NATIONAL HUMAN DEVELOPMENT REPORT 2009 FROM EXCLUSION TO EQUALITY: REALISING THE RIGHTS OF PERSONS WITH DISABILITIES IN KAZAKHSTAN The Institute for Parliamentary Development of the Nur Otan PDP was commissioned by the United Na- tions Development Programme (UNDP) in Kazakhstan for production of the National Human Develop- ment Report for 2009 Report materials could be reproduced in whole or in part, without prior permission of the United Nations Development Programme, provided proper reference is made to this publication. This publication is published within the UN Development Programme in Kazakhstan project and with the technical assistance of the British Embassy to Kazakhstan and Kyrgyzstan and the Ministry of Foreign Affairs of the Republic of Kazakhstan. This report does not necessarily reflect the official views of UNDP, the British Embassy to Kazakhstan and Kyrgyzstan and the Ministry of Foreign Affairs of the Republic of Kazakhstan. The cover features Kassiyet Omarova’s painting All is in Your Hands. 2 NATIONAL HUMAN DEVELOPMENT REPORT 2009 FOREWORD BY MR. YERBOL ORYNBAYEV, DEPUTY PRIME-MINISTER OF THE REPUBLIC OF KAZAKHSTAN The National Human Development Report of the Republic of Kazakhstan presented to you here is dedicated to one of the most im- portant problems of social development in our country. It concerns the status and prospects regarding the resolution of one of the long lasting and troubling issues our society has, how to create the condi- tions for adequate realisation of the rights of persons with disabilities. It should be noted that since gaining its independence, the cre- ation of the social protection system for citizens who have been un- willingly limited in their abilities has been given a lot of attention in Kazakhstan’s national social policy. This system is founded on the idea that the political decision-making centres (the President of the Republic of Kazakhstan, the Parliament, and the Government) have the view that disabled persons are part of the society like other people, and that it is our duty to help them, as much as the state resources allow, to become an active part of the society. Also, they aspire to overcome disabled persons’ feelings of estrangement or ex- clusion from the accomplishments made by Kazakhstan during the short history of its independence. Formation of the legislative basis for social protection for persons with disabilities has been one of the primary goals outlined in the Addresses of the President to the People of Kazakhstan and also one of the assignments set by the Head of State for the Parliament and the Government. In the meantime, in order to make the social protection policy systematic in the domain of realisation of the rights of persons with disabilities, the programmes for disability rehabilitation have been executed on a regular basis, making the creation of the foundation for social protection for persons with disabilities in Kazakhstan possible. With the economic growth of Kazakhstan, the annual social payments has also been increasing and the infrastructural service barriers for disabled people have been gradually diminished. Having signed the International Convention on the Rights of Persons with Disabilities, Kazakhstan has now demonstrated its acute intention to resolve issues which relate to persons with disabilities in accor- dance with international standards. Naturally, we fully realise that a lot has to be done in this domain, but we are determined to adjust our approach to the disability issue. Also, we are determined to do everything possible to offer state assistance, as well as to provide possibilities for persons with disabilities to enjoi their rights as equal members of our society. In this regard, the National Report, which objectively states the successes and shortcomings of our activity, is considered as an immense assistance. Most importantly it provides practical recommendations that we shall certainly use in our work on the creation of conditions for realisation of the rights of persons with disabilities who are citizens of the integrated Kazakhstan. NATIONAL HUMAN DEVELOPMENT REPORT 2009 3 FOREWORD BY MR. HAOLIANG XU, UN RESIDENT CO-ORDINATOR/ UNDP RESIDENT REPRESENTATIVE It is a pleasure to present the National Human Development Report for 2009, which is dedicated to the complex analysis of the current status of dis- abled persons in Kazakhstan, and also to the research of prospects on how to improve their well-being, guided by international standards. This report is issued during a year when the world community is searching for measures to improve the economic and social deterioration taking place throughout all countries worldwide, resulting from the global economic decline and the negative economic growth. Under the conditions of the global finan- cial crisis, what appears to be a crucial precursor of re-establishing stable growth are investments in human capital and realisation of the potential of all groups of the population, including those who have disabilities. Wise men say that the state’s attitudes to the elderly, disabled persons and