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Article
32 - International cooperation
Background Documents | Article
32 Background
Seventh Session | Sixth Session | Fifth
Session | Fourth Session | Third
Session
Working Group
Fourth Session
Governments
African Group
Non-governmental organizations
International Disability Caucus
Comments, proposals and amendments submitted electronically
Governments
ARTICLE 24
BIS
INTERNATIONAL COOPERATION
State Parties shall engage in international cooperation as an essential
element for the implementation of this convention in a spirit of solidarity,
in particular for the full and equal enjoyment of all human rights and the
dignity of persons with disabilities. State Parties at all levels of government
should encourage and support the exchange of knowledge and experience and
promote international cooperation with international and regional organizations,
specialized agencies, organizations of persons with disabilities, non-governmental
organizations, national human rights institutions, as well as other national
institutions, private sector, financial institutions and other stakeholders.
1. International cooperation among States shall include, but not be limited
to:
a) Contribute to international and regional programmes and related activities
aimed at raising awareness about the rights of persons with disabilities
and combating stereotypes;
b) Sharing information concerning best practices on measures, legislation,
national policies and programmes to implement the present convention and
on the progress and challenges in this regard;
c) Adopting measures in favor of persons with disabilities in existing and
future international cooperation activities, agreements and programmes;
d) Encouraging programmes of exchange concerning information, technical
assistance, communications and assistive technologies or equipment;
e) Taking measures, including financial and technical assistance, aimed
at enhancing with a multidisciplinary approach the capacities of States,
particularly developing countries to effectively implement this Convention.
(f(Conclude agreements for the issue of regional or international disabled
persons’ cards for the purpose of various entitlements-Israel)
2. International cooperation with respect to international and regional
organizations shall include:
a) The United Nations and its specialized agencies shall take steps to ensure
the effective integration of a disability perspective in their work and
to periodically assess the impact of their programmes and activities on
the full and equal enjoyment of all the human rights and dignity of persons
with disabilities and to adjust them when and where required;
b) Increasing advisory services and technical cooperation;
c) Promoting meetings, courses, seminars and workshops and other related
activities for the study of matters and problems related to the full and
equal enjoyment of all human rights and the dignity of persons with disabilities;
d) Inviting international and regional finance and development institutions
to similarly adopt a disability perspective into their work and to assess
and periodically adjust their policies and programmes;
e) Fostering bilateral, regional and international financial arrangements
to promote the full and equal enjoyment of all human rights and the dignity
of persons with disabilities; including the establishment of bilateral,
regional and international research and development funds.
3. International cooperation with respect to civil society and the private
sector shall include:
a) Promoting the sharing of knowledge and experiences between non governmental
organizations and organizations of persons with disabilities within and
between regions, particularly through meetings, courses, seminars and workshops
and other related activities;
b) Contribute to public awareness raising about the rights of persons with
disabilities and combating stereotypes;
c) Supporting capacity building within civil society to engage more effectively
and constructively with States Parties and with the relevant international
and regional machinery, through, for example, training and technical cooperation.
d) Develop joint projects with the private sector and civil society to contribute
to ensure the early participation of persons with disabilities into productive
life;
e) Adopting measures including incentive measures to harness the positive
potential of private sector as key agents for change;
Non-governmental organizations
INTERNATIONAL DISABILITY CAUCUS
Draft Article 24bis: International Cooperation
States parties recognize that the international cooperation is a fundamental
element contributing to the inclusion of People with disabilities and for
the effective implementation of this treaty. In a spirit of solidarity,
state parties undertake to:
f) Promote and ensure among themselves the exchange of information and the
dissemination of the best practices, experiences, knowledge related to the
effective implementation of this treaty.
g) Encourage the technical cooperation that could contribute to build capacities
of the parties to design and implement policies that allow the full enjoyment
of their human rights by people with disabilities.
h) Ensure that resources are dedicated to eradicate the extreme poverty
that face people with disabilities, their exclusion and the difficulties
they face to access to basic services.
i) Ensure the inclusion of disability issues as described in this convention
in any of their program, tool and policies of cooperation, development and
humanitarian aid. In case of bilateral cooperation, this should engage both
the donors and recipient of the support.
j) Contribute to the availability of specific resources dedicated to disability
and development, especially regarding the empowerment of disabled people
organizations and the enhancement of the disability movement.
LANDMINE SURVIVORS NETWORK
Draft Article 24quint
INTERNATIONAL COOPERATION
SYNTHESIS OF PROPOSALS
The States Parties shall cooperate directly or through competent international
bodies to strengthen their capacity to fulfill the obligations arising from
this Convention. Such cooperation shall promote the transfer of technical,
scientific and legal expertise and technology, as mutually agreed, and the
establishment and strengthening of national disability strategies, plans
and programmes aiming at, inter alia, the:
(a) facilitation of the development of knowledge, skills, capacity and expertise
related to the rights of persons with disabilities;
(b) information exchange on the latest advances in scientific research and
the development of technology relating to, among other things, the provision
of services and rehabilitation of persons with disabilities insofar as such
information supports the fulfillment of the rights in this Convention, and
the elimination of obstacles to their full enjoyment of rights and their
autonomy and independent living;
(c) information exchange among States and other stakeholders of best practices
on national measures and legislation to ensure the full protection of the
rights of persons with disabilities;
(d) facilitation of research into disability issues of common interest;
(e) promotion of courses, seminars and workshops for training and research
on matters relevant to the implementation of this Convention;
COMMENTS
A number of delegations to the Working Group as well as to the third session
of the Ad Hoc Committee expressed their strong support for comprehensive
coverage of the concept of international cooperation as a facilitator of
the implementation of the Convention. During the third session, three countries
submitted their proposals for an article on international cooperation (Mexico,
China, Vietnam) and a number of other countries voiced their support for
these proposals specifically, or for their general content.
