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Assistance to Landmine and Other ERW Survivors

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Assistance to Landmine and Other ERW Survivors Assisting Landmine Assisting Landmine and other ERW Survivors in the Context of Disarmament, Disability and Development Disability of Disarmament, the Context in Survivors ERW and other Landmine Assisting and other ERW Survivors in the Context of Disarmament, Disability and Development Anti-Personnel Mine Ban Convention Implementation Support Unit Geneva International Centre for Humanitarian Demining 7bis, av. de la Paix | P.O. Box 1300 | 1211 Geneva 1 | Switzerland t. + 41 (0)22 906 16 38 | f. + 41 (0)22 906 16 90 [email protected] | www.apminebanconvention.org A decade of deliberations on the problems caused by conventional weapons has resulted in various international This publication was prepared by the Anti-Personnel Mine Ban Convention Implementation Support Unit thanks legal instruments. Based on the precedents established through more than a decade of efforts to implement the to support provided by Australia through the Australian Agency for International Development (AusAID). Anti-Personnel Mine Ban Convention, there is consistency amongst these instruments. Different legal instruments, but with a uniform approach as concerns assisting victims and survivors of landmines and other explosive remnants The Implementation Support Unit acknowledges the contribution of both Sheree Bailey AM, who served as this of war, present certain opportunities. These opportunities concern ensuring coherence, closer cooperation and publication’s lead author, and, those experts representing States and non-governmental organizations, whose input efficiency, ultimately with a view to achieving the greatest impact on the ground in affected communities. Taking during the drafting of this publication was invaluable. advantage of these opportunities means enhancing the understanding of a wide range of actors on assisting survivors in the context of disarmament, disability and development. The purpose of this publication is to assist in meeting The Implementation Support Unit is the standing support to the Convention and the States Parties, having been this need. hosted by the Geneva International Centre for Humanitarian Demining pursuant to a 2001 formal decision of the States Parties. ISBN 2-940369-44-5 The Implementation Support Unit is a cost-effective and innovative means to service the needs of the States Parties and through its mandate has been authorised to communicate about the Convention and its implementation. It is funded on a voluntary basis by States Parties to the Convention. ASSISTING LANDMINE AND OTHER ERW SURVIVORS IN THE CONTEXT OF DISARMAMENT, DISABILITY AND DEVELOPMENT CONTENTS FOREWORD 5 PART I | INTRODUCTION AND BACKGROUND 9 > INTRODUCTION 9 > CHAPTER 1 | EVOLUTION OF ASSISTANCE TO VICTIMS AND SURVIVORS IN INTERNATIONAL HUMANITARIAN LAW 13 > The Ottawa Process and victim assistance 14 > Progress in the first five years after entry into force 16 > Progress in achieving the victim assistance aims of the Nairobi Action Plan 22 > Victim assistance after the Cartagena Summit 28 > Victim assistance in other instruments of international humanitarian law 30 PART II | A FRAMEWORK FOR ACTION 39 > CHAPTER 2 | UNDERSTANDING THE TERMINOLOGY: VICTIM, SURVIVOR AND VICTIM ASSISTANCE 40 > Who is a “Victim”? 40 > Who is a “Survivor”? 43 > What is “Victim Assistance”? 43 > CHAPTER 3 | PRINCIPLES AND UNDERSTANDINGS ON VICTIM ASSISTANCE 45 > Non-discrimination 45 > Victim assistance in broader contexts 46 > Effective inclusion and participation 52 > Accessibility 53 > Gender and diversity 54 > Responsibility and national ownership 54 > Sustainability 57 > Coherence with other instruments of international humanitarian and human rights law 57 > CHAPTER 4 | THE BASIS FOR ACTION: UNDERSTANDING THE EXTENT OF THE CHALLENGE 63 > Injury surveillance/casualty data collection 66 > Needs assessments and community surveys 70 > Mapping 72 CONTENTS > CHAPTER 5 | A HOLISTIC APPROACH AND INTEGRATED APPROACH TO ADDRESSING THE RIGHTS AND NEEDS OF VICTIMS AND SURVIVORS: GOOD PRACTICE 75 > Emergency and continuing medical care 76 > Physical and functional rehabilitation 81 > Psychological and psychosocial support 85 > Social inclusion 88 > Economic inclusion 92 > Laws and policies 99 PART III | ENHANCING EFFORTS TO ASSIST VICTIMS AND SURVIVORS 107 > CHAPTER 6 | A STRATEGIC APPROACH TO ASSISTING VICTIMS AND SURVIVORS 107 > Developing a strategic approach to assist victims and survivor 108 > Implementing the strategic approach at the national level 111 > Overview of good practice in applying the strategic approach at the national level 122 > CHAPTER 7 | STRATEGIES TO ENHANCE EFFORTS TO ASSIST VICTIMS AND SURVIVORS IN BROADER CONTEXTS 125 > Inclusive development 125 > Community