children determine the extent to which the state reaches its develop- ment. The choice of a theme for this National Human Development Report has been influenced by the global changes occurring worldwide which are concerned with the attitudes towards disability issues and disabled people. The paradigm is changing; the beneficial position is being gradually replaced by a new concept solely and firmly founded on human rights. The Convention on the Rights of Persons with Disabilities and its Optional Protocol which was recently approved by the UN General Assembly provides evidence of these changes taking place; it is reflected in a unique international document in the domain of human rights of the 21st century, which asserts an unquestionable degree of protection of disabled persons. Unfortunately, being a disabled person still implies a lot of hardship in a great number of countries worldwide, including Kazakhstan. There are multiple infrastructural, physical, legal, communicational, psychological and other barriers standing in the way of the complete realisation of the rights of disabled persons. One rarely encounters a per- son in a wheel chair, a blind person, or someone who has Down’s syndrome in the open or outside of their residence. It is not the case that there are fewer of these persons in Kazakhstan than in other countries, but that the social infra- structure and the public mentality in general are established for able-bodied people only. In December 2008 by signing the Convention on the Rights of Persons with Disabilities and its Optional Protocol Kazakhstan has demonstrated its serious intentions to join the international agreement. This is now the time of intro- ducing important reforms in the system of human rights in the domain of disabilities, which will reflect the principles of dignity and full involvement, equality and accessibility. It is aimed at the realisation of human rights and addressing the social inclusion issues for all disabled persons. The report presented for you here is the first complex analysis of the legislation and the socio-economic infra- structure of Kazakhstan relating to disabled persons. In addition, legislative, institutional and socio-economic measures have been developed and defined, which are necessary to prepare for the ratification and implementation of the Con- vention on the Rights of Persons with Disabilities and its Optional Protocol. The report, which is jointly prepared by a group of experts from the Institute for Parliamentary Development of the Nur Otan PDP and with the international and national consultants who represent non-governmental organisations, academic institutions and public organisations, has defined the advantages that the society will gain from the involve- ment of disabled persons in the political, social, economic and cultural domains. In addition to this, clear plans for action and step-by-step guides on how to prepare for the ratification of the Convention on the Rights of Persons with Disabilities and its further implementation in Kazakhstan, are also presented. It is important to note the on-line discussion mechanism that has been employed for the first time in the history of the preparation of the National Human Development Report, which helped to collect the recommendations by the parties concerned, primarily from disabled persons themselves across the country. The discussion of the research results and the recommendation developments in the present report also included a great number of practising special- ists, scientists, social activists and politicians both nationally and in the local regions. I sincerely believe that this report will attract attention to the problems that disabled persons and their families have, will bring changes to secure their dignity, their rights and well-being, and that it will lay a foundation for pro- found legal changes in the way that disabled persons are perceived and the problems they encounter. I hope that the present cooperative work will in many respects assist ratification of the Convention on the Rights of Persons with Dis- abilities and its Optional Protocol in Kazakhstan, and the general public will acknowledge that every person should have the right to realise their potential and personal development. 4 NATIONAL HUMAN DEVELOPMENT REPORT 2009 FOREWORD BY MR. PAUL BRUMMELL, BRITISH AMBASSADOR TO KAZAKHSTAN AND KYRGYZ REPUBLIC The British Government has been pleased to provide funding support for a programme of activity dedicated to realising the rights of persons with disabilities in Kazakhstan, of which Kazakhstan’s Na- tional Human Development Report 2009 “From Exclusion to Equal- ity: Realising the Rights of Persons with Disabilities” is an important product. We are delighted that in December 2008 Kazakhstan signed the UN Convention on the Rights of Persons with Disabilities as well as its Optional Protocol. The signature of the Convention provides an important impulse to efforts in Kazakhstan to ensure that the rights and dignity of persons with disabilities are protected, and we look forward to its ratification by Kazakhstan.