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Article
34 - International monitoring
Background Documents | Article 34 Background
Eighth Session | Seventh Session | Sixth Session
Fourth Session | Third Session | Working Group
Sixth Session
Governments
Canada
National Human Rights Institutions
National Human Rights Institutions
Non-governmental organizations
Arab Organization for Disabled People
Center for International Rehabilitation
International Disability Caucus
Joint Council for the Physically and Mentally Disabled - Hong Kong
Comments, proposals and amendments submitted electronically
Governments
CANADA
Article 25 – Canadian statement
1. Canada supports the elaboration of an effective and enforceable convention
to ensure the full and equal enjoyment of all human rights and fundamental
freedoms by all persons with disabilities. The true measure of success of
a new convention will be real improvements in the quality of life of all
persons with disabilities.
2. In Canada’s view, in order to promote progress towards this goal, it
is essential that a convention provide for effective monitoring of implementation
of obligations by States Parties. The question before this Committee is
therefore how to develop an effective monitoring mechanism.
3. In Canada’s view, effective implemention of the convention will require
both domestic and international efforts.
4. In Canada, the federal government has developed a reporting framework
to enable it to report on its progress in developing and implementing policies,
programs and services for persons with disabilities. This framework reflects
Canada’s continued commitment to the full participation of persons with
disabilities in our society. The reporting framework includes specific indicators
that measure progress in achieving positive outcomes for persons with disabilities.
Non governmental organizations participated in the development of this framework
and continue to assist the government to refine it.
5. Canada therefore expresses interest in draft article 25 of the working
group text, as well as the EU proposals made in the past, as a basis for
work. A domestic monitoring requirement might be an innovative way to promote
effective implementation of the convention. Any domestic monitoring requirement
must be flexible enough to accommodate the great variety of existing domestic
arrangements, including in a federal State such as Canada.
6. Canada also believes that an effective monitoring mechanism should include
a requirement that States Parties report at the international level on the
implementation of their human rights obligations as they relate to persons
with disabilities. In this regard, Canada reaffirms the need to mainstream
disability-related reporting within existing mechanisms. Canada has fully
supported the resolutions at the Commission on Human Rights inviting treaty
bodies to monitor the compliance of States with respect to the full enjoyment
of all human rights by persons with disabilities. As Norway has noted, there
are also other ongoing reporting and monitoring efforts at the UN on persons
with disabilities.
7. A question remains with respect to the best way to provide for international
monitoring of the implementation of the specific provisions of this new
instrument. In this regard, the Committee should take into account the ongoing
efforts to reform the work of the UN human rights treaty bodies. Canada
fully supports the UN human rights treaty bodies and their important work
in promoting implementation of the human rights obligations of States. However,
as noted by the Office of the UNHCHR in the very useful briefing provided
yesterday, there are recognized challenges facing the current system.
8. The Secretary-General’s report on Strengthening the United Nations acknowledged
the large number of reports to various treaty bodies required under UN human
rights instruments. The Secretary-General’s report also recognized that
a large number of these reports have over-lapping content. These reporting
obligations impose considerable burdens on the under-resourced treaty body
system and on States, in particular developing countries, which have led
to both a back-log in the consideration of reports by the treaty bodies,
and the failure of some States to submit their reports on a timely basis,
which undermines the effectiveness of the international human rights monitoring
system. The Secretary-General recommended that the treaty bodies standardize
their reporting requirements and coordinate their activities, and that States
be allowed to produce a single report setting out the implementation of
their human rights obligations.
9. In his report, “In Larger Freedom”, the Secretary-General reiterated
these proposals: “... the human rights treaty bodies, too, need to be much
more effective and more responsive to violations of the rights that they
are mandated to uphold. The treaty body system remains little known; is
compromised by the failure of many States to report on time if at all, as
well as the duplication of reporting requirements; and is weakened further
by poor implementation of recommendations. Harmonized guidelines on reporting
to all treaty bodies should be finalized and implemented so that these bodies
can function as a unified system.”
10. In her Plan of Action submitted in response to the Secretary-General’s
report “In Larger Freedom”, the UN High Commissioner for Human Rights stressed
the need to address the concerns with the work of the treaty bodies, including
by finalizing harmonized reporting guidelines. The High Commissioner went
further however and proposed to consolidate the work of the seven treaty
bodies and to create a unified standing treaty body. The High Commissioner
stated her intention to submit options for treaty body reform for consideration
at an intergovernmental meeting to be held in 2006.
11. Canada expresses its interest in the proposal by the High Commissioner
to consolidate the existing treaty bodies into a unified body in order to
enhance the effectiveness of the international monitoring system for the
implementation of human rights obligations. In Canada’s view therefore,
any discussion of a monitoring mechanism for this convention should take
into consideration both the Secretary-General’s and High Commissioner’s
proposals, and take place in the context of the larger discussion on UN
reform and enhancing the UN human rights machinery. In this regard, Canada
expresses its appreciation for the briefing from the office of the UNHCHR,
and looks forward to the High Commissioner’s proposal to be presented in
the new year, as well as the report which is to be submitted to the Ad Hoc
Committee at its next session, as requested by the Commission on Human Rights.
12. Canada is also mindful of the need to involve persons with disabilities
in developing proposals for a monitoring mechanism and the need to ensure
the participation of persons with disabilities in the work of any monitoring
mechanism. In achieving this objective, we look forward to hearing the views
of organizations of persons with disabilities on this issue, and we will
study with interest the various ideas that have been put forward.
13. The current efforts to reform the UN human rights treaty bodies present
an opportunity for this committee to create an innovative and more effective
monitoring mechanism in this convention, taking into account lessons learned
from past experience and improving on current mechanisms, in order to more
effectively promote and protect the full and equal enjoyment of all human
rights by all persons with disabilities without discrimination of any kind.
Working Group Text: Article 25
National implementation framework
Canadian statement:
1. Canada supports the elaboration of an effective and enforceable convention
to ensure the full and equal enjoyment of all human rights and fundamental
freedoms by all persons with disabilities. The true measure of success of
a new convention will be real improvements in the quality of life of all
persons with disabilities.
2. In Canada’s view, in order to promote progress towards this goal, it
is essential that a convention provide for effective monitoring of implementation
of obligations by States Parties. The question before this Committee is
therefore how to develop an effective monitoring mechanism.
3. In Canada’s view, effective implemention of the convention will require
both domestic and international efforts.
4. In Canada, the federal government has developed a reporting framework
to enable it to report on its progress in developing and implementing policies,
programs and services for persons with disabilities. This framework reflects
Canada’s continued commitment to the full participation of persons with
disabilities in our society. The reporting framework includes specific indicators
that measure progress in achieving positive outcomes for persons with disabilities.
Non governmental organizations participated in the development of this framework
and continue to assist the government to refine it.
5. Canada therefore expresses interest in draft article 25 of the working
group text, as well as the EU proposals made in the past, as a basis for
work. A domestic monitoring requirement might be an innovative way to promote
effective implementation of the convention. Any domestic monitoring requirement
must be flexible enough to accommodate the great variety of existing domestic
arrangements, including in a federal State such as Canada.
6. Canada also believes that an effective monitoring mechanism should include
a requirement that States Parties report at the international level on the
implementation of their human rights obligations as they relate to persons
with disabilities. In this regard, Canada reaffirms the need to mainstream
disability-related reporting within existing mechanisms. Canada has fully
supported the resolutions at the Commission on Human Rights inviting treaty
bodies to monitor the compliance of States with respect to the full enjoyment
of all human rights by persons with disabilities. As Norway has noted, there
are also other ongoing reporting and monitoring efforts at the UN on persons
with disabilities.
7. A question remains with respect to the best way to provide for international
monitoring of the implementation of the specific provisions of this new
instrument. In this regard, the Committee should take into account the ongoing
efforts to reform the work of the UN human rights treaty bodies. Canada
fully supports the UN human rights treaty bodies and their important work
in promoting implementation of the human rights obligations of States. However,
as noted by the Office of the UNHCHR in the very useful briefing provided
yesterday, there are recognized challenges facing the current system.
8. The Secretary-General’s report on Strengthening the United Nations acknowledged
the large number of reports to various treaty bodies required under UN human
rights instruments. The Secretary-General’s report also recognized that
a large number of these reports have over-lapping content. These reporting
obligations impose considerable burdens on the under-resourced treaty body
system and on States, in particular developing countries, which have led
to both a back-log in the consideration of reports by the treaty bodies,
and the failure of some States to submit their reports on a timely basis,
which undermines the effectiveness of the international human rights monitoring
system. The Secretary-General recommended that the treaty bodies standardize
their reporting requirements and coordinate their activities, and that States
be allowed to produce a single report setting out the implementation of
their human rights obligations.
9. In his report, “In Larger Freedom”, the Secretary-General reiterated
these proposals:“... the human rights treaty bodies, too, need to be much
more effective and more responsive to violations of the rights that they
are mandated to uphold. The treaty body system remains little known; is
compromised by the failure of many States to report on time if at all, as
well as the duplication of reporting requirements; and is weakened further
by poor implementation of recommendations. Harmonized guidelines on reporting
to all treaty bodies should be finalized and implemented so that these bodies
can function as a unified system.”
10. In her Plan of Action submitted in response to the Secretary-General’s
report “In Larger Freedom”, the UN High Commissioner for Human Rights stressed
the need to address the concerns with the work of the treaty bodies, including
by finalizing harmonized reporting guidelines. The High Commissioner went
further however and proposed to consolidate the work of the seven treaty
bodies and to create a unified standing treaty body. The High Commissioner
stated her intention to submit options for treaty body reform for consideration
at an intergovernmental meeting to be held in 2006.
11. Canada expresses its interest in the proposal by the High Commissioner
to consolidate the existing treaty bodies into a unified body in order to
enhance the effectiveness of the international monitoring system for the
implementation of human rights obligations. In Canada’s view therefore,
any discussion of a monitoring mechanism for this convention should take
into consideration both the Secretary-General’s and High Commissioner’s
proposals, and take place in the context of the larger discussion on UN
reform and enhancing the UN human rights machinery. In this regard, Canada
expresses its appreciation for the briefing from the office of the UNHCHR,
and looks forward to the High Commissioner’s proposal to be presented in
the new year, as well as the report which is to be submitted to the Ad Hoc
Committee at its next session, as requested by the Commission on Human Rights.
12. Canada is also mindful of the need to involve persons with disabilities
in developing proposals for a monitoring mechanism and the need to ensure
the participation of persons with disabilities in the work of any monitoring
mechanism. In achieving this objective, we look forward to hearing the views
of organizations of persons with disabilities on this issue, and we will
study with interest the various ideas that have been put forward.
13. The current efforts to reform the UN human rights treaty bodies present
an opportunity for this committee to create an innovative and more effective
monitoring mechanism in this convention, taking into account lessons learned
from past experience and improving on current mechanisms, in order to more
effectively promote and protect the full and equal enjoyment of all human
rights by all persons with disabilities without discrimination of any kind.
ISRAEL
ISRAEL’S PROPOSAL - ARTICLE 25:
INTERNATIONAL AND NATIONAL MONITORING
25. Establishment of Committee
1. 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.
