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ReportInformal Consultative Meeting on
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1. The meeting was organised by the Division for Social Policy and Development of the United Nations Secretariat in accordance with its approved programme of work on global disability policies. The Division posted background information in advance of the meeting on the Internet site of the United Nations at the following address: http://www.un.org/esa/socdev/enable/disother.htm.
2. The meeting had for its consideration a background paper prepared by the Division on "Human rights of persons with disabilities". Substantive contributions for the meeting also were provided by the Organisation of American States, an intergovernmental organisation, the Office of the High Commissioner for Human Rights, and the China Disabled Persons' Organisation, a non-governmental organisation.
3. Mr. Bengt Lindqvist, Special Rapporteur on Disability of the Commission for Social Development, chaired the meeting.
4. Mr. John Langmore, Director, Division for Social Policy and Development, opened the meeting with brief welcoming remarks. Mr. Langmore recalled that the United Nations has been concerned with issues related to persons with disabilities since its establishment in 1945 at San Francisco. The work of the Organisation initially focussed on promotion of the rights and well-being of persons with disabilities, as reflected in both the Charter and in the Universal Declaration of Human Rights and in related human rights instruments. With the adoption of international instruments such as the World Programme of Action concerning Disabled Persons and the "Standard Rules on the Equalisation of Opportunities for Persons with Disabilities," the international community had directed its attention to the full and effective participation of persons with disabilities, on the basis of equality, in social life and development.
5. The situation of persons with disabilities had been an issue of substantive concern in recent United Nations conferences and summits and in their respective five-year reviews, particularly on such issues as poverty eradication, advancement of women, and adequate and accessible shelter. For instance, during the twenty-fourth special session of the General Assembly, which considered progress and obstacles encountered in implementation of the commitments of the World Summit for Social Development, the situation of persons with disabilities was evident in the debate on progress in furthering the Summit commitments.
6. This meeting had been termed an "informal consultative meeting" to emphasise the interest in providing a forum for an exchange of views on emerging issues concerning a broad human rights framework and persons with disabilities. Results of the exchange will provide guidance for the work of the Division related to its programme on global disability policies.
7. Mr. Bengt Lindqvist, Special Rapporteur on Disability of the Commission for Social Development, began his statement by recalling, as a one-time jazz musician, the phrase, "now is the time". He added that this phrase assumes special importance in discussions on norms and standards and the rights of persons with disabilities: now is the time to move from words to action. Agreement was needed on the nature of future action at the international level and on a timetable for these efforts. Both the Commission for Social Development and the Commission on Human Rights have the rights of persons with disability on their respective agenda. For instance, the report of the third mandate of the Special Rapporteur, covering the period 2000-2002, will be considered by the fortieth session of the Commission for Social Development in 2002. This suggests a need for Governments to decide on how to further promote and monitor implementation of the "Standard Rules" - whether this will continue to be separate from monitoring the World Programme of Action concerning Disabled Persons or will be more closely integrated with that process. In pursuance of operative article 30 of Commission on Human Rights resolution 2000/51 a study will be undertaken this year by the Office of the High Commissioner for Human Rights in Geneva on ways to strengthen human rights mechanisms as they pertain to persons with disabilities.
8. Mr. Lindqvist observed that the non-governmental community is strongly interested in a convention as an appropriate next step in promoting the rights of persons with disabilities. In his view there are two possible ways forward:
(a) Develop effective monitoring methods and procedures within existing human rights instruments ( on which he noted little had been done to date);
(b) Begin elaborating a special convention on the rights of persons with disabilities.
9. In his view these are complementary rather than competing approaches. It will be vitally important to co-ordinate the different ways forward in terms of work plans and time frames.
10. The future of the "Standard Rules" will need to be discussed, particularly whether they will supplement or be supplanted by other human rights instruments. He noted two important substantive contributions by the United Nations Secretariat to this process: an "Expert meeting on international norms and standards relating to disability (Berkeley, CA (USA), 8-12 December 1998)" 1 and an "Interregional seminar and symposium on international norms and standards relating to disability (Hong Kong, SAR, 13-17 December 1999)" 2. He added that his office had recently organised at Stockholm an "International seminar on human rights and disability", from 5-9 November 2000, whose report had been made available to the meeting.
