ADHOC COMMITTEE ON
AN INTERNATIONAL CONVENTION

PREFACE

Governments in the Asian and Pacific region have declared the extension of the Asian and Pacific Decade of Disabled Persons, 1993-2002, for another decade, 2003-2012. As policy guidelines for the renewed decade, the high-level intergovernmental meeting to conclude the Asian and Pacific Decade, held at Otsu, Shiga, Japan, October 2002, adopted the Biwako Millennium Framework for action towards an inclusive, barrier-free and rights-based society for persons with disabilities in Asia and the Pacific (BMF). BMF incorporates disability concerns into national policies and programmes to achieve the targets of the United Nations millennium development goals (MDG). The BMF identifies the following seven priority areas: (1) self-help organizations of persons with disabilities and related family and parental associations, (2) women with disabilities, (3) early detection, early intervention and education, (4) training and employment, including self-employment, (5) access to built environments and public transport, (6) access to information and communications, including information and communications and assistive technologies, and (7) poverty alleviation through capacity-building, social security and sustainable livelihood programmes.

The thrust of the new Decade is to fully implement the paradigm shift from a charity-based approach to a rights-based/human rights approach to the full range of disability concerns in the region. The goal of the Biwako Millennium Framework for action is to promote an inclusive, barrier-free and rights-based society for persons with disabilities in Asia and the Pacific. The BMF as a strategy to achieve its goal specifically urges Governments to consider supporting and contributing to the work of the Ad Hoc Committee on a Comprehensive and Integral International Convention on Promotion and Protection of the Rights and Dignity of Persons with Disabilities.

Out of the estimated 600 million people with disabilities in the world, 400 million live in the Asian and Pacific region and over 40 percent of them live in poverty. More often than not, they are among the poorest of the poor. Living conditions of persons with disabilities continue to be largely desperate, they are deprived of human rights enjoyed by other persons and discriminated against because of their disability.

Although disability-specific international documents exist, their non-binding status lacks strength of enforceability and certain areas have not been covered sufficiently. While legally binding human rights treaties have relevance to disability concerns, they are not disability-specific and have not been given enough attention.

In view of the above, UNESCAP supports Governments in the region to consider the establishment of a disability-specific and legally binding convention. UNESCAP, as the only region wide inter-governmental body, is in a position to take an active role to promote constructive discussion and movement toward enacting the convention.

UNESCAP is currently organizing the Regional Meeting and Workshop on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities in Beijing from 8 to 11 April 2003 to create regional unified support for the elaboration of the convention, with active participation of civil society organizations and human rights institutions. Recommendations of this meeting and workshop are expected to be presented at the second session of the Ad Hoc Committee on the international convention to be held at New York in June 2003. Thus, below is our preliminary proposal on the convention, following the indicated outline.

I. PROPOSALS FOR A POSSIBLE CONVENTION

1. Objectives of the convention

1. Recognize that persons with disabilities are entitled to the full range of rights, which are principally guaranteed in the United Nations Charter on Human Rights and delineated in the six core human rights treaties.
2. Manifest the paradigm shift from a charity-model approach to disability to a human rights approach to disability concerns
3. Ensure rights-based development for persons with disabilities.

2. Principles to be embodied in the convention

1. Reaffirm that persons with disabilities enjoy the same range of human rights as persons without disabilities.
2. Ensure non-discrimination and equal opportunity. Acknowledge that lack of provision of accommodation and/or positive actions to eliminate barriers is a form of discrimination.
3. Acknowledge that fulfilling basic needs of persons with disabilities (i.e., nutrition, clean water, sanitation, poverty alleviation, social security, education and employment) is realization of essential socio-economic rights. Ensure rights-based development.
4. Ensure that principles of non-discrimination and equal opportunity apply to persons with disabilities, without any distinction of kind and degree of disability, gender, socio-economic and national status of a person.
5. Ensure participation of all stakeholders in monitoring and review processes, first and foremost, persons with disabilities, their organizations, and human rights organizations.

3. Scope of the convention

The convention should cover civil, cultural, economic, political and social rights of persons with disabilities.

4. Definition

1. Definition of disability may be based on the International Classification of Functioning, Disability and Health (ICF).
2. Disability is not just a medical diagnosis of a person. Environmental and social factors greatly influence disability experienced by a person.
3. Disability includes physical, sensory, intellectual and psychiatric disabilities. Disability can be multiple, permanent, temporary and perceived.