2. 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:
a. Include members with disabilities, reflecting the entire spectrum of
the various disabilities, who shall form the majority of the committee;
b. Comprise an equal number of women and men members;
c. Reflect equitable geographic distribution; and
d. Reflect representation of the principal legal systems.
3. Members of the Committee shall be elected by secret ballot by the States
Parties from a list of persons nominated by the States Parties.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
26. Administration of the Committee
1. The Committee shall elect its officers for a period of two years. The
Chair of the Committee shall be a person with a disability.
2. The Committee shall adopt its own rules of procedure.
3. 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.
4. 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.
5. The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the
Committee.
6. The members of the Committee shall receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may decide.
7. 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.
27. Reporting by States Parties
1. 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.
2. 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.
3. 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.
4. The Committee shall adopt any further guidelines relating to the content
of the reports, which it considers appropriate.
5. 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.
6. 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.
7. 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.
28. Consideration of Reports
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Non States Parties may, on a voluntary basis, provide reports to the
Committee for consideration.
29. 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
30. Relationship between Committee and National Mechanisms
In regard to the national mechanisms, the Committee shall:
1. Advise and assist States Parties, when necessary, in their establishment;
2. Maintain direct, if necessary confidential, contact with the national
mechanisms and offer them training and technical assistance with a view
to strengthening their capacities;
3. Advise and assist them in the evaluation of the needs and the means necessary
to strengthen the protection of persons with disabilities;
4. Make recommendations and observations to the States Parties with a view
to strengthening the capacity and the mandate of the national mechanisms
for the promotion and protection of the rights of persons with disabilities;
5. 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.
31. National Human Rights Institution
1. 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.
2. 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.
3. 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.
4. 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 disabilities.
5. The States Parties undertake to make available the necessary resources
for the independent functioning of the national human rights institution.
6. 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 ?aris Principles ).
7. 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.
8. The national human rights institution shall be granted, at a minimum,
the powers and functions to:
a. 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.
b. Submit proposals and observations concerning existing or draft legislation.
c. Establish contact with the Committee, to submit information to the Committee
and to meet with the Committee.
d. Conduct public awareness raising and other advocacy activities for the
promotion of the rights and obligations included in the Convention.
e. 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.
f. Publish guidelines concerning all matters which are the subject of the
Convention.
g. 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.
h. Promote the establishment of data bases in relation to persons with disabilities.
i. Advise persons with disabilities of their rights.
j. Submit an annual national report on the implementation of the rights
of persons with disabilities in the State Party concerned.
k. Investigate complaints by persons with disabilities and initiate investigations
as to infringements of the rights of persons with disabilities.
l. Conduct mediation, arbitration and other action designed to settled disputes
regarding the rights of persons with disabilities.
m. 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.
n. Issue directions and orders with a view to protecting and implementing
the rights of persons with disabilities.
KENYA
DRAFT ARTICLE 25
MONITORING
1. States Parties shall designate a focal point at the national level to
coordinate the promotion, protection and monitoring of the implementation
of the rights recognised in the present Convention.
2. There shall be established a Committee on the rights and dignity of persons
with disabilities (hereinafter referred to as the Committee). It shall consist
of 18 members of high moral standing and recognised competence in the field
of human rights and disability. The members shall be elected by states parties
from among their nationals and shall serve in their personal capacities,
consideration being given to equitable geographical distribution, the principle
of gender parity as well as the principal legal systems.
3. The members of the Committee shall be elected by secret ballot from a
list of persons nominated by states parties. Each state party may nominate
one person from among its nationals.
4. The initial election of the Committee and its officials shall be held
no later than six months after the date of the entry into force of the present
Convention and thereafter every two years.
5. At least four months before the date of each election, the Secretary
General of the United Nations shall address a letter to States Parties inviting
them to submit their nominations within two months. The Secretary General
shall then prepare a list in alphabetical order of all persons thus nominated,
indicating States Parties which have nominated them; the list shall be submitted
to the states parties to this Convention.
6. Elections of the members of the committee shall be held at a meeting
of State parties to the present Convention convened by the Secretary General
at the Headquarters of the United Nations. Members of the Committee shall
be those nominees who obtain the largest number of votes of representatives
of States parties present and voting.
7. The Committee may not include more than one national of the same State.
8. The Members of the Committee shall be elected for a term of four years.
They shall be eligible for re-election if re-nominated. However the term
of nine of the members elected at the first election shall expire at the
end of two years. The names of these nine members shall be chosen by lot
by the chairman of the meeting of the election of the first Committee members.
9. At the expiry of office, elections shall be held in accordance with the
preceding paragraphs of this article.
10. If in the unanimous opinion of the other members, a member of the Committee
has ceased to carry out his/her functions for any cause other than absence
of a temporary character, the chairman of the Committee shall notify the
Secretary General of the United Nations, who shall then declare the seat
of that member to be vacant.
11. In the event of death of or the resignation of a member of the Committee,
the Chairman shall immediately notify the Secretary General of the United
Nations, who shall declare the seat vacant from the date of death or the
date on which the resignation takes effect.
12. When a vacancy is declared and if the term of office of the member to
be replaced does not expire within six months of the declaration of the
vacancy, the Secretary General of the United Nations shall notify each of
the State parties to the present Convention, which may within two months
submit nominations for the purpose of filling the vacancy. The election
of the new member shall be in accordance with the procedures set out in
this article.
13. A member of the Committee elected to fill a vacancy declared in accordance
with paragraph 12 shall hold office for the remainder of the term of the
member who vacated the seat on the committee under the provisions of that
paragraph.
14. The members of the Committee shall, with the approval of the General
Assembly of the United Nations, receive emoluments from United Nations resources
on such terms and conditions as the general Assembly may decide, having
regard to the importance of the committee’s responsibilities.
15. The Secretary General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the
Committee.
16. The Secretary General of the United Nations shall convene the first
meeting of the Committee at the Head quarters of the United Nations.
17. After its initial meeting the Committee shall meet at such times as
shall be provided in its rules of procedure.
18. The Committee shall normally meet at the Headquarters of the United
Nations or at the United Nations’ office at Geneva.
19. Every member of the Committee shall before taking up his/her duties
make a solemn declaration in open Committee that he or she will perform
his or her functions impartially and conscientiously.
20. The Committee shall establish its own rules of procedure. The decisions
of Committee shall be made by a majority vote of the members present.
21. States parties to the present Convention undertake to submit reports
to the Committee on the measures they have adopted which give full effect
to the enjoyment of human rights by persons with disabilities and the progress
they have made in the implementation of the provisions of this convention:
a) Within two years of entry into force of the present Convention of the
parties concerned;
b) Thereafter every five years.
22. All reports shall be submitted to the secretary- general of the United
Nations, who shall transmit them to the Committee for consideration. The
reports shall indicate the factors and difficulties, if any, affecting the
implementation of the present Convention. The report shall also contain
sufficient information to provide the committee with a comprehensive understanding
of the implementation of the Convention in the country concerned.
23. The Committee shall study the reports submitted by the States parties
to the present Convention. The Committee may request from states parties
further information, which is relevant to the implementation of the convention.
24. The committee may make suggestions and general recommendations based
on information received by States parties. It shall transmit its recommendations
and such general Comments as it may consider appropriate together with comments,
if any, from States Parties to the General Assembly and the concerned States
parties.
25. The committee may also transmit to the Economic and Social Council and
other relevant United Nations bodies and agencies these comments along with
the copies of the reports it has received from the States parties.
26. States parties shall make their reports and the reports and recommendations
of the Committee widely available to the public in their own countries.
27 The Committee shall besides the report from the states parties, also
consider information and reports by organizations of persons with disabilities
or by individual persons with disabilities or by persons representing persons
with disabilities who are not able to represent themselves.
28 Where a communication is submitted on behalf of individuals or groups
of individuals, who cannot independently exercise their rights, this shall
be with their consent and the group or individual shall certify that someone
else is acting on their behalf.
29 The Committee shall receive individual and group complaints and adopt
appropriate inquiry procedures.
National Human Rights Institutions
NATIONAL HUMAN RIGHTS INSTITUTIONS
National Implementation Process.
Article 25bis. Establish a National Baseline Report.
Article 26. Develop and Implement a National Action Plan.
National Monitoring.
Article 27. Establishment and Functions of a Domestic Monitoring Body.
International Monitoring Committee.
Article 28: Establishment and Composition of the Committee.
Article 29: Administration of the Work of the Committee.
Facilitative Functions of the International Monitoring Committee.
Article 30: Clarifying State Obligations through General Comments.
Article 31. Providing Guidelines for Baseline Reports and National Action
Plans.
Article 32: Consideration of National Action Plans by the Committee.
Article 33: Tackling Common Challenges through Thematic Studies.
Collaborative Operation of the Committee
Article 34: Consultation with representative organizations of persons with
disabilities Article 35. Facilitative relationship with National Monitoring
Body.
Article 36. Collaborative relationship with other International Bodies.
Article 37. Regional Focus.
Global Disability Rights Advocate.
Article 38. Establishment.
Article 39. Proactive Functions to promote the convention and enhance the
capacities of key actors.
International Complaints Procedures.
Individual Communications Procedure.
Article 40. Optional Acceptance of an Individual Right to Petition.
Article 41. Requests for interim measures .
Article 42. Transmission of communication to State Party.
Article 43. Consideration of communications, adoption of views and follow
up.
Article 44. Exhaustion of domestic remedies and admissibility conditions.
Collective Complaints Procedure..
Article 45: Optional Capacity to Entertain Collective Complaints.
Inquiry Procedure
Article 46: Establishment of Inquiry Procedure.
Article 47: Follow-up to report of inquiry
Article 48: Provision for State Party to opt out of inquiry procedure.
Article 49: Protection against retaliation in respect of any Communications
with the
Committee
Reporting by Committee.
Article 50. Annual Reporting by Committee.
Review of implementation and monitoring procedures
Article 51 Review conference within five years of entry into force of the
Convention
NATIONAL IMPLEMENTATION PROCESS.
Article 25 bis
Establish a Baseline Report.
1. States Parties undertake to submit to the Committee established under
this Convention, through the Secretary-General of the United Nations, a
Baseline Report on the legislative, judicial, administrative and other measures
in effect at the time of their ratification of this Convention which are
relevant to the rights set forth therein. Such Baseline Reports shall serve
as a benchmark against which subsequent progress towards the achievement
of the goals of this Convention can be measured.
2. States Parties shall submit the Baseline Report within eighteen months
of the entry into force of the Convention for the State Party concerned.
3. Reports prepared under the present article shall indicate factors and
difficulties, if any, affecting the implementation of the Convention in
the State Party concerned. They shall also point to areas where significant
advances have been made and contain examples of good practice which may
be of assistance to other States Parties.
4. States Parties shall consult with national monitoring bodies, organizations
of persons with disabilities and other appropriate bodies in the preparation
of their Baseline Reports and shall make their Baseline Reports widely available
to the public in their own countries in local languages and in accessible
formats as soon as possible after submission to the Secretary-General.
Article 26
Develop and Implement a National Action Plan.
1. States Parties shall develop publish and make available a National Action
Plan which specifies the measures to be taken to achieve the full, effective
and equal enjoyment of the human rights of persons with disabilities as
set forth in this Convention. States Parties shall consult with national
monitoring bodies, organizations of persons with disabilities and other
appropriate bodies in the preparation of their National Action and shall
be periodically updated at no less than five yearly intervals.
