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Back to: Third Session | Draft Article 25 Comments on the draft text Download complete compilation of comments: MS Word
EDF considers that the Convention needs to include strong monitoring mechanisms, both at national as well as at international level. The UN Standard Rules and its proposed supplement could be taken into account in the national implementation and monitoring framework. To ensure that the rights included in the Convention become a reality, disabled people and their organisations need to have easy access to instruments at national level which they can use to enforce the implementation of the Convention. Special attention needs to be given to the monitoring of these obligations which will be subject to progressive realisation. As stated previously, there has to be an obligation on States to establish, in consultation with representative disability organisations, a reasonable timeframe for the implementation of these measures and States will be obliged to respect this timeframe. The role of the representative organisations of disabled people is vital in this process and they must be integral part in any implementation and monitoring framework to be established. EDF strongly supports the different actions such an implementation and
monitoring framework should undertake, as highlighted in footnote 114,
namely: A new paragraph should be added which obliges the State to undertake a nation-wide information campaign on the content of this Convention, with specific attention to the different key target groups (employers, education providers, healthcare providers, etc..). New article on international monitoring EDF is aware of the current process within the United Nations to review the way the existing international Conventions are being monitored. EDF strongly believes that the forthcoming Convention should in no way have lower provisions than the current Conventions. This would include the establishment of a Committee, composed by a majority of disabled people (including the Chair) from both developed and developing countries, equal participation of women and men and representing the different impairment groups. The Committee would receive periodic national reports, be able to initiate inquiry procedures, as well as receive individual and group communications. The participation of the representative international organisations of disabled people in this process also needs to be ensured. The issue of monitoring is critical to the usefulness of a new Convention. Many human rights commitments exist for people with disabilities but the lack of mechanism for monitoring their implementation has resulted in poor progress towards their realization. The fact that the working group could not agree on monitoring is symptomatic of the problem of implementation. Indian NGO Consultative Meeting The participants strongly recommend provision of an international and national mechanism for monitoring and redressal of individual complaints. They note that under existing Treaties, such systems are in place, though an effort is underway for stream lining these procedures. Therefore a proposal to this effect should be concretised after the UN has taken a final view. However the participants recommend inclusion of the provisions outlined in Bangkok Draft regarding monitoring of the convention. The inclusion of this provision in the Working Group text reflects the now routine treaty practice to create obligations in relation to national legal implementation. Developments in the law of treaties in this regard recognize that the primary responsibility for implementation lies with states. The article is a substantially shortened version of the original text considered for inclusion by the Working Group. Footnote 112 references the subject of international monitoring which the Working Group did not consider in any detail and notes some disagreement among members on the subject of international monitoring. It is noteworthy that all principal international human rights conventions do create international monitoring mechanisms within the framework of the treaties. The absence of any such framework within a convention on the rights of persons with disabilities would represent a significant departure from international human rights treaty practice, and a weakening of this convention. Footnote 113 indicates that the Working Group was unable to undertake detailed drafting of this provision, and references the on-going UN review of existing human rights treaty monitoring. Some Working Group members felt that whilst the treaty reform process should be taken into consideration, the Ad Hoc Committee should certainly not wait for that process to be completed. Footnote 114 references possible functions for national human rights monitoring institutions, drawn from the Paris Principles which provide detailed and highly relevant guidelines on the operation of national institutions. An explicit reference to the Paris Principles was deleted from an earlier draft of Article 25. (Cf. Paris Principles on National Institutions for the Promotion and Protection of Human Rights, GA Res. 48/134 (20 December 1993); Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Articles 17-20) National Implementation Framework could be used as national plans but should not replace an International Monitoring Mechanism. The UN Standard Rules on Equalisation of Opportunities for Persons with Disabilities, together with its supplement could serve as a monitoring tool and as a national framework. International Monitoring Mechanisms Other conventions can be of help and support for finding suitable texts. However, the IDA members have drafted a suggestion to make it possible to start up the discussion. More on An International Monitoring Mechanism World Network of Users and Survivors of Psychiatry WNUSP urges the addition of a requirement that the national implementation framework and designation of a focal point for implementation of the convention be developed in close consultation with persons with disabilities and their representative organizations, conforming to the similar provision in article 4(2) for development of policies and legislation to implement this Convention. |