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Article
33 - National implementation and monitoring
Background Documents | Article
33 Background
Seventh Session | Sixth Session
Fourth
Session | Third Session | Working Group
Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
Article 25
Monitoring 1
[National implementation framework 2
[1. States Parties shall designate [a focal point – Japan] (focal points – Japan)
within government for matters relating to the implementation of the present
Convention, and give due consideration to the establishment or designation of
a coordination mechanism to facilitate related action in different sectors and
at different levels (and to be informed of the views of persons with disabilities
– Japan).
2. States Parties shall, in accordance with their legal and administrative system,
maintain, strengthen, designate or establish at the national level a framework3
to promote, protect and monitor implementation of the rights recognized in the
present Convention. – EU] – Israel]
(1. States Parties shall ensure monitoring of implementation of the present
Convention in accordance with their legal and administrative system. They shall
establish or designate an appropriate mechanism to facilitate related action
in different sectors and at different levels of society.
2. Where necessary, States Parties shall collect appropriate information to
enable them to formulate and implement policies to give effect to this Convention.
The process of collecting and maintaining this information should:
(a) comply with legally established safeguards to ensure confidentiality and
respect for the privacy of persons with disabilities, including legislation
on data protection;
(b) comply with internationally accepted norms to protect human rights and fundamental
freedoms;
(c) where appropriate, be undertaken in collaboration with and following consultation
of organizations of persons with disabilities.”
3. States, when developing and implementing policies and legislation to give
effect to this Convention, shall take appropriate measures to ensure adequate
consultation with, and involvement of, persons with disabilities and their representative
organizations.
4. States Parties undertake to make the principles and provision of the Convention
widely known by appropriate and active means.
5. Nothing in the present Convention shall affect any provisions which are more
conducive to the enjoyment of human rights by persons with disabilities.- EU)
(Establishment of Committee
For the purpose of reviewing this implementation by States Parties of this Convention,
there shall be established a Committee on the Rights of Persons with Disabilities
(hereinafter referred to as “the Committee”) which shall carry out the functions
hereinafter provided.
The Committee shall consist, at the time of entry into force of this Convention,
of 12 independent experts serving in their personal capacity, of high moral
standing and impartiality, holding no position which compromises the appearance
of independence and impartiality expected of the Committee, and shall have a
recognized competence in the field covered by the Convention. Thereafter, for
every additional twenty-five ratifications of this Convention, the membership
shall increase by 2 members, until the composition of the Committee attains
a maximum number of 20 members. This Committee, in its overall composition,
shall:
Include members with disabilities, reflecting the entire spectrum of the various
disabilities, who shall form the majority of the committee;
Comprise an equal number of women and men members;
Reflect equitable geographic distribution; and
Reflect representation of the principal legal systems.
Members of the Committee shall be elected by secret ballot by the States Parties
from a list of persons nominated by the States Parties.
Each State Party may nominate one person from among its own nationals, chosen
from a list of individuals proposed by organizations of persons with disabilities
in that State. If no individuals are nominated by organizations of persons with
disabilities in a State Party, the State Party may select a nominee, wherever
possible in consultation with organizations of persons with disabilities or
other appropriate groups.
The initial election shall be held no later than six months after the date of
the entry into force of this Convention and subsequent elections every second
year.
At least four months before the date of each election, the Secretary-General
of the United Nations shall address a letter to all States Parties inviting
them to submit their nominations within two months. The Secretary-General shall
prepare a list in alphabetical order of all persons thus nominated, indicating
the States Parties that have nominated them, and shall submit it to the States
Parties not later than one month before the date of the corresponding election,
together with the curricula vitae of the persons thus nominated.
Elections of members of the Committee shall be held at a meeting of States Parties
convened by the Secretary-General at United Nations Headquarters. At that meeting,
for which two thirds of the States Parties shall constitute a quorum, the persons
elected to the Committee shall be those nominees who obtain the largest number
of votes and an absolute majority of the votes of the States Parties present
and voting.
The members of the Committee shall serve for a term of four years. However,
the terms of five of the members elected in the first election shall expire
at the end of two years; immediately after the first election, the names of
these five members shall be chosen by lot by the Chairman of the meeting of
States Parties.
The members of the Committee shall be eligible for re-election if re-nominated,
but no person may serve more than two full terms on the Committee.
If a member of the Committee dies or resigns or declares that for any other
cause he or she can no longer perform the duties of the Committee, the State
Party that nominated the expert shall appoint another expert from among its
own nationals for the remaining part of the term. The new appointment is subject
to the approval of the Committee.
Administration of the Committee
The Committee shall elect its officers for a period of two years. The Chair
of the Committee shall be a person with a disability.
The Committee shall adopt its own rules of procedure.