2. National Action Plans shall reflect the analysis contained in the Baseline
Report, particularly with respect to gaps in existing laws, policies and
programmes and shall set rational priorities accordingly, to be achieved
within reasonable and clear timeframes and shall provide practical indicators
against which success may be measured and monitored.
NATIONAL MONITORING.
Article 27
Establishment of a National Monitoring Body.
1. Each State Party shall maintain, designate or establish within one year
after the entry into force of this Convention for that State, an independent
national body responsible for the monitoring of the implementation of this
Convention, and for promotion and protection of the rights of persons 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.
2. The national monitoring body shall be granted, at a minimum, the powers
to:
a. monitor compliance with this convention at the national level in particular
by monitoring progress made under the National Action Plan,
b. submit proposals and observations concerning existing or draft legislation,
c. entertain or support complaints at national level as it considers appropriate,
d. 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,
e. conduct public awareness raising and other advocacy activities for the
promotion of the Convention,
f. liaise with persons with disabilities and their representative organizations,
the International Committee, the Global Disability Rights Advocate, the
United Nations and its specialized agencies and other bodies, regional and
inter-governmental organizations on issues related to the implementation
of the Convention.
3. The States Parties shall guarantee the functional independence of the
national monitoring body as well as the independence of its personnel.
4. The States Parties undertake to make available the necessary resources
for the functioning of the national monitoring body.
5. The establishment, composition and operation of the national monitoring
body shall be in compliance with the Principles relating to the Status and
Functioning of National Institutions for Protection and Promotion of Human
Rights (the “Paris Principles”).
INTERNATIONAL MONITORING COMMITTEE
Article 28
Establishment and Composition of Committee.
1. For the purpose of facilitating and reviewing the 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.
2. The Committee shall consist, at the time of entry into force of this
Convention, of 10 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.
Each member shall have a recognized competence in human rights and disability.
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, in so far as possible:
(a) include a majority of members with disabilities who reflect equitable
diverse cross-disability representation;
(b) comprise an equal number of women and men members;
(c) reflect equitable geographic distribution; and
(d) reflect representation of the principal legal systems.
3. Members of the Committee shall be elected by secret ballot by the States
Parties as follows:
(a) Five members of the Committee shall be elected from a list of persons
nominated by States Parties; and
(b) the other five members shall be elected from a list of no fewer than
ten persons nominated by the UN High Commissioner for Human Rights after
due consultation with representative organizations of persons with disabilities.
4. Each State Party may nominate one person after due consultation with
their representative organizations of persons with disabilities.
5. The United Nations Special Rapporteur on the Standard Rules for the Equalization
of Opportunities for Persons with Disabilities shall be an ex officio member
of the Committee.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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, in accordance
with the terms set forth in this Article. The new appointment is subject
to the approval of the Committee.
Article 29
Administration of the Work of the Committee.
1. The Committee shall adopt its own rules of procedure. In establishing
its rules of procedure, the Committee shall be guided by and take into its
consideration the rules of procedure adopted by other human rights treaty
bodies.
2. The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the
Committee.
3. The members of the Committee shall receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may decide.
4. 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.
5. The Committee shall elect its officers for a term of two years.
6. The Committee shall meet for such time as is necessary for it to undertake
its work.
7. 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 and other locations as appropriate.
THE FACILITATIVE ROLES OF THE INTERNATIONAL MONITORING COMMITTEE.
Article 30
Clarifying State Party Obligations through General Comments.
1. In order to elucidate the obligations of States Parties and assist them
in advancing the goals of this Convention the Committee may adopt such general
comments as it sees fit, as well as specific comments relating to the implementation
of the Convention in individual States parties.
Article 31
Providing Guidelines for Baseline Reports and National Action Plans.
1. In order to facilitate States Parties in the preparation of their Baseline
Report the Committee shall adopt and periodically update guidelines relating
to the form and content of such Reports which it considers appropriate.
3. In order to assist the States Parties in the preparation of National
Action Plans the Committee shall prepare detailed Guidelines with respect
to the form and content of such Plans which it considers appropriate.
4. It shall provide technical assistance to those States Parties that request
such assistance to assist them formulating their National Action Plans.
Article 32
Consideration of Progress Made under National Action Plans by the Committee.
1. The Committee shall, according to a schedule which it will determine,
assess progress made with respect to the achievement of National Action
Plans. In doing so, it may chose to focus on certain issues, rights or themes
or States Parties which it considers a priority.
2. The Committee shall focus in particular on the level of progress made
under National Action Plans bearing in mind the Baseline Report established
by the States Parties in their Baseline Reports. It will take due account
of the analysis of national monitoring bodies.
3. As a result of its review of progress made under such National Action
Plans, the Committee may make recommendations of a general or specific nature
to States Parties or to Specialized Agencies and other bodies of the United
Nations or to other regional organizations with respect to further measures
that should be taken to advance the achievement of the goals of the Convention.
Article 33
Identifying Solutions to Common Challenges Through Thematic Studies.
1. The Committee may, either on request from the States Parties acting regionally
or individually, from the Global Disability Rights Advocate, or from national
monitoring bodies, or on its own initiative, prepare or commission thematic
studies which shall address common and urgent challenges and which will
assist States Parties in finding acceptable and practicable solutions that
advance the implementation of this Convention.
2. Such Thematic Studies shall contain practical recommendations aimed at
advancing the goals of the Convention. The Recommendations may be addressed
to the States Parties, the Specialized Agencies and other bodies of the
United Nations, and such regional inter-governmental or other bodies as
could play a constructive role in this context. The Committee may recommend
areas of cooperation among States Parties and other competent bodies that
will facilitate the implementation of this Convention.
COLLABORATIVE OPERATION OF THE COMMITTEE
Article 34
Consultations with Disability Non-governmental Organizations
In order to ensure that the convention effectively serves its intended beneficiaries
the Committee shall:
1. invite representatives of or representative organizations of persons
with disabilities as well as other human rights 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.
2. engage in an ongoing dialogue with representative organizations of persons
with disabilities to inform its appreciation of the relevance and extent
of particular issues or problems and to take appropriate action.
Article 35
Facilitative relationship with National Monitoring Mechanisms.
In order to ensure that national monitoring mechanisms are fully apprised
of relevant developments concerning the convention and its interpretation
and in order to ensure that its deliberations are as fully informed as possible
about local circumstances the Committee shall:
a. initiate and sustain an ongoing dialogue with national monitoring bodies
both at the regional level as well as individually and collectively,
b. invite national monitoring mechanisms to propose subjects for potential
thematic studies.
Article 36
Collaborative Relationship with other International Bodies.
In order to effectively harness the contribution of all relevant international
bodies toward the achievement of the goals of this convention the Committee
shall:
1. request the relevant organs of the United Nations (including regional
commissions), the specialized agencies, and other human rights monitoring
bodies (including special rapporteurs, thematic rapportuers and other special
procedures 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.
2. invite relevant organs of the United Nations (including regional commissions),
the specialized agencies, and other human rights monitoring bodies (including
special rapporteurs, thematic rapportuers and other special procedures of
the United Nations), to be present and to be heard in its meetings whenever
matters falling within their field of competence are considered.
3. seek, as relevant, technical assistance, relevant organs of the United
Nations (including regional commissions), the specialized agencies, and
other human rights monitoring bodies (including special rapporteurs, thematic
rapportuers and other special procedures of the United Nations),, the Global
Disability Rights Advocate and other relevant bodies to assist it in its
consideration of the reports of States Parties.
Article 37
Regional Focus of the Work of the Committee
In order to ensure that the Committee has the capacity to better appreciate
circumstances within regions that help explain the nature of the problems
experienced and especially the kinds of solutions that would produce tangible
results and without prejudice to the obligation of each State Party to comply
with its obligations under this convention, the Committee shall:.
1. meet regionally on a rotational basis to assess progress achieved under
National Action Plans for the States Parties concerned,
2. initiate and inform a regional dialogue about further measures that may
be necessary at regional level to ensure further progress towards the achievement
of the aims of this convention.
GLOBAL DISABILITY RIGHTS ADVOCATE.
Article 38
Establishment.
In order to ensure that an international focal point exists to take proactive
measures to
Enhance effectiveness of this convention especially with respect to capacity-building
at the national level, the Secretary General of the United Nations shall,
1. appoint a full-time Global Disability Rights Advocate whose primary function
will be to complement the work of the Committee by taking concrete steps
to promote the achievement of the aims of the convention.
2. The Secretary General shall appoint the Global Disability Rights Advocate
from a panel nominated by the Office of the United Nations High Commissioner
for Human Rights after due consultation with States Parties as well as with
representative organizations of persons with disabilities.
3. The Global Disability Rights advocate shall be appointed for a period
of 3 years, and may be reappointed for no more than one additional term.
Article 39
Functions of the Global Disability Rights Advocate.
4. The functions of the Global Disability Rights Advocate are to:
a. promote the Convention and raise awareness about its aims through the
organization of international, regional and national conferences, seminars
and publications and similar activities,
b. highlight and facilitate the exchange of best practice among the States
Parties,
c. recommend areas that require thematic study by the Committee,
d. assist in raising the capacity of representative organizations of persons
with disabilities to advocate for their rights under this Convention at
the domestic and international level,
e. assist in raising the capacity of national monitoring bodies to address
the issue of human rights and disabilities at the national level,
f. assist in raising the capacity of national agencies responsible for the
implementation of this Convention;
g. assist individuals or groups of persons with disabilities in suitable
cases in submitting a complaint to the Committee,
h. participate in all United Nations activities relating to disability.
5. The Global Disability Rights Advocate shall present and annual report
on his or her work to the General Assembly of the United Nations.
COMPLAINTS PROCEDURES.
Individual Communications Procedures
Article 40
Acceptance of competence of the Committee to receive individual communications.
1. A State Party to the Convention may at any time declare under the present
article that it recognizes the competence of the Committee to receive and
consider communications from or on behalf of individuals subject to its
jurisdiction who claim that their individual rights as established by the
present Convention have been violated by that State Party.
2. Communications may be submitted by or on behalf of individuals or groups
of individuals, under the jurisdiction of a State Party, claiming to be
victims of a violation of any of the rights set forth in the Convention
by that State Party. Where a communication is submitted on behalf of individuals
or groups of individuals, this shall be with their consent unless the author
can justify acting on their behalf without such consent.
3. Communications shall be in writing and shall not be anonymous. No communication
shall be received by the Committee if it concerns a State Party to the Convention
that has not made a declaration under this article.
Article 41
Requests for interim measures
1. At any time after the receipt of a communication and before a determination
on the merits has been reached, the Committee may transmit to the State
Party concerned for its urgent consideration a request that the State Party
take such interim measures as may be necessary to avoid possible irreparable
damage to the victim or victims of the alleged violation.
2. Where the Committee exercises its discretion under paragraph 1 of the
present article, this does not imply a determination on admissibility or
on the merits of the communication.
Article 42
Transmission of communication to State Party.
1. Unless the Committee considers a communication inadmissible without reference
to the State Party concerned, and provided that the individual or individuals
consent to the disclosure of their identity to that State Party, the Committee
shall bring any communication submitted to it under the present Protocol
confidentially to the attention of the State Party concerned.