11. The representative of the Organisation of American States stated that the "Inter-American Convention on the Elimination of all Forms of Discrimination against Persons with Disabilities" had been adopted by resolution 1608 (XXIX-0/99) of the General Assembly of the Organisation of American States on 7 June 1999. To date the Convention had been ratified by three states and requires six instruments of ratification to come into force. The Convention was in four parts: firstly, the objectives concerning the prevention and elimination of discrimination and the integration of persons with disabilities into society; secondly, the obligations of States parties; thirdly, definitions of discrimination and disability; and fourthly, implementation mechanisms. Approval to elaborate a convention on persons with disabilities was obtained in 1993; in 1996 OAS member States adopted the "Panamá Commitment to Persons with Disabilities in the American Hemisphere," which instructed the OAS Permanent Council to prepare a draft "Inter-American convention" that the OAS General Assembly adopted at Guatemala in1999.
12. Existing protection for disabled persons under Organisation of American States human rights instruments was limited. For instance, the "American Convention on Human Rights, 'Pact of San José, Costa Rica'" contains three articles on anti-discrimination but makes no reference to disability. The "Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights, 'Protocol of San Salvador'" presents in article 18 special entitlements on the protection and promotion of well being of persons with disabilities but makes no mention of their human rights. One difficulty is that there were no human rights mechanisms within the Organisation of American States; there were rather a series of agreements focussing on conduct of and between States. International responsibility for non-compliance was unclear.
13. Three aspects of the "Inter-American Convention on the Elimination of all Forms of Discrimination against Persons with Disabilities" limited its capacity to promote the human rights of persons with disabilities. First, the Convention included a great deal on prevention and elimination of discrimination against persons with disabilities but little on the rights of persons with disabilities. Second, the Convention refers to the conduct of States parties in such areas as education, labour law and related measures to eliminate discrimination without elaborating any obligations to achieve results. Third, the implementation mechanisms - the Committee [of States Parties] for the Elimination of All Forms of Discrimination against Persons with Disabilities will be set up only following the deposit of the eleventh instrument of ratification. Previous experience suggests that it will be difficult to gain instruments of ratification from sufficient States parties for this to work even if the Convention would come into force after the deposit of the sixth instrument of ratification. If the Committee were established and States parties submit reports on compliance and problems in implementation of the Convention, there was no mechanism to make States accountable. Nevertheless the Convention represents an important first step in the recognition of the human rights of persons with disabilities in an international environment.
14. The representative of the Office of the High Commissioner for Human Rights emphasised the importance of focussing on the human rights of persons with disabilities and their treatment in international instruments. A paper contributed to the meeting by the Office of the High Commissioner for Human Rights describes existing human rights instruments and provisions that have a direct or indirect impact on the situation of persons with disabilities. The paper also reviews human rights extra-conventional mechanisms that could be encouraged better to integrate the issue of disability in their activities. The paper concludes by outlining procedures for drafting and adopting new human rights instruments.
15. Fifty participants and observers attended the World NGO summit on disability, which was hosted by the China Disabled Persons' Federation at Beijing from 10 to12 March 2000. The Summit directed special attention to a discussion on strategy and future actions by the non-governmental disability movement in the 'new century'. On 12 March, Summit participants adopted the "Beijing declaration on the rights of persons with disabilities in the new century," which was forwarded to all permanent missions to the United Nations and to the Secretary-General of the United Nations seeking support for elaboration of an international convention on the rights of persons with disabilities.
16. Leaders of non-governmental disability organisations attending the Summit agreed to the following points:
17. Participants noted the importance of meeting to interact, share perspectives and exchange information on promotion and protection of the rights of persons with disabilities.
18. Several Governments commented on meeting documentation, noting in particular the useful review of human rights instruments and persons with disabilities, contributed by the Office of the High Commissioner for Human Rights, and the thoughtful discussion on international instruments and the rights of persons with disabilities in the report of the "International seminar on human rights and disability (Stockholm, 5-9 November 2000)" organised by the Office of the Special Rapporteur on Disability of the Commission for Social Development.
19. Several Governments cited the need to intensify action to promote and protect the rights of persons with disabilities. The question currently was under consideration by two intergovernmental bodies: the Commission for Social Development (pursuant to Economic and Social Council resolution 2000/10 of 27 July 2000) and the Commission on Human Rights (CHR resolution 2000/51 of 25 April 2000). Resolutions of both Commissions cite the need for joint work in co-operation with the Special Rapporteur on Disability. The view was expressed that efforts to improve co-ordination and co-operation on the rights of persons with disabilities should include the Commission on the Status for Women as well.
20. One Government observed that while there was no consensus on elaboration of a convention on the rights of persons with disabilities some ten years ago, discussions on the question in intergovernmental bodies served as the point of departure for work on the "Standard Rules on the Equalisation of Opportunities for Persons with Disabilities" (General Assembly resolution 48/96, annex, of 20 December 1993). The Commission on Human Rights recently had cited, in operative paragraph 1 of its resolution 2000/51, the "Standard Rules" as a "yardstick" of the human rights of persons with disabilities. Another Government noted that the "Standard Rules" are a non-binding instrument and the need for a binding instrument to address the broad spectrum of rights of persons with disabilities. The importance of policy-level support and legislation by national legislatures was noted, since conventions depend upon national law for translation into action.
