs

Qualitative and

Quantitative Research on:

Research Proposals;

Electoral Process

(SWS); Auxiliary Social

Services; Economic

Development; Education of

CWDs

Studies of Best

Practices/Studies of Public

Perception on:

Accessibility to

build environment,

auxiliary social services,

economic development,

education of

CWDs

Studies of Best

Practices/Studies of Public

Perception

Accessibility to

built environment,

auxiliary social services,

economic development,

education of

CWDs

Final

Document/Studies of Best Practices

Studies of Public

Perception

Capacity

Building

M and E Training

for NCDA

Secretariat and Accountable

Duty-Bearers

M and E

Upgrading for

NCDA Secretariat and

Accountable Duty-Bearers

M and E

Upgrading for



M and E

Upgrading for



Publication of

Report

Milestones

(Performance Score Board)

Inclusion of

more

members of sectors and

other stakeholders

Provincial/City

Summit

Regional

Disability Summit

Regional

Disability Summit

Preparation of

Reports for the National Summit

National Disability

Summit

Evaluation Midterm

Evaluation

Post Evaluation

Government & Nonprofit

Chapter 9: CRPD Chapter