2. Within three months, the receiving State Party shall submit to the Committee
written explanations or statements clarifying the matter and the remedy,
if any, that may have been provided by that State Party.
Article 43
Consideration of communications, adoption of views and follow up
1. The Committee shall consider communications received under this Article
in the light of all information made available to it by or on behalf of
individuals or groups of individuals and by the State Party concerned, provided
that this information is transmitted to the parties concerned.
2. The Committee shall hold closed meetings when examining individual communications
under this Article.
3. After examining a communication, the Committee shall transmit its views
on the communication, together with its recommendations, if any, to the
parties concerned.
4. The State Party shall give due consideration to the views of the Committee,
together with its recommendations, if any, and shall submit to the Committee,
within six months, a written response, including information on any action
taken in the light of the views and recommendations of the Committee.
5. The Committee may invite the State Party to submit further information
about any measures the State Party has taken in response to its views or
recommendations.
Article 44
Exhaustion of domestic remedies and admissibility conditions
1. The Committee shall not consider a communication unless it has ascertained
that all available domestic remedies have been exhausted, unless the application
of such remedies is unreasonably prolonged or unlikely to bring effective
relief. In deciding whether domestic remedies are available or have been
exhausted, the Committee may take into account the particular difficulties
which may face persons with disabilities in exercising their rights.
2. The Committee shall declare a communication inadmissible where:
(a) The same matter has already been examined by the Committee or has been
or is being examined under another procedure of international investigation
or settlement;
(b) It is incompatible with the provisions of the Convention;
(c) It is manifestly ill-founded or not sufficiently substantiated;
(d) It is an abuse of the right to submit a communication;
(e) The facts that are the subject of the communication occurred prior to
the entry into force of the present Protocol for the State Party concerned
unless those facts continued after that date.
Collective Complaints Procedure.
Article 45
Capacity to Entertain Collective Complaints.
1. A State Party to the Convention may at any time declare under the present
article that it recognizes the competence of the Committee to receive and
consider collective complaints from international non-governmental organizations
which have consultative status with the United Nations.
2. Any State Party may also, when it expresses its consent to be bound by
this Article or at any moment thereafter, declare that it recognizes the
right of any other representative national non-governmental organization
within its jurisdiction which has particular competence in the matters governed
by the Convention , to lodge collective complaints against it. Such declarations
may be made for a specific period. The declarations shall be deposited with
the Secretary General of the United Nations who shall transmit copies thereof
to the States Parties and publish them.
3. The complaint shall be lodged in writing, relate to a provision of this
Convention It shall indicate in what respect the relevant State Party has
not ensured the satisfactory application of this provision with respect
to one or more rights set forth in this Convention and as it affects a significant
number or group of persons with disabilities.
4. The Committee may request the State Party concerned and the organization
which lodged the complaint to submit written information and observations
on the admissibility of the complaint within such time-limit as it shall
prescribe.
5. If it decides that a complaint is admissible, the Committee shall notify
the States Parties through the Secretary General. It shall request the State
Party concerned and the organization which lodged the complaint to submit,
within such time-limit as it shall prescribe, all relevant written explanations
or information, and the other States Parties, the comments they wish to
submit, within the same time-limit.
6. The Committee shall draw up a Decision in which it shall describe the
steps taken by it to examine the complaint and present its conclusions as
to whether or not the State Party concerned has ensured the satisfactory
application of the provision of the convention referred to in the complaint.
7. The State Party concerned shall provide information on the measures it
has taken to give effect to the Decision of the Committee in its next report
on progress made under its National Action Plan.
Inquiry Procedure
Article
46
Establishment of Inquiry Procedure
1. If the Committee receives reliable information indicating grave or systematic
violations by a State Party of rights set forth in the Convention, the Committee
shall invite that State Party to cooperate in the examination of the information
and to this end to submit observations with regard to the information concerned.
2. Taking into account any observations that may have been submitted by
the State Party concerned as well as any other reliable information available
to it, the Committee may designate one or more of its members to conduct
an inquiry and to report urgently to the Committee. Where warranted and
with the consent of the State Party, the inquiry may include a visit to
its territory.
3. After examining the findings of such an inquiry, the Committee shall
transmit these findings to the State Party concerned together with any comments
and recommendations.
4. The State Party concerned shall, within six months of receiving the findings,
comments and recommendations transmitted by the Committee, submit its observations
to the Committee.
5. Such an inquiry shall be conducted confidentially and the cooperation
of the State Party shall be sought at all stages of the proceedings.
Article 47
Follow-up to report of inquiry
1. The Committee may invite the State Party concerned to include in its
report under article 38 of the Convention details of any measures taken
in response to an inquiry conducted the Convention.
2. The Committee may, if necessary, after the end of the period of six months
referred to in the preceding article, invite the State Party concerned to
inform it of the measures taken in response to such an inquiry.
Article 48
Provision for State Party to opt out of inquiry procedure:
1. A State Party may, at the time of signature or ratification of this Convention
or accession thereto, declare that it does not recognize the competence
of the Committee provided for in this convention.
2. Any State Party having made a declaration in accordance with paragraph
1 of the present article may, at any time, withdraw this declaration by
notification to the Secretary-General
Article 49
Protection against retaliation in respect of any Communications with the
Committee
1. A State Party shall take all appropriate steps to ensure that individuals
under its jurisdiction are not subjected to ill treatment or intimidation
as a consequence of communicating with the Committee pursuant to the Convention.
Reporting by Committee.
Article 50
Annual Reporting by Committee.
1. 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 National Action Plans and any observations presented by States
Parties. Such reports shall be made available in accessible formats.
2. 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.
Review of implementation and monitoring procedures
Article 51
Review conference
No later than 5 years after the entry into force of this Convention, the
Secretary-General shall convene a meeting of the States Parties to consider
the provisions of this Part in light of any relevant developments concerning
monitoring arrangements under other United Nations human rights treaties.
***
Note
In preparing this draft proposal the National Human Rights Institutions
have drawn on their individual and collective experience (including papers
prepared by the Asia Pacific Forum of National Human Rights Institutions
and the European National Institutions), as well as the Bangkok draft, the
Chair’s draft text of January 2004, the original Mexican proposal and a
number of NGO background
Non-governmental organizations
Strengthening implementation at the national level
Discussion paper on Article 25
Summary of Amnesty International’s recommendations
With this paper Amnesty International aims to contribute to the discussion
among non-governmental organizations regarding possible elements of monitoring
the proposed Convention on the Protection and Promotion of the Rights and
Dignity of Persons with Disabilities, which will take place in preparation
for the 6th session of the Ad Hoc Committee in August 2005. The paper builds
on Amnesty International’s experience of monitoring human rights treaties
at the national and international levels, mainly in regard to civil and
political rights.
Amnesty International welcomes that the draft Convention prepared by the
Working Group in principle takes into account the relevance of national
monitoring mechanisms. However, the organization believes that the concept
of the national implementation framework contained in Article 25 lacks clarity
and some further specifications to ensure its effective functioning as a
complement to the international monitoring mechanism of the Convention.
• The Convention should make specific reference to the main tasks of the
government focal point. These include: (1) to facilitate coordination across
different ministerial departments as well as local, regional or federal
authorities as applicable; (2) to ensure or coordinate the collection of
data and statistics as required for effective policy programming and evaluation
of implementation; (3) to cooperate with civil society and organizations
representing persons with disabilities as well as national institutions;
(4) to cooperate with the international monitoring mechanism – particularly
in connection with periodic reporting, follow up and implementation of recommendations
emanating from the international mechanism; (5) to undertake or coordinate
government activities in the area of awareness-raising, educating the general
public, training and capacity-building.
• States parties should be required to formally notify the Secretariat of
the international monitoring mechanism when the government focal point is
established, appointed or designated. Such notification should include the
focal point’s status, mandate and contact details.
• In addition to the designation of a government focal point the Convention
should require states to establish a broader and inclusive coordinating
mechanism such as a national coordinating committee. The coordinating mechanism
should provide a permanent forum for policy formulation and facilitate ongoing
review of the state parties’ implementation at the national level. It should
consist of the government focal point, representatives from relevant government
authorities, national human rights institutions or specialized human rights
institutions for the protection of the rights of persons with disabilities,
relevant non-governmental organizations, including organizations representing
persons with disabilities.
• The role of independent national human rights institutions or specialized
human rights institutions for the protection of the rights of persons with
disabilities within the national implementation framework should be stressed
in the Convention. In this context the relevant provision should contain
reference to some necessary attributes of independent national institutions.
This should include the following: (1) the national institutions should
be operating in accordance with the Paris Principles; (2) they should be
specifically mandated to monitor implementation of the new Convention, concluding
observations and decisions of the international mechanism; (3) they should
be able to make recommendations as they deem appropriate to government authorities
regarding legislation, practice or necessary policy changes; (4) they should
be authorized to receive individual communications and bring cases on behalf
of people with disabilities to domestic courts or – if there is no remedy
on the national level – to relevant international bodies.
The Convention should highlight the importance of national action plans
and reinforce the obligation of states to adopt and execute national strategies.
To ensure that national action plans can contribute effectively to the implementation
of the rights of persons with disabilities at the national level, it might
be required that the Convention makes reference to some fundamental attributes
national action plans should follow. These include that national strategies
and action plans should: (1) be targeted, specific and establish appropriate
benchmarks and indicators; (2) be subject to continuous monitoring at the
national level by a competent and inclusive body such as the coordinating
committee and to evaluation and re-adjustment as required to maximize their
impact; (3) be subject to review by the international mechanism in the context
of the reporting procedure under the Convention.
1. Introduction
Effective implementation of the Convention on the Protection and Promotion
of the Rights and Dignity of Persons with Disabilities (the Convention)
will ultimately need to take place at the national level and the approach
to monitoring must encourage and contribute effectively to national implementation.
A well-conceived and vigorous approach to monitoring must include effective
and complementary mechanisms at both the national and the international
levels. This paper focuses specifically on a national implementation framework
as outlined in Article 25 of the draft Convention, which was prepared by
the Working Group in January 2004 as the basis for the negotiation at the
Ad Hoc Committee.
Amnesty International welcomes that the Working Group’s draft takes into
account the relevance of national monitoring mechanisms as an instrument
to improve the realization of the rights of people with disabilities. However,
while draft Article 25 envisages that states parties designate a focal point
within government, consider the establishment or designation of a coordinating
mechanism and maintain at the national level a framework to promote, protect
and monitor implementation, it lacks some further specifications of such
a framework, its elements and the tasks it should fulfil.
This paper discusses some elements of the national implementation framework
and outlines some attributes these should possess. The elements considered
in the following sections include the government focal point, national coordinating
committees or similar bodies, independent national human rights institutions
or specialized human rights institutions for the protection of the rights
of persons with disabilities and non-governmental organizations, including
organizations representing persons with disabilities. The last section before
drawing some conclusions will deal with national action plans and the role
of the above mentioned institutions or structures in their elaboration and
review. The paper is neither exhaustive nor intended as a blueprint of a
national monitoring mechanism for the new Convention. Not all of the aspects
contained in the paper will ultimately need to be spelled out in the text
of the treaty. However, Amnesty International believes that the underlying
arguments should be taken into account in the debate at the Ad Hoc Committee.