21. One Government requested further clarifications on reasons for not initiating action some ten years ago to elaborate a convention on the rights of persons with disabilities. The Special Rapporteur on Disability recalled the view expressed by many that a special convention could serve to marginalise the rights of persons of disabilities as a special issue rather than as an essential component of mainstream international instruments. Intergovernmental bodies had also been heavily engaged at the time in elaborating two major binding international instruments: the "Convention on the Elimination of all Forms of Discrimination against Women" (General Assembly resolution 34/180, annex, of 18 December 1979), and the "Convention on the Rights of the Child" (General Assembly resolution 44/25 of 20 November 1989). Finally there was the issue of national capacities and institutions to formulate and implement rights-based legislation in support of a convention on the rights of persons with disabilities. In a recent resolution (CHR resolution 2000/51), the Commission on Human Rights had addressed means to open mainstream treaty bodies concerning the rights of persons with disabilities. Commission resolution 2000/51 raises the question of current and reliable information on the rights of persons with disabilities for monitoring purposes.
22. Several Governments expressed interest in addressing the rights of persons with disabilities by means of a "twin-track" approach, which would involve elaboration of a convention, and studies on options to mainstream promotion and protection of the rights of persons with disabilities in current international instruments. A convention was viewed as a complement and not as a mutually exclusive alternative to current international instruments and the rights of persons with disabilities. One Government expressed the view that special attention should be directed to the situation of intellectually disabled persons, since this had not been adequately treated to date.
23. In this connection, the representative of the Office of the High Commissioner for Human Rights recalled a 1985 resolution adopted by the Commission on Human Rights on new international human rights instruments, which states that new standards must be relevant to fundamental issues and that new standards must not be less than existing standards.
24. Some Governments took note of efforts by the non-governmental community to promote awareness and support to elaborate a convention on the rights of persons with disabilities. The view was expressed that attention and support as appropriate be accorded this strong aspiration by the non-governmental community
25. Representatives of the non-governmental community stated that the meeting was timely and necessary. They expressed the view that elaboration of a convention on the rights of persons with disabilities is of great importance particularly since disability now is looked upon primarily as an issue of human rights rather than a matter of concern to medical and social welfare services. It also was noted that a convention is considered to be a complement to the "Standard Rules" and not an alternative instrument. While the "Standard Rules" are non-binding, they are an essential instrument and provide useful guidance for policy and practice.
26. A representative of one non-governmental organisation noted that the international community could learn from the experience of the "Inter-American Convention on the Elimination of all Forms of Discrimination against Persons Disabilities" of the Organisation of American States. Reference also was made to progress in implementing the "Asian and Pacific Decade of Persons with Disabilities (1993-2002)" in promoting awareness of the rights of persons with disabilities as well as the recently proclaimed "Africa Decade of Disabled People (2000-2009)". The view was expressed that action was needed to mainstream the rights of persons with disabilities as well as in such areas as education and health care; this is best addressed within the framework of a convention. Note also was taken of the planned study by the Office of the High Commissioner for Human Rights on international instruments and the human rights of persons with disabilities, whose results are awaited with interest since these will provide objective, comprehensive and up-to-date information on current practice.
27. A representative of one non-governmental organisation raised the question of the rights of older persons and relevant instruments in the disability field. The Special Rapporteur on Disability noted that the "Standard Rules" set no age limit and address basic issues in promoting the equalisation of opportunities.
28. A representative of another non-governmental organisation noted the importance of sport in promoting awareness of the rights of persons with disabilities and referred in particular to the activities of the International Paralympics Movement.
29. The Special Rapporteur on Disability expressed his thanks to all participants for the informed and productive exchange of views and information. He noted that the next few months are important in the study of future courses of action related to the promotion of the rights of persons with disabilities. The question will be considered at the upcoming session of the Commission on Human Rights and at the fortieth (2002) session of the Commission for Social Development. In his view the focus of work should be on (a) identifying clearly what actions are required to further the rights of persons with disabilities and (b) harmonising options for promoting and protecting the rights of persons with disabilities; elaboration of a convention represents a special issue. He observed that as efforts are made to develop existing instruments so that they more effectively further the rights of persons of persons with disabilities in the mainstream, the issue of elaborating a convention will require careful study. The planned review by the Office of the High Commissioner for Human Rights of current international instruments and the rights of persons with disabilities is important and will be of considerable practical benefit in this regard.