Par Nigah Awj
Alors déjà je suis à ma dernière semaine de stage avec DRI au Mexique. Ces trois mois ont passé comme une flèche, mais j’ai eu la chance de me bâtir une vie pas mal complète ici. Ah que c’est dure les adieux!
Depuis mon arrivée, je me suis bâti des relations familiales, amicales, spirituelles, d’amour, ainsi que de travail. Les gens autour de moi m’ont constamment choyé avec tant d’amour et d’encouragements, je me sens bénie. De plus, le travail au sein de l’organisme m’a appris énormément et m’a fait grandir. C’est un rêve devenu réalité pour 3 mois, j’ai appris que me battre pour les droits humains pour apporter les changements nécessaire, c’est ce qui me motive dans la vie!
Durant ces trois mois avec DRI, j’ai visité 2 institutions psychiatriques, une pour femmes (CAIS), une pour enfants
; interviewé une victime d’une institution abusive dans sa maison ; participé aux réunions du Colectivo Chuhcan, seul organisation au Mexique constitué de personnes handicapées qui offrent des services de support et guides; participé à une formation d’analyse de sécurité de Peace Brigades International et Coperativa Tierra Commun ; émis des commentaires et suggestions sur la réalisation d’un protocole gouvernemental au sein de la fiscalité national ; répondu à des évaluations de pays de la commission des droits humains des Nations Unis ; élaboré des analyses légales sur les droits reproductives des femmes handicapées au Mexique pour la Commission Interaméricaine des droits humain ; écris des articles sur l’institualization au Guatemala ; émis des commentaires sur les recommandations de la comité CEDAW des Nations Unis ; et dans mes temps libres escaladé des montagnes, nagé dans l’océan ; visité des musées, vu des villages historiques, dégusté milles saveurs du Mexique et appris à danser.
Indeed it is a beautiful life!
My involvement with DRI made me realise that there is a lot of work and change needed to give a life of dignity to people with disabilities. I am impressed by the strategy and impact of DRI in the world. Small offices, but amazing work! DRI Mexico take cares of Mexico and Guatemala’s cases; two people taking care of two nation’s advocacy for disability rights, that is immense!
Across the world, persons with disabilities are abandoned in large segregated institutions, where they often face abuse and torture. DRI report, Abandoned and Disappeared, documented horrific and pervasive abuse and generalized segregation of people with disabilities in institutions across Mexico. Even with good conditions institutions are inherently dangerous places for people with disabilities, where they are segregated for life. Investigators discovered that children with disabilities disappear and are trafficked; within institutions, people are left in permanent restraints which constitute torture; the use of lobotomies and psychosurgeries persist; abandoned people languish in institutions for their lifetimes; there is discrimination against children with disabilities in outplacement and adoption; there is an extreme lack of treatment and rehabilitation; living conditions in institutions are often inhumane and degrading; people are denied legal capacity and access to justice. It also finds that in Mexico there are no alternatives to institutions so, once children and adults are detained in one, they will stay there for life.
With the adoption of the CRPD, there has been an international recognition that institutionalization of people with disabilities is a serious human rights violation and is an outmoded and an unacceptable form of “care” in the 21st Century. However, this outdated model is still prevalent in many countries and people with disabilities’ human rights are still forgotten in human right talks around the world. The life conditions of people with disabilities are still dealt with in a frame of medical perspective, which is most often unfounded or based on eugenic theories, and not seen from a human rights perspective.
DRI is pushing both Guatemala and Mexico’s government to move from a system of institutionalization to community based services for persons with disabilities, in accord with article 19 of the CRPD for the right to community living. For this change to happen through advocacy, awareness and litigation, all three levels have to be involved: the local, the national and the international. DRI works closely at the local level through monitoring and interviews with victims, institution workers, families; also with the government at the national level to report cases, work on policy changes, and recommend the development of community programs; DRI also reports to international bodies with standing such as the IACHR, the CEDAW, the CAT, UNHRC to pressure the unwilling government to fulfill its international responsibilities.
The local presence is very important to understand the needs of people with disabilities and what impacts the programs might have on them. International models are of great use to help implement much needed programs and elevate the life conditions of persons with disabilities; however each country comes with their limitations and ways of doing things. Without local presence, awareness and understanding the implementation of such development programs might end in disaster. There has to be a change of mentality and understanding within the general society itself to push for respect and understanding of the rights of people with disabilities. As well, persons with disabilities must be present in each level of the planning and implementation of changes as they know best what is needed for them.
At a national or governmental level, I have experienced how difficult change might be when faced with an oppressive and unwilling government. The State of Guatemala, with a lot of international pressure have moved to sit for negotiations and starting many pilot projects to move persons with disabilities in community based programs and help their integration. DRI is involved in negotiations to push the government to fulfill these obligations and hoping to guide the start of these projects. In Mexico, however, DRI is facing oppression, threat and defamation from the government. Even with the ratification of international conventions oriented towards protecting the rights of person with disabilities, Mexico’s government is unwilling to make changes and investigate abuses against this vulnerable group. They have blocked all access to DRI, refuse to process complains and actively threatened DRI workers to not publish reports. In Mexico, these events have forced the workers to seek some kind of legal protection, take classes on security and have created a lot of tension. DRI is working on multiple different strategies to figure out how to continue their mission through international support of United Nations and the Inter-American Commission of Human Rights without which it would be almost impossible to hold corrupted unwilling governments accountable.
The Case of Casa Esperanza
In Guatemala, DRI has admitted a petition against the government of Guatemala to the IActHR for the National Mental Health Institution, Federico Mora, one of the most dangerous intuitions in Latin America and hoping to hold the government accountable for the abuses. This year, in Mexico, DRI would like to repeat the same kind of petition in regards to a very dangerous institution where multiple abuses have been reported called Casa Esperanza. I have been working on the legal analysis for this case, especially trying to qualify forced sterilization happening in this institution as torture to hold the government accountable and urge its international obligation to protect people from torture, especially when these practices take place in public hospitals.
It is great to be part of this movement, slow but effective. There is so much more to learn, see and experience within this field of law and I am hoping to continue my involvement with this organization.