The organization recommends that the objectives and some fundamental attributes
of the national implementation framework should be clarified and reflected
in the Convention.
2. The government focal point and intra-governmental coordination
General Comment No. 5 of the Committee on the Rights of the Child (CRC)
stressed: “In examining States parties’ reports the Committee has almost
invariably found it necessary to encourage further coordination of government
authorities to ensure effective implementation: coordination among central
government departments, among different provinces and regions, between central
and other levels of government and between Government and civil society.”1
Similarly to the Convention on the Rights of the Child, the cross-cutting
nature of effectively implementing the rights of persons with disabilities
at the national level requires the involvement of several branches of government
authorities, which as a result poses challenges for effective coordination.
While the CRC’s General Comment did not attempt to prescribe detailed arrangements
of intra-governmental coordination, it refers to inter-ministerial or inter-departmental
committees as examples.
For instance, with respect to the implementation of their obligations under
the Convention on the Rights of the Child many governments have put in place
specific departments in charge of addressing issues pertaining to problems
children face in the country. Within the administration of many countries
also specific entities exist whose task is to promote equal opportunities
for people with disabilities. Such specialized entities should not operate
in isolation and hence perpetuate the marginalization of persons with disabilities.
Such entities should instead be put into a position that allows them to
effectively lead and coordinate the development and implementation of policies
relevant to persons with disabilities; and in the context of the new Convention
a strong rights-based approach needs to be reflected in the working methods
of such entities.
A government focal point for matters relating to the implementation of the
Convention, as proposed in the draft of the Working Group, could strengthen
intra-governmental coordination through inter-ministerial or inter-departmental
committees in relevant areas but also facilitate more effective links between
states and the international mechanism. However, the idea of a government
focal point to lead intra-governmental coordination in respect of the states
obligations under the Convention should in practice be complemented by broader
coordinating mechanisms at the national level that also include non-governmental
actors and national institutions.
3. National coordinating bodies and the national implementation
framework
Draft Article 25 (1) encourages states to give due consideration to the
establishment or designation of a coordinating mechanism; however, it does
not require states parties to ensure that appropriate institutional arrangements
for effective coordination are in place. Furthermore, it is not clear whether
this provision merely relates to a mechanism of intra-governmental coordination
or one that could also involve other actors at the national level. Similarly
in draft Article 25 (2), the provision on the establishment and maintenance
of a national framework to promote, protect and monitor implementation lacks
specificity as regards the framework’s main elements, its infrastructure
and its organisation. While the Convention will need to be flexible it should
contain some minimum requirements with regards to such a framework.
The Standard Rules on the Equalization of Opportunities for Persons
with Disabilities, adopted by the General Assembly in 1993 emphasize
that states are responsible for the establishment and strengthening of national
coordinating committees or similar bodies and to encourage their participation
in implementation and monitoring of the rules.2
The concept of such coordinating committees goes beyond that of purely intra-governmental
coordination and of a focal point within government as provided for in the
Working Group draft. The national coordinating committees or similar bodies
envisaged in the Standard Rules are permanent structures that should include
representation from concerned government agencies, eminent persons and non-governmental
organizations (NGOs), with special emphasis on adequate representation from
organizations of peoples with disabilities. While they should be provided
with sufficient autonomy the coordinating committees should report to the
highest governmental level.3
To maintain an effective national implementation framework the Convention
on the protection and promotion of the rights of persons with disabilities
should draw on the idea of a broad and inclusive consultative arrangement,
which regularly brings together the governmental focal point, representatives
of relevant authorities, national institutions as well as NGOs, including
organizations representing persons with disabilities. Where Coordinating
Committees or similar bodies monitoring the Standard Rules already exist,
states parties to the Convention could build on these structures to strengthen
broad participation and coordination in the formulation of relevant policies
as well as to review implementation of the Convention at the national level.
4. Independent national institutions and the national implementation
framework
As part of the consultative process but also with regards to an ongoing
review of implementation and follow-up, independent national human rights
institutions (NHRIs), established in accordance with the "Paris Principles"4
, as well as specialized human rights institutions to protect and promote
the interest of persons with disabilities could play an important role within
the national implementation framework of the new Convention. Independent
national institutions, including disability rights commissions, could contribute
to monitoring at the national level, support legal cases and take further
steps to translate law into action by providing advice, training, campaigning
or awareness-raising. Effective and independent national institutions could
contribute with their expertise, networks and infrastructure to facilitate
periodic consultation between the members of national coordinating committees
or similar bodies, as referred to above. However, the extent to which national
institutions can effectively contribute to implementation at the national
level largely depends on their mandate, their working methods and in particular
their independence.
Within the framework of existing human rights treaties, it is apparent that
the potential of national institutions has yet to be fully realized. Currently
there are only approximately 50 to 60 NHRIs which operate in accordance
with the Paris Principles, and it is not necessarily the case that they
have been explicitly mandated to monitor their government’s implementation
of treaties.5 Hence,
for an effective national implementation framework of the new Convention
it will be important that some minimum requirements as regards independence
and the effectiveness of national institutions are fulfilled. A national
institution, which is not working independently and effectively, could in
practice become an obstacle to the effective implementation of the Convention;
it can be an instrument of impunity, rather than a tool to promote and protect
the rights of persons with disabilities. This might require that the Convention
specifically address some necessary attributes of national institutions.
Based on Amnesty International’s observations of the work of NHRIs and their
impact, the organization has made in the past a number of recommendations
concerning the establishment and effective functioning of NHRIs, which should
also be highlighted in the context of the discussion about the role of national
institutions in the national implementation framework of the new Convention:6
• Independence: National institutions must be independent from
the executive functions of government and its founding charter should reflect
this. It is essential therefore that national institutions should be established
by law or, preferably, by constitutional amendment. Procedures of selection,
appointment, removal and terms of tenure of members and staff of national
institutions should be clearly specified and laid down in its founding legislation,
so as to afford the strongest possible guarantees of competence, impartiality
and independence.
• Monitoring implementation of international human rights treaties and
follow-up to recommendations of international mechanisms: The mandate
of national institutions should specifically include the power to monitor
government fulfilment of international and regional human rights treaties
and human rights obligations under domestic law. The power to follow-up
on recommendations and reports made in relation to implementation and compliance
with international human rights standards should include a suitable framework
within which the national institution may compel the relevant authority
to explain and report to the national institution, within a reasonable period
of time, as to why, for example, it has not followed and did not apply recommendations
made by the international monitoring mechanism of the Convention or other
human rights treaty bodies or thematic mechanisms. Independent national
institutions should submit reports of their assessment of the human rights
situation in their country to the UN human rights treaty monitoring bodies
on their own behalf; they should not write the state’s reports to treaty
monitoring bodies. National institutions should as far as possible attend
and participate in international meetings and fora including the treaty
monitoring bodies and UN political bodies concerned with human rights. When
doing so, they should represent themselves as independent national institutions,
rather than representing their government.
• Investigations: National institutions should have precisely defined
powers to conduct wide-ranging national enquiries on human rights concerns
and to investigate on their own initiative situations and cases of reported
human rights violations. In order to discharge their mandate effectively
national institutions need to have access to government information and
consider information from any other reliable source. State officials should
be legally obliged to cooperate with the national institution’s investigations
and national institutions should seek to establish collaborative links with
national and international NGOs wherever appropriate and necessary to obtain
further information. The result of the national institution’s investigations
should be referred to appropriate judicial bodies without delay so that
they can take appropriate action.
• Individual complaints and participation in domestic legal cases:
National institutions should be able to receive communications not only
from the complainants themselves but also, if the complainants themselves
are unable or prevented from doing so, from lawyers, relatives or others
acting on their behalf, including non-governmental groups. National institutions
should have powers to ensure effective non-judicial remedies, including
interim measures to protect the life and safety of a complainant; it should
ensure measures of redress and rehabilitation are taken in appropriate cases.
Wherever necessary, national institutions have to ensure that individual
cases are referred to other competent bodies or the judiciary. National
institutions should specifically have the power to bring legal cases to
protect the rights of individuals or to promote changes in law and practice.
National institutions must also have the legal power to submit advice to
the courts, such as amicus curiae briefs or third party interventions, on
legal issues within their field of expertise in an independent capacity,
without being a party to the case. This is important to ensure that the
courts are informed about specialized human rights law concerns and to ensure
that human rights standards are actively implemented in court decisions.
Where domestic remedies for human rights violations are exhausted or ineffective,
national institutions should raise the matter with the international and
regional bodies mandated to assess compliance with human rights standards,
such as the human rights treaty monitoring bodies or the UN special procedures.
In this way national institutions could support the work of the international
monitoring mechanism of the Convention and contribute to mainstreaming the
rights of persons with disabilities in other international and regional
mechanisms for the promotion and protection of human rights.
• Accountability: National institutions should report publicly
on their activities either to an independent civil society body, or to a
functioning and exacting parliamentary body. Issues related to the establishment
of national institutions, their mandate, activities and working methods
should also be subject to examination by the international monitoring mechanism
within the procedure of periodic reporting.
The role of independent national human rights institutions or specialized
human rights institutions for the protection of the rights of persons with
disabilities within the national implementation framework should be stressed
in the Convention. While experience shows that it would be difficult for
many states to accept in the Convention too detailed provisions containing
specific requirements national institutions should fulfil and that it will
be necessary to retain some flexibility, the Convention should address a
minimum of necessary attributes of national institutions to ensure their
independence and effective functioning within the national implementation
framework.
5. Participation of civil society
Successful implementation and monitoring at the national level of the Convention
on the rights of persons with disabilities will depend on a high degree
of effective participation by civil society, including organizations representing
persons with disabilities and human rights organizations. The provision
on the national implementation framework should reflect this.
The Standard Rules acknowledge not only the right of organizations
of persons with disabilities to represent persons with disabilities at national,
regional and local levels but also specifically calls on states to recognize
the advisory role of these organizations in decision-making on disability
matters.7
The expertise of international, regional or local civil society organizations,
particularly those representing persons with disabilities, offers a huge
potential that should be used to the maximum extent possible within the
monitoring process of the new Convention. Civil society organizations can
contribute e.g. by providing information, engaging with international regional
or national agencies, encouraging governments and national constituencies
to undertake further measures to implement the rights of people with disabilities,
and following up with governments on the implementation of relevant recommendations.
Furthermore, access of stakeholders to contribute effectively to the process
of monitoring is imperative in order to build up the legitimacy and authority
that is required for the effective functioning of any type of monitoring
mechanism – at the national and the international level – and hence the
fulfilment of the aim and the purpose of the Convention.
A national framework to promote, protect and monitor implementation of the
new Convention should also stimulate the involvement of the general public
as well as certain professional groups acting as multipliers or performing
vital functions in the context of the implementation of human rights provisions
at the national level. Promotional activities such as training on the rights
of persons with disabilities should be targeted at people who may have to
consider and apply human rights issues in their work – law-makers, administrative
decision-makers, judges, lawyers, the medical profession, teachers, social
workers, police officers etc.
The national implementation framework and the actors participating in it
– such as government focal points and independent national institutions
– should use the NGO sector’s wider social outreach mechanics to publicise
activities or to facilitate receiving complaints from sections of society
who are either geographically, politically or socially remote. It will be
vital to ensure that relevant information and training materials are disseminated
to suitable target audiences and that they are accessible to persons with
disabilities.