In the human rights context, international cooperation is referenced as
an implementation measure in such documents as the ICESCR (Articles 2(3),
22 and 23), and the CRC (Article 4). In other words, principles of international
cooperation are to be regarded in the human rights context not as escape
clauses for implementation, but as helpful facilitators to bring about effective
implementation. The obligation to cooperate is included in virtually all
international environmental agreements (bilateral, regional, global), and
appears as well in the international criminal law, law of the sea, and other
international agreements.
Although the term “international cooperation” is equated by some with financial
assistance, it encompasses many elements. It is typically translated into
more specific commitments through mechanisms designed to ensure, inter alia:
a) information sharing, b) consultation and c) participation in decision-making,
d) cooperative research, e) personal secondment, and, f) training and awareness
raising activities. Inclusion of the concept of international cooperation
lays the foundation for training, awareness raising, exchange of information
and other techniques to facilitate implementation – particularly implementation
in developing countries.
Draft Article 45quint: The text provided draws on proposals submitted by
States at the third session of the Ad Hoc Committee (Mexico, China, and
Vietnam) and attempts to be responsive to input provided by other delegations
on those particular proposals. The draft language incorporates elements
of the UNSR as well as language from a number of existing international
law treaties where principles of international cooperation are included.
Draft Article 24quint chapeau: The chapeau expresses clearly that principles
of international cooperation are intended to facilitate the implementation
of the Convention. It also enumerates the broad categories of cooperative
measures contemplated. (Cf. Vietnam proposal; International Convention to
Combat Desertification, Article 12)
Draft Article 24quint(a): The language in this provision recognizes that
the implementation of the Convention requires capacity building in relation
to all stakeholders, a point made in proposals and oral intervention of
many delegations. (Cf. Mexico, Vietnam; UNSR, Rule 21 (4) and (6))
Draft Article 24quint(b): Sharing of relevant technology that will further
the rights of people with disabilities is a central component of international
cooperation and has been stressed by a number of delegations (e.g. Thailand,
Mexico, China, Vietnam). Such provisions particular to the treaty in question
are now very common in multilateral treaties of all types.
Draft Article 24quint(c): Information exchange is a core component of international
cooperation activities and is essential to support implementation and aid
coordination among States in the disability context. (Cf. Proposals of Vietnam,
China, Mexico; UNSR, Rule 22(3))
Draft Article 24quint(d): Research requires a separate provision as a component
of implementation of the convention. Various proposals put forward by delegations
mention research as a specific target area for international cooperation.
(Cf. Mexico, Vietnam; UNSR, Rule 13)
Draft Article 24quint(e): International cooperation measures in many contexts
routinely incorporate references to seminars and workshops pertaining to
the implementation of the convention. This language is drawn from the proposals
of Vietnam and Mexico.
Draft Article 24quint(f): Training and capacity building among disabled
people and their representative organizations is essential if the human
rights of people with disabilities are to be advanced. (Cf. UNSR, Rule 21(5))
Draft Article 24quint(g): The language provided responds to the suggestions
of a number of delegations that disability must be fully integrated into
the work of the United Nations system. (Cf. UNSR, Rule 22(1))
PEOPLE WITH DISABILITY AUSTRALIA
INTERNATIONAL COOPERATION
The convention ought to include an explicit framework for international
cooperation. In view of the fact that approximately two thirds of the world’s
600 million people with disability live in the developing world, we see
it as essential that the implementation of this convention involve a transfer
of resources, knowledge, technical assistance and policy advice to the developing
world. A clear framework of international cooperation will provide a systematic
or structural basis for this transfer.
However the value of international cooperation is not limited to so-called
north-south transfers. There is enormous scope and need for cooperation
between developed states in the harmonisation of standards providing for
accessibility, in the regulation of non-State actors which impact on the
lives of people with disability, and in the removal of structural barriers
with an international dimension. Examples include intellectual property
and copyright law, telecommunications, insurance, and civil aviation.
In many cases international cooperation will cost little. Examples of low
or no cost forms of international cooperation include information exchange
about technical standards and the provision of policy advice, based on domestic
experience.
It is also important to recognise that there is already substantial resource
transfer occurring between developed and developing states, for example
through bi-lateral aid programs and inter-governmental bodies such as the
World Bank and the World Health Organisation. It is critical that these
programs respect the human rights of people with disability, as enunciated
by this convention. Currently a great deal of development cooperation funding
is directed towards projects that create, rather than eliminate, barriers
for people with disability, such as inaccessible infrastructure, and education
programs that fail to effectively include children with disability, for
example. It is essential that both donors and recipients of development
cooperation mainstream disability issues. This will result in no extra outlay
for developed states but vastly improved outcomes for people with disability
in developing countries.
However, all States must accept an immediate obligation to comply with the
terms of this convention, without making this obligation subject in any
way to the pre-condition of international cooperation.
In general, we support the articles on international cooperation proposed
by the Governments of Mexico, China, and Viet Nam. However, we recommend
that the following measures are also included:
• harmonisation of laws with cross-jurisdictional impact;
• the incorporation of disability perspectives into international efforts
to promote development and eradicate poverty;
• assistance in building the capacity of disabled peoples organisations.
Harmonisation of laws across States will be essential for the effective
regulation of major issues as copywrite, for example. International cooperation
is self-evidently essential to international efforts to promote development
and eradicate poverty. A strong disability movement is critical to implementation
and monitoring of this convention at the national and international levels.