5. Elements of the convention

1. Universality of rights of persons with disabilities
2. Definition of disability
3. Definition of discrimination based on disability
4. State Parties Obligations in applying the convention
5. Delineation of rights specific to persons with various disabilities
6. Mentioning of relevance to existing six core human rights treaties
7. Procedure for remedies enjoyed by individuals

6. Monitoring and Evaluation mechanism of the implementation of the convention.

1. Governments should submit self-evaluation reports periodically, and civil society participation in the report should be mandated.
2. The convention should establish an expert committee, composed of persons with various disabilities to monitor and evaluate it.
3. Monitoring and evaluation mechanism of the implementation of the convention should accord with other United Nations treaties.

7. Mode of negotiation of the convention-Formation of a working group and/or consultative group

Civil society's active involvement is indispensable in the process. In our region, a task force on the convention has already been formed within the Thematic Working Group on Disability-related Concerns (TWGDC), which is a regional mechanism to fulfill the targets of the Biwako Millennium Framework, and participated in by Governments, the United Nations bodies and agencies and NGOs.

II. VIEWS ON THE COMPLEMENTARITY BETWEEN A NEW INSTRUMENT AND THE EXISTING INTERNATIONAL INSTRUMENTS

We support the multi-track approach where we strengthen implementation of the existing international instruments from a disability perspective while pursuing a new disability-specific instrument. The new instrument will promote the social and legal visibility of disabled persons rights while strengthening value of, and complementing the existing instruments. The existing ones will solidify moral and legal support for the new one.

1. Monitoring and Evaluation of the implementation of the World Programme of Action concerning Disabled Persons

The World Programme of Action transformed the disability issue from a "social welfare" issue to one of integrating the human rights of persons with disabilities into all aspects of development processes. The goal of the World Programme of Action is the full participation and equality of disabled persons, with three main objectives addressing prevention of causes of disability, rehabilitation, and the equalization of opportunities. Equalization of opportunity refers to the process of enhancing accessibility to the general system of society. It focuses on the rights of individuals with disabilities and their inclusion in all sectors of society.

The World Programme of Action has been the major impetus for the implementation of the United Nations Decade of Disabled Persons, 1983-1992, as well as the Asian and Pacific Decade of Disabled Persons, 1993-2002. The fourth review and appraisal of the World Programme of action, carried out every five years, will be completed this year. As the World Programme of Action provides policy guidelines for States, its implementation has been slow. Therefore when an international convention on the rights of persons with disabilities has been adopted, the implementation of the World Programme should be significantly enhanced. Regular review of the World Programme would be also expected to help monitoring and evaluation of the international convention.

2. Monitoring and Evaluation of the implementation of the Standard Rules on Equalization of Opportunities for Persons with Disabilities

The Standard Rules have played a major role in promoting rights of persons with disabilities and gave impetus to establishment of national legislation around the world. A panel of experts composed of persons with disabilities and the special rapporteur system established under the Standard Rules has been significant in promoting and monitoring the rights of persons with disabilities. Their recommendations call for a new thematic instrument that can complement areas not sufficiently covered by the Rules, such as adequate standard of living, housing, violence, abuse and issues related to persons with intellectual disabilities and psychiatric disabilities.

3. Monitoring and Evaluation of the implementation of the existing international legal instruments, especially human rights instruments

While the six core human rights treaties do not mention disability per se (except the Convention on the Rights of the Child), they are relevant to disability rights. General comments 5 on the Committee on Economic, Social and Cultural Rights provides an overall summary of the situation of persons with disabilities in the world, and calls for governments to establish anti-discrimination laws and to address issues of persons with disabilities in employment, social security, education, women's issues etc., Disability is specifically mentioned.

However, monitoring bodies have tended not to pursue disability rights per se because they have to cover many other issues and the importance of doing so has not

been recognized. Similarly, civil society organizations in the disability field are not able to involve themselves fully in the monitoring or reporting processes. Thus, a new thematic instrument will overcome these weaknesses.

4. Elements to be incorporated into the convention from the work done in the implementation of the World Programme of Action concerning Disabled Persons and the Standard Rules on Equalization of Opportunities for Persons with Disabilities and the existing human rights instruments.

As said in 1 to 3, positive aspects of each document should be strengthened and incorporated, while weaknesses of each document should be overcome and superseded with clear and enforceable elements in the new convention. Areas not sufficiently covered under each document should also be incorporated into the new convention.

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