6. National strategies of implementation and action plans
Particularly since the 1993 World Conference on Human Rights in Vienna,
the call on states to elaborate national action plans has been echoed in
different contexts at several occasions. For example, the Platform for Action
adopted by the Fourth World Conference on Women, held in Beijing in September
1995 (Beijing Platform for Action), called on governments to develop in
consultation with relevant institutions and non-governmental organizations,
implementation strategies for the Platform or national plans of action.
As of March 2005 the United Nations Division for the Advancement of Women
(DAW) had received action plans from 121 member and observer states. However,
since April 2000, there has only been one submission and no information
is available as to whether those action plans submitted earlier have been
updated since their adoption.8
It remains to be seen whether further action plans will be submitted or
those submitted earlier will be updated following the review of the Beijing
Declaration and Platform for Action earlier this year.
The Beijing Platform for Action invites states parties, when reporting to
the Committee on the Elimination of All Forms of Discrimination against
Women (CEDAW), to include information on measures taken to implement the
Platform.9 Picking
up on the language from Beijing, the reporting guidelines of CEDAW specifically
request states parties to include information about measures taken to implement
the 12 critical areas of the Beijing Declaration and Platform for Action.10
Amnesty International has not undertaken a thorough review of the extent
to which states parties systematically include this information in their
reports, but implementation of the Beijing commitments does not appear to
be a central feature of the dialogue between CEDAW and the state party or
the resulting concluding observations.
While it appears that within the existing human rights framework there is
still significant scope for improvements, national action plans and periodic
reporting to an international monitoring body of the Convention can be seen
as important elements complementing each other. In order to equip the Convention
with the strongest possible means to ensure implementation at the national
level, the provision on the national implementation framework should not
ignore this. The Convention should reflect this complementarity; and it
may also be necessary to specify some main requirements states should meet
with regards to the elaboration and execution of national action plans.
General Comment No. 5 of the CRC contains a number of recommendations as
to the process of adopting national strategies and action plans as well
as its contents.11
Such recommendations will also be relevant for the effective implementation
of the Convention on the rights of persons with disabilities and they point
to a number of specific tasks a national implementation framework should
perform. Translated into the context of the discussion about national implementation
of the new Convention some of the main requirements national action plans
should fulfil include the following:
• National strategies with regards to disability should be comprehensive
and rights-based in accordance with the framework of the Convention. They
should be integrated into overall national human rights implementation programming,
effectively linked to social development planning and endorsed at the highest
level of government in order to give them strongest possible authority and
avoid marginalization.
• Effective implementation of the Convention on the rights of persons with
disability will require a yardstick along which progress can be measured.
Hence national strategies and action plans should spell out specific and
time-bound targets, benchmarks and indicators. Moreover, while states have
to comply with all of their obligations under the Convention, effective
national strategies have to set clear priorities in accordance with the
situation in the state concerned and the available resources. While resources
are always limited, states have to make the necessary budget allocations
to ensure the successful development and execution of national strategies
in order to implement the provisions of the Convention.
• National strategies and action plans need to be subject to continuous
monitoring, review and evaluation of progress. While national strategies
should aim at setting out a mid- and long-term programme of work to be rigorously
followed through, the plans also have to leave flexibility to adjust policies
and legislations on the basis of the outcomes of the evaluation if required.
• In order to strengthen transparency and accountability states should take
effective steps to ensure that not only the development of national strategies
and action plans but also their review and evaluation is subject to broadest
possible public debate and effective participation by national institutions
and civil society – in particular organizations representing persons with
disabilities and those living and working with them. Governments should
be required to report publicly and periodically on the achievements and
challenges as regards the execution of the plans, for example, to parliament,
national institutions and coordinating committees or similar bodies as outlined
above.
• Conclusions emanating from the treaty monitoring process at the international
level should be reflected in national strategies and action plans. At the
same time, the strategies themselves have to be subject to scrutiny at the
international level. Information on the procedure of its elaboration, its
contents, achievements and challenges should be incorporated into the reports
submitted within the monitoring process at the international level.
Periodic reporting to an international mechanism can stimulate reflection
on national strategies and action plans. At the same time, once national
strategies and action plans have been developed and an infrastructure to
coordinate activities and monitor progress has been established it would
be much easier for states to report periodically on the implementation of
the Convention to an international body. Continuity in gathering information
and follow-up activities would be enhanced.
However, reporting to an international and independent experts’ body should
not be based solely on national strategies and reduced to submission of
action plans. An international monitoring mechanism requires space to develop
and refine its reporting guidelines, including in relation to the type of
information it requests from states to assess their compliance with the
Convention.12
A reporting approach exclusively based on action plans developed at the
national level could limit the international mechanism’s ability to solicit
and consider the information required to review effectively states’ compliance
with the provisions of the Convention. An international monitoring mechanism
should be free to seek and consider information from all relevant sources
and on all issues deemed appropriate to assess states’ compliance with their
obligations under the Convention.
7. Conclusion
Arrangements to foster national implementation require the involvement of
a plethora of institutions and structures within a consistent framework.
Such a framework should comprise government focal points, national coordinating
committees or similar bodies, independent national human rights institutions
or specialized human rights institutions to protect the interests of persons
with disabilities, effective procedures to ensure participation of civil
society as well as methods for the development, execution and evaluation
of comprehensive national strategies and action plans. To establish and
maintain such frameworks a high degree of political determination but also
capacity and international cooperation will be required.
Experience shows that it will be difficult for some states to accept provisions
in the Convention that prescribe in too much detail how a national implementation
framework should look like and what precisely it should do. The Convention
will need to set the frame but leave room for states parties to fill it
in accordance with their constitution, their legal system and traditions.
However, as regards draft Article 25 of the Working Group, some specifications
that flow from the fundamental objectives of a national implementation framework
and its elements will be required to ensure its effective functioning and
its ability to make a lasting contribution to the promotion and protection
of the human rights of persons with disabilities.
Concerns over resource implications and the imposition of additional obligations
on states should not lead to ultimately adopting a Convention with an inadequate
mechanism for monitoring implementation. Deficiencies in the implementation
mechanism would jeopardize the achievement of the overall purpose of the
Convention and potentially also undermine the realization of the rights
of persons with disabilities through existing instruments. In contrast,
a well-equipped and effectively functioning monitoring mechanism at the
national level would make it considerable easier for states to expose and
respond to the de facto situation of persons with disabilities on the ground
and to interact more efficiently with the international mechanism to monitor
implementation of the Convention.
Footnotes:
1. Committee on the Rights of the Child, General Comment No. 5, General measures of implementation of the Convention on the Rights of the Child (arts. 4, 42 and 44, para. 6), UN Doc. CRC/GC/2003/5, 27 November 2003, para 37.
2. See Rule 17 of the Standard Rules
on the Equalization of Opportunities for Persons with Disabilities, adopted
by UN General Assembly resolution A/RES/48/96, 20 December 1993.
3. Already prior to the adoption of the
Standard Rules, in its resolution on the implementation of the World Programme
of Action, which called upon Governments and UN bodies to participate actively
in the elaboration of the rules, the General Assembly had endorsed specific
guidelines for the establishment and development of national coordinating
committees on disability and encouraged governments to consider these guidelines
in their national programmes; see UN General Assembly resolution A/RES/46/96,
16 December 1991. The text of the “Guidelines for the Establishment and
Development of National Coordinating Committees on Disability” can be found
in UN Doc A/C.3/46/4, 6 November 1991.
4. The “Principles relating to the status
of national institutions'' – known as the Paris Principles – originate from
an international workshop convened by the Center for Human Rights in October
1991. The recommendations were later endorsed by the UN Commission on Human
Rights (resolution 1992/54) and the UN General Assembly (A/RES/48134).
5. Out of 98 institutions listed in the
directory of the National Human Rights Institutions Forum 51 have full accreditation
with the International Coordinating Committee of National Institutions for
the Promotion and Protection of Human Rights (ICC), which requires its members
to operate in accordance with the Paris Principles. 8 institutions have
been granted only provisional accreditation due to insufficient documentation.
7 institutions have only been granted observer status as they are not considered
fully compliant with the Paris Principles and 4 institutions have been found
non-compliant. The directory does not contain information about the remaining
28 institutions; see http://www.nhri.net/default.asp?PID=276&DID=0
(information correct as of 3 June 2005).
6. See National Human Rights Institutions
– Amnesty International’s recommendations for effective protection and promotion
of human rights, October 2001, AI Index IOR 40/007/2001.
7. See Rule 18. The rule contains more
on the role of organizations representing persons with disability in implementing
the Standard Rules as well as a number of measures states should consider
to encourage and support their formation and strengthening.
8. See Implementation of the Beijing
Platform for Action & Compliance with International Legal Instruments
on Women, http://www.un.org/womenwatch/daw/country/compliance-table-3.2005.pdf.
In addition to the member states five organizations submitted interregional,
regional and subregional plans. The full list of action plans submitted
to DAW and those plans available in electronic format are available at http://www.un.org/womenwatch/daw/country/national/natplans.htm.
The list has not been updated since April 2000.
9. In October 1998, DAW had also sent
on behalf of the UN Secretary General a questionnaire to governments requesting
them to provide information on the implementation of the Beijing Platform
for Action. As of 18 August 2000, 155 member and observer states had responded.
The questionnaire and the responses are available at http://www.un.org/womenwatch/daw/followup/countrylist.htm.
11. UN Doc. CRC/GC/2003/5, 27 November
2003, paras 28-36. The Standard Rules also contain provisions related to
the development, execution, continuous monitoring and evaluation of national
programmes and services concerning the equalization of opportunities for
persons with disabilities the national, see Rules 13 to 20 (http://www.un.org/esa/socdev/enable/dissre05.htm#Rule%2014).
Another example of monitoring implementation based on national action plans
provides ILO Convention 182 on the elimination of the worst forms of child
labour. It requires ratifying states to create and implement a national
plan to eradicate the worst forms of child labour within a specific time-frame.
They are also responsible for identifying the necessary financial and human
resources to execute it and for monitoring its progress. Although there
is no blueprint for fulfilling the Convention’s obligations, in order to
be effective, the implementation process is to be both consultative and
comprehensive. The Convention also encourages governments to assist each
other with implementation.
12. In order to ensure that the monitoring
mechanism of the Convention will be grounded within the existing framework
of international human rights treaties, the development of such guidelines
would require consultation with other treaty monitoring mechanisms.
ARAB ORGANIZATION OF DISABLED PEOPLE
Intervention on Draft Article 25 "Monitoring"
The Arab Organization of Disabled People (AODP) deems that monitoring is
one of the most significant articles of the Agreement. All the members of
AODP are fully convinced that unless a monitoring mechanism is provided,
the Agreement will not enjoy the adequate and required care of the party
states.
AODP consequently believes that the article on monitoring should focus on
the following:
1. Setting up a national monitoring and coordination mechanism that oversees
the implementation of the Agreement within the national context.
2. Seeking to establish a regional coordination and monitoring mechanism
that follows up the implementation of the Agreement at the regional level
through the cooperation of the different countries of the region.