The Committee shall meet for such time as is necessary for it to undertake its
work, and this shall involve at least one meeting per year for a period of three
weeks.
The meetings of the Committee shall be held at United Nations Headquarters and
on a rotational basis at the offices of the regional commissions of the United
Nations.
The Secretary-General of the United Nations shall provide the necessary staff
and facilities for the effective performance of the functions of the Committee.
The members of the Committee shall receive emoluments from United Nations resources
on such terms and conditions as the General Assembly may decide.
The members of the Committee shall be entitled to the facilities, privileges
and immunities of experts on mission for the United Nations as laid down in
the relevant sections of the Convention on the Privileges and Immunities of
the United Nations.
Reporting by States Parties
States Parties undertake to submit to the Committee, through the Secretary-General
of the United Nations, a report on the legislative, judicial, administrative
and other measures they have taken to give effect to the provisions of the present
Convention.
States Parties shall submit an initial report within one year of the entry into
force of the Convention for the State Party concerned and thereafter every 5
years or whenever the Committee so requests.
Reports prepared under the present article shall also indicate factors and difficulties,
if any, affecting the implementation of the Convention in the State Party concerned,
and shall be prepared in consultation with non-governmental organizations with
competence in the field, including organizations of persons with disabilities.
The Committee shall adopt any further guidelines relating to the content of
the reports, which it considers appropriate.
A State Party which has submitted a comprehensive initial report to the Committee
need not in its subsequent reports submitted in accordance with this article
repeat basic information previously provided.
States Parties shall make a draft of their reports widely available to the public
in their own country in local languages and accessible formats 6 months prior
to the finalization of the report and its submission to the Secretary-General.
States Parties shall make their reports widely available to the public in their
own countries in local languages and in accessible formats as soon as possible
after the State Party has submitted its report to the Secretary-General.
Consideration of Reports
The Committee shall examine the reports submitted by each State Party and shall
transmit such comments as it may consider appropriate to the State Party concerned.
This State Party may submit to the Committee observations on any comment made
by the Committee in accordance with the present article. The Committee may request
supplementary information from States Parties when considering these reports.
The Committee shall invite representatives of States Parties to participate
in its consideration of the report. Where a State Party is significantly overdue
with the submission of its report, the Committee may consider the situation
in that State Party in the absence of a report.
The Committee may also adopt such general comments as it sees fit, and may also
address recommendations to the United Nations and other bodies as it considers
appropriate.
The Secretary-General of the United Nations may also, after consultation with
the Committee, transmit to the specialized agencies as well as to intergovernmental
organizations, copies of such parts of these reports as may fall within their
competence.
The Committee shall present an annual report to the General Assembly of the
United Nations on the implementation of the present Convention, containing its
own considerations and recommendations, based, in particular, on the examination
of the reports and any observations presented by States Parties. Such reports
shall be made available in accessible formats.
The Secretary-General of the United Nations shall transmit the annual reports
of the Committee to the States Parties to the present Convention, the Economic
and Social Council, the Commission on Human Rights of the United Nations, the
Commission on Social Development of the United Nations and other relevant organizations.
Non States Parties may, on a voluntary basis, provide reports to the Committee
for consideration.
Relationship between the Convention and Other Bodies
In order to foster the effective implementation of the Convention, to encourage
coordination among relevant stakeholders and to encourage international cooperation
in the field covered by the Convention:
The Committee shall request the specialized agencies, organs, special and thematic
rapporteurs, of the United Nations, regional commissions of the United Nations,
as well as intergovernmental organizations and other concerned bodies to submit,
for consideration by the Committee, written information on such matters dealt
with in the present Convention as fall within the scope of their activities.
The Committee shall invite representatives of specialized agencies, organs,
special and thematic rapporteurs of the United Nations, as well as of intergovernmental
organizations to be present and to be heard in its meetings whenever matters
falling within their field of competence are considered.
The Committee shall seek, as relevant, technical assistance from the specialized
agencies, organs, special and thematic rapporteurs of the United Nations and
other relevant bodies to assist it in its consideration of the reports of States
Parties.
The Committee may recommend areas of cooperation among States Parties and other
competent bodies that will facilitate the implementation of this Convention.
To this end, the Committee shall make its recommendations to the Secretary-General
of the United Nations.
The Committee shall invite representatives of non-governmental organizations
with expertise in the field of disability issues or other relevant fields to
submit relevant information to the Committee to assist it in its work and to
be present and to be heard in its meetings.
Relationship between Committee and National Mechanisms
In regard to the national mechanisms, the Committee shall:
Advise and assist States Parties, when necessary, in their establishment and
management.