based rehabilitation 127 > Inclusive education 129 > CHAPTER 8 | VICTIM ASSISTANCE AND THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES 132 > Overview of the Convention on the Rights of Persons with Disabilities (CRPD) 133 > The relevance of the CRPD to victim assistance 135 > Recommendations to achieve coherence 138 > CHAPTER 9 | A MULTI-SECTORAL APPROACH TO ASSISTING VICTIMS AND SURVIVORS: MAIN STAKEHOLDERS 142 > Relevant State entities 142 > Survivors and other persons with disabilities and their representative organisations 143 > International organisations 143 > Non-governmental organisations 147 > National mine action authorities and those who advise them 149 > States and others in a position to assist 151 > Disarmament diplomats 152 CONTENTS > CHAPTER 10 | INTERNATIONAL COOPERATION AND ASSISTANCE 154 > International cooperation and assistance in the context of disarmament 155 > International cooperation and assistance in the context of disability 156 > International cooperation and assistance in the context of development 157 > Modes of international cooperation and assistance 158 > Mechanisms for international cooperation and assistance 160 > Challenges to effective international cooperation and assistance 166 > Recommendations 168 PART IV | CONCLUSIONS AND RECOMMENDATIONS 173 > CHAPTER 11 | OPPORTUNITIES AND LIMITATIONS 174 > CHAPTER 12 | THE WAY FORWARD 178 ANNEXES 183 > ACRONYMS 184 > EXTRACT FROM THE CARTAGENA ACTION PLAN 2010-2014 186 > RECOMMENDATIONS ON IMPLEMENTING THE CARTAGENA ACTION PLAN 2010-2014 189 > EXTRACT FROM THE VIENTIANE ACTION PLAN 210 > PLAN OF ACTION ON VICTIM ASSISTANCE UNDER PROTOCOL V 213 > SELECTED BIBLIOGRAPHY 216 FOREWORD PROFESSOR EMERITUS RON MCCALLUM AO My ultimate dream is that all of we people with disabilities are treated equally and that everyone understands, and welcomes, the contribution that we persons with disabilities can bring to the social, cultural, economic and political life of our communities. Sadly, there is a long way to go before my dream is realised. In many countries, people with disabilities still struggle to have their voices heard and to enjoy their basic human rights. One of the main challenges highlighted in efforts to implement the Convention on the Rights of Persons with Disabilities (CRPD) is how to translate policy into practice to actually bring about tangible improvements in the quality of daily life of persons with disabilities and facilitate their full participation and inclusion. In June 2010, I had the pleasure of participating in the Anti-Personnel Mine Ban Convention’s Standing Committee on Victim Assistance and Socio-Economic Reintegration. This gave me an opportunity to share some reflections on the reach and scope of the CRPD, as well as on the work of the CRPD’s treaty body, which is called the United Nations Committee on the Rights of Persons with Disabilities (the Committee). The primary purpose of the Committee is to monitor the implementation of the CRPD by all those countries which have ratified it. The CRPD, which enshrines the human rights of we persons with disabilities, is relevant to victim assistance. To prepare myself for the meeting, I researched the problem of landmines and other explosive remnants of war (ERW) and was shocked to discover the extent of the suffering and the number of people still living with this scourge. I did not know how many of my sisters and brothers with disabilities had joined our family because of these insidious weapons. It made me realise that many of us are working within a narrow framework, whether it be disability, disarmament, development or other fields, and that we are not fully aware of broader issues that may have relevance to our work. The connectivity between disarmament, disability and development is one case in point. 5 FOREWORD PROFESSOR EMERITUS RON MCCALLUM AO This publication brings together over a decade of experience in efforts to assist the victims of landmines and other ERW. The publication will make a valuable contribution to raising awareness among a broad range of actors working on issues and in sectors central to efforts to assist survivors and other persons with disabilities. Furthermore, the publication has the potential to promote coherence, closer cooperation and efficiency in collective efforts to implement relevant instruments of international humanitarian and human rights law. The impact of international humanitarian law, starting with the Anti-Personnel Mine Ban Convention, in addressing the rights and needs of persons with disabilities should not be under-estimated. The parties to the Anti-Personnel Mine Ban Convention and Protocol V of the Convention on Certain Conventional Weapons have adopted principles, understandings and plans that have the potential to improve the quality of daily life of survivors, their families
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