3. There must be an international party that is concerned with following
up and coordinating the implementation of the Agreement, as well as coordinating
the efforts exerted by party states to put the Agreement into effect.
4. National, regional and international parties work on setting up special
committees concerned with following up the implementation of the Agreement.
5. People with disabilities and their own non-government organizations must
be members of all national, regional and international committees.
6. National, regional and international parties will prepare the necessary
reports about the implementation of the Agreement by party states, and follow
up those reports.
7. Follow-up committees have the responsibility of coordinating with parties
monitoring other human rights agreements and conventions as regards respecting
the rights of people with disabilities.
LANDMINE SURVIVORS NETWORK
Intervention on Monitoring
August 11, 2005
Thank you Mr. Chairman.
I would like to begin by again thanking the Chairman and the Committee for
supporting and ensuring the unprecedented involvement of people with disabilities
and non-governmental organizations in this Convention process. It is my
hope that this involvement has and will continue to strengthen the draft
text and the negotiation process.
In order to foster the effective implementation of the Convention, I would
like to emphasize the importance of continued coordination among and participation
by people with disabilities and relevant non-governmental organizations
and stakeholders in the monitoring process. In addition to the suggestion
of the IDC of including people with disabilities and non-governmental organizations
in the actual monitoring body, CIR would like to encourage the involvement
of non-governmental organizations, which includes disabled people’s organizations,
human rights institutions and other relevant stakeholders, in the reporting
process of the Convention.
Therefore, we would like to suggest that provisions on monitoring should
specifically address the involvement of non-governmental organizations in
the reporting process by stating the following:
“The Committee shall include 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.”
The inclusion of shadow reports in the monitoring mechanisms of international
treaties is in an invaluable source of information that serves to compliment
those reports provided by the State Parties and also ensures the inclusion
of people with disabilities in all aspects of the Convention.
The involvement of non-governmental organizations already occurs in practice
within many of the existing human rights treaty monitoring systems, including
the Convention on the Elimination of all Forms of Discrimination Against
Woman and the Convention of Economic, Cultural and Social Rights. The Convention
for the Rights of the Child has taken the next step by formally institutionalizing
the inclusion of non-governmental reports by allocating and dedicating the
last week of the session of the Monitoring Committee to the reporting of
coalitions of non-governmental organizations from the countries that are
due to report for the upcoming session. Moreover, the Convention on the
Rights of the Child makes specific provision for involving non-governmental
organizations and other actors in the work of the Committee as is consistent
with the suggestion by the IDC.
The official involvement of non-governmental organizations in the reporting
process has also been established in numerous other international treaties,
including, for example, the Mine Ban Treaty and the Convention on International
Trade In Endangered Species.
We would like to ensure that that this convention explicitly provides for
the inclusion of non-governmental organizations in the reporting process,
in line with actual practice and consistent with provisions found in many
other international treaties. This lead from practice to provision would
build upon the lessons learned from other international conventions. Moreover,
it is consistent with one of the fundamental principles of the convention
– the participation and inclusion of people with disabilities – as well
as the process by which this treaty is being negotiated.
Thank you very much. We would be happy to make our proposal available to
those who are interested.
CENTER FOR INTERNATIONAL REHABILITATION
Contribution in relation to MONITORING
by
People with Disability Australia
Australian Federation of Disability Organisations
(Australian) National Association of Community Legal Centres
As it is currently drafted, article 25 only deals with two aspects of domestic
implementation. Much more is obviously required to ensure the implementation
and monitoring of the convention, both at the national and international
levels.
At the domestic level the implementation and monitoring provisions of the
convention should require States to:
(a) Enact laws to directly incorporate the rights set out in the convention
into the domestic laws of the State
(b) Develop, implement, and evaluate, progressive national action plans
to realise the rights set out in the convention;
(c) Establish or designate an independent office of commissioner or ombudsman,
operating consistent with the Paris Principles, with the role of monitoring
the implementation of the convention within the State to ensure that the
human rights of persons with disability are realised;
(d) Enact laws providing domestic avenues of complaint and redress for persons
with disability, and classes of persons with disability, in circumstances
where their human rights under this convention have been breached;
(e) Mandate the role of persons with disability, and independent disabled
peoples organisations, in public policy and program development, implementation,
and evaluation in relation to issues impacting on persons with disability;
(f) Provide financial support and other resources for the operation of independent
disabled peoples organisations;
(g) Develop, implement, and evaluate on a progressive basis a national program
of independent advocacy services for people with disability capable of providing
individual, group and systemic advocacy assistance to persons with disability
to realise their rights under this convention.
At the international level the implementation and monitoring provisions
of the convention should:
(a) Establish a treaty monitoring body, constituted by persons with specific
expertise in the area of disability. It was generally agreed that this body
should be constituted by a majority of experts with disability, drawn from
a variety of impairment backgrounds;
(b) Require States to submit periodic reports outlining their progress in
implementing the convention at the domestic level for examination by the
treaty monitoring body. In this respect, it was generally thought that a
5 yearly reporting cycle was appropriate;
(c) Establish a procedure for complaints to be made to the treaty body by
(or in respect of) individuals with disability and classes of persons with
disability where there has been breach of their rights under the convention,
and where no domestic remedy is available;
(d) Establish a conciliation commission to resolve major breaches of human
rights through high-level international dialogue;
(e) Ensure the referral of issues of concern to United Nations specialist
agencies for attention;
(f) Establish a position and office of Special Rapporteur on Disability
that would have the role of:
• Coordinating the work of the treaty body, conciliation commission, and
complaints procedure;
• Promoting and monitoring the implementation of the convention internationally;
• Drawing the international community’s attention to areas of key concern,
and promoting international cooperation, where applicable, to address them;
• Developing guidance and advisory materials on implementation measures
for distribution within the international community;
• Facilitating international cooperation and dialogue in relation to cross
jurisdictional problems;
• Ensuring that the obligations set out in the convention are promoted and
applied throughout the United Nations system, agencies and initiatives,
and through other intergovernmental and international civil society organisations
and corporations;
• Maintaining dialogue with disabled peoples’ organisations in relation
to these matters.
Apart from these issues, the convention also still requires a procedure
for signature, ratification, accession and entry into force. In this respect
we are strongly opposed to the incorporation of any procedure that would
permit reservations to be made against any of the substantive or procedural
obligations of the convention.
INTERNATIONAL DISABILITY CAUCUS
IDC DRAFT
ARTICLE 25
INTERNATIONAL AND NATIONAL MONITORING AND OTHER ASPECTS OF IMPLEMENTATION,
AUGUST 8, 2005
I. Publicity
States Parties undertake to widely disseminate this Convention as well as
periodic reports, general comments, and other pronouncements of its subsidiary
bodies. States Parties shall make every effort to disseminate the materials
set forth in this provision in accessible formats.
II. Committee on the Rights of Persons with Disabilities
A. Establishment of Committee
1. For the purpose of reviewing the 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.
2. 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 shall:
(e) be composed of members who are all persons with disabilities and who
reflect equitable diverse cross-disability representation;
(f) comprise an equal number of women and men members;
(g) reflect equitable geographic distribution;
(h) reflect representation of the principal legal systems; and
(i) shall include members with expertise on children with disabilities.
3. Each State Party may nominate up to two persons, 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.
4. The nominated persons will be short listed by a joint State party and
International Disability Caucus/International Disability Alliance selection
committee convened by the Secretary General. The Selection Committee will
present a short list of no more than 15 nominees for election. The members
of the Committee shall be elected by secret ballot by the States Parties
from such list of persons nominated by the States Parties. As the membership
of the Committee increases, the number of nominees allowed shall increase
proportionately.
5. 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.
6. 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.
7. 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 Chairperson of the meeting
of States Parties.
8. The members of the Committee shall be eligible for re-election if renominated,
but no person may serve more than two full terms on the Committee.
9. 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,
in accordance with this Article, for the remaining part of the term. The
new appointment is subject to the approval of the Committee.
B. Administration of the Committee
1. The Committee shall elect its officers for a period of two years. The
Chair of the Committee shall be a person with a disability.
2. The Committee shall adopt its own rules of procedure. In establishing
its rules of procedure, the Committee shall be guided by and take into its
consideration the rules of procedure adopted by other human rights treaty
bodies and shall consult with the Office of the High Commissioner for Human
Rights.
3. The Committee shall elect its officers for a term of two years and the
chairperson of the Committee shall be a person with disability.
4. The Committee shall meet for such time as is necessary for it to undertake
its work, and this shall involve at least one meeting of per year for a
period of three weeks.
5. 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.
6. The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the
Committee.
7. The members of the Committee shall receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may decide.
8. 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.
C. Reporting by States Parties
1. States Parties undertake to submit to the Committee, through the Secretary-General
of the United Nations, an initial 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 ensure participation, on the basis
of equality between women and men, at all stages of the monitoring process
of this Convention.
2. 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 four years or whenever the Committee so requests in accordance with
article [ ] with respect to national action plans.
3. 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.
4. The Committee shall adopt any further guidelines relating to the content
of the reports, which it considers appropriate. These guidelines must be
evolved to ensure gender and indigenous disaggregated reporting by States
Parties. Such guidelines must also take account the particular situation
of persons with disabilities who are not visible in society.
5. 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.
6. States Parties shall make a draft of their reports widely available to
the public in their own country in local languages and accessible formats
six months prior to the finalisation of the report and its submission to
the Secretary-General.
7. 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.
D. Consideration of Reports
1. 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.
2. The Committee shall invite representatives of States Parties to participate
in its consideration of the report. Where a State Party is overdue with
the submission of its report, the Committee may consider the situation in
that State Party in the absence of a report.
3. 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.
4. 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 in order to enable the specialized agencies to assist the
Committee with their expertise. The Committee shall consider in its deliberations
such comments and materials as the specialized agencies may provide.
5. 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.
6. 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.
7. United Nations Member States, which are not parties to the Convention,
may, on a voluntary basis, provide reports to the Committee for consideration.
E. Relationship between the Committee and other Bodies
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:
1. 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 this Convention as fall within
the scope of their activities.
2. The Committee shall invite representatives of specialized agencies, organs,
special and thematic rapporteurs of the United Nations, as well as of intergovernmental
organizations, to participate, in a consultative capacity, in the meetings
of the Committee whenever matters falling within their field of competence
are considered.
3. 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.
4. 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.
5. The Committee shall invite national human rights institutions/national
mechanisms and/or focal points, representatives of disabled persons organizations
and of non-governmental organizations with expertise in the field of disability
issues or other relevant fields, and other relevant bodies to submit relevant
information to the Committee to assist it in its work and to be present
and to be heard in its meetings.
F. Relationship between UN Agencies and Coordinating Committee on Disability
Policy
1. State Parties shall establish an international coordinating committee
composed of the Office of High Commissioner of Human Rights, the Department
of Economic and Social Affairs, the UN specialized agencies and organs,
and international organizations representing persons with disabilities (“the
International Coordinating Committee on Disability Policy”).
2. The function of the International Coordinating Committee on Disability
Policy shall be to serve as a forum to share and coordinate issues of disability
policy relevant to the respective mandates of the international agencies.
3. The International Coordinating Committee on Disability Policy shall hold
bi-annual meetings.