Maintain direct, if necessary confidential, contact with the national mechanisms
and offer them training and technical assistance with a view to strengthening
their capacities;
Advise and assist them in the evaluation of the needs and the implementation
of the means necessary to strengthen the protection of the human rights of persons
with disabilities;
Make recommendations and observations to the States Parties with a view to strengthening
the capacity and the mandate of the national legislation and mechanisms of implementation
of the promotion and protection of the human rights of persons with disabilities;
Cooperate, for the promotion and protection of the rights of persons with disabilities
in general, with the relevant United Nations organs and mechanisms as well as
with the international, regional and national institutions or organizations
working toward the strengthening of the rights of persons with disabilities
and their full participation in the society, in general, and in the decision
making process about their life, in particular.
National Human Rights Institution
Each State Party shall maintain, designate or establish within one year after
the entry into force of this Convention of its ratification or accession, an
independent national human rights institution for the promotion and protection
of the rights of person with disabilities at the domestic level.
Where an independent national human rights institution already exists in the State Party, its mandate shall be extended to comply with this convention and the provisions of this article shall apply with the necessary changes.
The States Parties shall guarantee the functional and financial independence
of the national human rights institution as well as the independence of their
personnel including by way of earmarked funding from the state budget.
The States Parties shall ensure that the composition of the national human rights
institution includes majority representation of persons with disabilities, reflecting
the entire spectrum of disabilities. They shall strive for a gender balance
and the adequate representation of national, ethnic and minority groups.
States parties shall establish an advisory committee of the national human rights
institution, which will include a majority of people with disabilities, reflecting
the entire spectrum of disabilities. The Advisory Committee shall also include
professionals, legal experts and public representatives. The Chairperson of
the Advisory Committee shall be a person with disability.
The States Parties undertake to make available the necessary resources for the
independent functioning of the national human rights institution.
The establishment, composition and operation of the national human rights institution
shall be in compliance with the Principles relating to the State and Functioning
of National Institutions for Protection and Promotion of Human Rights (the “Paris
Principles”).
The competent authorities of the State Party concerned shall examine the recommendations
of the national human rights institution and participate in dialogue with the
body on measures taken to implement the provisions of this convention.
The national human rights institution shall be granted, at a minimum, the powers
and functions to:
Make recommendations to the relevant authorities with the aim of improving the
promotion and protection of the rights of persons with disabilities based on
the obligations contained in this Convention and other relevant international
norms.
Submit proposals and observations concerning existing or draft legislation.
Establish contact with the Committee, to submit information to the Committee
and to meet with the Committee.
Conduct public awareness raising and other advocacy activities for the promotion
of the rights and obligations included in the Convention.
Promote cooperation on issues related to the implementation of the Convention
between all relevant bodies and stakeholders on the national and international
level, including government ministries, state-funded bodies, local authorities,
the private and voluntary sectors, the relevant non-governmental organizations,
non-governmental organizations of people with disabilities, specialized agencies,
and UN bodies.
Publish, with the relevant authorities, guidelines concerning all matters which
are the subject of the Convention.
Identify the special needs of persons with disabilities and the selection of
the most effective and appropriate ways to respond to these needs, including
the initiation, commissioning and encouragement of research.
Promote the establishment of national quantitative data base and information
centers about the rights and the relevant services in relation to persons with
disabilities.
Advise about and protect persons with disabilities' rights.
Submit an annual national report on the implementation of the rights of persons
with disabilities in the State Party concerned.
Investigate complaints by persons with disabilities and initiate investigations
as to infringements of the rights of persons with disabilities.
Conduct mediation, arbitration and other action designed to settled disputes
regarding the rights of persons with disabilities.
File legal actions in the courts and national tribunals in the Commission’s
name and in the name of persons with disabilities with a view to protecting
and implementing the rights of persons with disabilities.
Issue directions and orders with a view to protecting and implementing the rights
of persons with disabilities. – Israel)
Footnotes:
1. The Working Group did not have time to consider the issue of international monitoring of the draft Convention. Some members of the Working Group indicated, however, that international monitoring was an issue of considerable importance to them. Other members, however, had reservations in this respect.
2. The Working Group did not discuss in detail
the wording of the draft provisions. It noted that the Ad Hoc Committee might
wish to discuss the issue further and take into account the ongoing review of
the work of the existing United Nations human rights treaty monitoring bodies.
3. The Working Group did not reach agreement
on a number of issues relating to the role of national human rights institutions
in the process of promoting, protecting and monitoring the implementation of
the Convention, but some members considered that they might perform, inter alia,
the following functions: promoting awareness of the provisions of the Convention
to persons with disabilities and to the general population; monitoring national
legislation, policies and programmes to ensure consistency with the Convention;
undertaking or facilitating research on the impact of the Convention or of national
legislation; developing a system for assessing that impact on persons with disabilities;
and hearing complaints about failure to observe the Convention.