G. Individual Complaints Procedures
Acceptance of competence of the Committee to receive complaints
1. A State Party to the Convention may at any time declare under the present
article that it recognizes the competence of the Committee to receive and
consider complaints from or on behalf of individuals subject to its jurisdiction
who claim that their individual rights as established by this Convention
have been violated by that State Party.
2. Complaints may be submitted by or on behalf of individuals or groups
of individuals, under the jurisdiction of a State Party, claiming to be
victims of a violation of any of the rights set forth in the Convention
by that State Party. A complaint submitted on behalf of individuals or groups
of individuals shall only be admissible if the individuals or groups of
individuals in question have been informed about the complaints and have
not freely expressed their denial of consent to the complaint.
3. Complaints shall be in writing and shall not be anonymous. No complaints
shall be received by the Committee if it concerns a State not a party to
this Convention.
Requests for interim measures
1. At any time after the receipt of a complaint and before a determination
on the merits has been reached, the Committee may transmit to the State
Party concerned for its urgent consideration a request that the State Party
take such interim measures as may be necessary to avoid possible irreparable
damage to the victim or victims of the alleged violation.
2. Where the Committee exercises its discretion under paragraph 1 of the
present article, this does not imply a determination on admissibility or
on the merits of the complaint.
Transmission of complaint to State Party
1. Unless the Committee considers a complaint inadmissible without reference
to the State Party concerned, and provided that the individual or individuals
consent to the disclosure of their identity to that State Party, the Committee
shall bring any complaint submitted to it under this article confidentially
to the attention of the State Party concerned.
2. Within three months, the receiving State Party shall submit to the Committee
written explanations or statements clarifying the matter and the remedy,
if any, that may have been provided by that State Party.
Consideration of complaints, adoption of views and follow up
1. The Committee shall consider complaints received pursuant to this Convention
in the light of all information made available to it by or on behalf of
individuals or groups of individuals and by the State Party concerned, provided
that this information is transmitted to the parties concerned.
2. The Committee shall hold closed meetings when examining complaints under
this Convention.
3. After examining a complaint, the Committee shall transmit its views on
the complaint, together with its recommendations, if any, to the parties
concerned.
4. The State Party shall give due consideration to the views of the Committee,
together with its recommendations, if any, and shall submit to the Committee,
within six months, a written response, including information on any action
taken in the light of the views and recommendations of the Committee.
5. The Committee may invite the State Party to submit further information
about any measures the State Party has taken in response to its views or
recommendations, if any, including as deemed appropriate by the Committee,
in the State Party's subsequent reports under this Convention.
Exhaustion of domestic remedies and admissibility conditions
1. The Committee shall not consider a complaint unless it has ascertained
that all available domestic remedies have been exhausted, unless the application
of such remedies is unreasonably prolonged or unlikely to bring effective
relief.
2. The Committee shall declare a complaint inadmissible where:
(a) The same matter has already been examined by the Committee or has been
or is being examined under another procedure of international investigation
or settlement;
(b) It is incompatible with the provisions of the Convention;
(c) It is manifestly ill-founded or not sufficiently substantiated;
(d) It is an abuse of the right to submit a complaint; or
(e) The facts that are the subject of the complaint occurred prior to the
entry into force of this Convention for the State Party concerned unless
those facts continued after that date.
H. Establishment of Inquiry Procedure
1. If the Committee receives reliable information indicating grave or systematic
violations by a State Party of rights set forth in the Convention, the Committee
shall invite that State Party to cooperate in the examination of the information
and to this end to submit observations with regard to the information concerned.
2. Taking into account any observations that may have been submitted by
the State Party concerned as well as any other reliable information available
to it, the Committee may designate one or more of its members to conduct
an inquiry and to report urgently to the Committee. Where warranted and
with the consent of the State Party, the inquiry may include a visit to
its territory.
3. After examining the findings of such an inquiry, the Committee shall
transmit these findings to the State Party concerned together with any comments
and recommendations.
4. The State Party concerned shall, within six months of receiving the findings,
comments and recommendations transmitted by the Committee, submit its observations
to the Committee.
5. Such an inquiry shall be conducted confidentially and the cooperation
of the State Party shall be sought at all stages of the proceedings.
Follow-up to Report of Inquiry
1. The Committee may invite the State Party concerned to include in its
report under article [ ] of the Convention details of any measures taken
in response to an inquiry conducted under article [ ] of the Convention.
2. The Committee may, if necessary, after the end of the period of six months
referred to in the preceding article, invite the State Party concerned to
inform it of the measures taken in response to such an inquiry.
Provision for State Party to opt out of inquiry procedure:
1. A State Party may, at the time of signature or ratification of the Convention
or accession thereto, declare that it does not recognize the competence
of the Committee provided for in article [ ].
2. Any State Party having made a declaration in accordance with paragraph
1 of the present article may, at any time, withdraw this declaration by
notification to the Secretary-General
I. Reports on Protection against retaliation in respect of any Complaints
with the Committee
A State Party shall take all appropriate steps to ensure that individuals
under its jurisdiction are not subjected to ill treatment or intimidation
as a consequence of communicating with the Committee pursuant to the Convention.
J. Reports on Complaints and Inquiry Procedures
The Committee shall include in its annual report a summary of its activities
under the complaints procedure and the inquiry procedure.
III. Relationship Between the Committee and National Mechanisms
In regard to the national mechanisms, the Committee shall:
a. Advise and assist States Parties, when necessary, in their establishment;
b. Maintain direct, if necessary confidential, contact with the national
mechanisms and offer them training and technical assistance with a view
to strengthening their capacities;
c. Advise and assist them in the evaluation of the needs and the means necessary
to strengthen the protection and promotion of the rights of persons with
disabilities;
d. Make recommendations and observations to the States Parties with a view
to strengthening the capacity and the mandate of the national mechanisms
for the promotion and protection of the rights of persons with disabilities;
and
e. 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, particularly organizations of persons with disabilities,
working toward the strengthening of the rights of persons with disabilities.
IV. National Plans of Action
States Parties undertake to ensure the full realisation of all human rights
and fundamental freedoms for all individuals within their jurisdiction without
discrimination of any kind on the basis of disability. To this end, States
Parties undertake to develop, periodically update, publish and make available
a national plan of action for the full, effective and equal enjoyment of
the human rights of persons with disabilities, which shall reflect the obligations
set forth in this Convention. Such national action plans shall be developed
in consultation with persons with disabilities and their representative
organizations.
V. National-Level Focal Point
1. Each State Party shall maintain, designate or establish within one year
after the entry into force of this Convention or its ratification or accession,
an independent national mechanism for the promotion and protection of the
rights of persons with disabilities at the domestic level. Where an independent
national mechanism already exists in the State party, its mandate shall
be extended to comply with this Convention. The national mechanism shall
be established in consultation with persons with disabilities and organizations
representing persons with disabilities and structured so as to facilitate
the involvement on an ongoing basis of persons with disabilities in the
formation of the national institution’s policies and processes.
2. The States Parties shall guarantee the functional independence of the
national mechanism as well as the independence of their personnel.
3. The States Parties shall ensure that the composition of the national
mechanism includes experts with a majority representation of persons with
disabilities and reflects equitable diverse cross-disability representation.
The national mechanism shall comprise an equal number of men and women and
the adequate representation of national ethnic, indigenous, and minority
groups.
4. The States Parties undertake to make available the necessary resources
for the functioning of the national mechanism.
5. The establishment, composition and operation of the national mechanism
shall be consistent with the Principles relating to the Status and Functioning
of National Institutions for Protection and Promotion of Human Rights (the
“Paris Principles”).
6. The competent authorities of the State Party concerned shall examine
the recommendations of the national mechanism and participate in dialogue
with the body on measures taken to implement the provisions of this Convention.
7. The national mechanism shall be granted, at a minimum, the powers to:
a. Draft and adopt its own rules of procedure;
b. 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;
c. Submit proposals and observations concerning existing or draft legislation;
d. Establish contacts with the Committee, to submit information to the Committee
and to meet with the Committee;
e. Conduct public awareness raising and other advocacy activities for the
promotion of the Convention;
f. Liaise with relevant non-governmental organizations, specialized agencies,
and UN bodies on issues related to the implementation of the Convention;
g. Build the capacity of disabled persons organizations and other members
of civil society; and
h. Hear any complaints or petitions or transmitting them to any other competent
authority within the limits prescribed by the law.
VI. Ombudsperson
1. There shall be a United Nations Disability Rights Ombudsperson (“Disability
Rights Ombudsperson”) assigned to this Convention, working closely with
the Committee.
2. The Disability Rights Ombudsperson should be located at the UN Office
of the High Commissioner on Human rights.
3. The Secretary-General shall appoint the Disability Rights Ombudsperson
in consultations with organizations representing persons with disabilities.
4. The Disability Rights Ombudsperson may recommend to the General Assembly
to request the Secretary-General to undertake on its behalf studies on specific
issues relating to the rights of persons with disabilities.
5. The Disability Rights Ombudsperson shall:
a) Participate in all United Nations activities related to disability;
b) Promote the full enjoyment of all human rights by persons with disabilities
by means of advocacy, awareness raising, the provision of technical assistance
and other appropriate activities;
c) Promote the implementation of the Convention by appropriate activities
at the international and national level, including by working with United
Nations human rights treaty bodies and other mechanisms to encourage them
to fully mainstream in their work, the human rights of persons with disabilities,
d) Represent a person with a disability or a group of such persons in submitting
a communication or complaint to the Committee;
e) Initiate national surveys and investigations on the conditions of persons
with disabilities;
f) Shall carry out such other functions as are conferred on the Office of
the High Commissioner on Human Rights and Division of Economic and Social
Affairs by the General Assembly;
g) Shall present an annual report on his or her work to the General Assembly
of the United Nations, and
i) Shall establish a clear link between the national monitoring structures
and the international monitoring mechanisms
VII. Conference of States Parties
1. There shall be a Conference of States Parties (hereinafter, "the
Conference"), which shall have the object to:
a) Evaluate the operation and status of this Convention;
b) Promote international cooperation and assistance in accordance with the
Convention;
c) Consider the recommendations and suggestions put forward by the Committee;
and
d) Elaborate a final report on the agreements reached at the Conference
and submit it to the Secretary General of the United Nations.
2. The first Conference shall be convened by the Secretary General within
a period of one year following the entry into force of this Convention.
Subsequent meetings shall be convened by the Secretary General every three
years, or whenever he or she deems necessary, and shall be held at the headquarters
of the United Nations.
3. The Conference shall establish its own rules of procedure which shall
inter alia, stipulate that:
a) Two thirds of the States Parties shall constitute quorum; and
b) Conference decisions shall be adopted by a majority of votes from the
members present.
4. States not Party to this Convention, specialized bodies and competent
agencies of the United Nations system, and disabled persons organizations,
regional and non-governmental organizations may be invited to attend these
meetings as observers, in accordance with the agreed rules of procedure.
5. The Secretary General shall provide the resources, personnel, and services
required to hold the Conferences of States Parties.
JOINT
COUNCIL FOR THE PHYSICALLY AND MENTALLY DISABLED / HONG KONG COUNCIL OF
SOCIAL SERVICE
Article 25
Monitoring
National mechanisms should be appropriate established or strengthened to
ensure effective monitoring of the implementation of the Convention.