Summary of the Disability Convention Process
In December 2001, on a Mexican initiative, the General Assembly adopted resolution 56/168, by which it established an Ad Hoc Committee, open to the participation of all Member States and observers to the United Nations, to consider proposals for a comprehensive and integral international convention to protect and promote the rights and dignity of persons with disabilities.
This resolution also called upon States, in cooperation with regional commissions, the United Nations High Commissioner for Human Rights, the Division for Social Policy and Development and the Special Rapporteur on disability of the Commission for Social Development, to hold regional meetings and seminars to contribute to the work of the Ad Hoc Committee.
In June 2002, the Government of Mexico organised, with the support of the UN Department of Economic and Social Affairs (DESA) and the sub-regional office in Mexico of the Economic Commission for Latin America and the Caribbean (ECLAC), an Inter-regional Expert Group Meeting to discuss issues related to the new proposed convention on the rights and dignity of persons with disabilities.
First session of the Ad Hoc Committee
The Ad Hoc Committee of the General Assembly held its first session at United Nations Headquarters (New York) from 29 July to 9 August 2002, with the Department of Economic and Social Affairs (DESA) acting as the substantive secretariat. The Ad Hoc Committee elected Ambassador Luis Gallegos (Ecuador) as chairperson, and representatives from Philippines, South Africa and Sweden as vice-chairpersons.
72 States participated in the first session of the Ad Hoc Committee. Among United Nations specialised agencies, the International Labour Organisation (ILO) and the Regional Office for the Americas of the World Health Organisation (PAHO) were represented. Several NGOs including the major international disability NGOs also attended the session. With regard to the participation of persons with disabilities in the Ad Hoc Committee, the General Assembly adopted decision 56/474 requesting the Secretary-General to make as needed and within existing resources reasonable efforts to facilitate the participation of persons with disabilities in the work of the Committee.
The first session of the Ad Hoc Committee focused on procedural issues.
Following up to General Assembly resolution 56/510 , on the NGO accreditation to the Ad Hoc Committee, the Ad Hoc Committee adopted a decision on the modalities of the participation of accredited NGOs according to which accredited NGOs may attend any public meeting, make statements (by selecting when time is limited spokespersons from among themselves) and receive copies of the official documents. The Ad Hoc Committee also decided to extend an invitation to participate in its future sessions to national human rights institutions and other entities (i.e. regional commissions, United Nations bodies and mechanisms, experts, national disability institutions).
Discussions in the Ad Hoc Committee also focused on such preliminary issues as (i) the need for a new legal instrument specifically devoted to persons with disabilities, (ii) the nature and scope of the proposed new convention, (iii) the type of legal instrument to be adopted, and (iv) its interrelation with the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and the other existing human rights instruments.
There seemed to be a general consensus among States and experts on the desirability of a new instrument on the rights and dignity of persons with disabilities.
Only a few delegations expressed a definite preference on the nature of the instrument under discussion. However, several options were proposed, including:
Elaborating a comprehensive human rights treaty, including civil, cultural, economic, political and social rights to be tailored to the specific situation and the particular needs of persons with disabilities;
Adopting an instrument focusing on general human rights principles particularly relevant in the context of disability, such as equality and non-discrimination (as well as dignity, autonomy, reasonable accommodation, special measures and full participation);
Elaborating a holistic convention, i.e. a comprehensive and integral international convention addressing not only the human rights dimension of the issue of disability, but also other related issues with a particular emphasis on social development and international co-operation; and
Considering optional protocols to existing human rights treaties drawing out their particular relevance in the context of disability.
With regard to the issue of complementarity with existing instruments, there seemed to be a general acknowledgement on the important role played by the United Nations Standard Rules in the promotion and protection of human rights of persons with disabilities. Several delegations and NGOs also affirmed in conformity with the multi-track approach suggested by the Special Rapporteur on disability and endorsed by OHCHR that the process of adopting a new thematic instrument should develop in parallel with the integration of a disability perspective into the activities of treaty-monitoring bodies and with updating the Standard Rules.
In its resolution 57/229, the General Assembly decided that the Ad Hoc Committee should hold at least one meeting in 2003 of a duration of ten days, prior the fifty-eight session of the General Assembly, and encouraged States in co-operation with the Division for Social Policy and Development of the Department of Economic and Social Affairs of the Secretariat, the Office of the United Nations High Commissioner for Human Rights, the Special Rapporteur on disability of the Commission for Social Development, and non governmental organizations to hold meetings or seminars to contribute to the work of the Ad Hoc Committee.
The resolution invited the Secretary-General to seek the views of States and relevant bodies and organisations of the United Nations system (including relevant human rights treaty bodies and the Special Rapporteur) on proposals for a convention, and requested the Secretary-General to submit to the Ad Hoc Committee at its second session a comprehensive report on the views submitted.
The resolution also invited regional commissions and intergovernmental organisations, within their respective mandates, as well as non-governmental organisations, national disability and human rights institutions, and independent experts with interests in the matter, to make available to the A Hoc Committee suggestions and possible elements to be considered in proposals for a convention.
Second session of the Ad Hoc Committee
The Ad Hoc Committee on a comprehensive and integral international convention on protection and promotion of the rights and dignity of persons with disabilities held its second session at the United Nations Headquarters (New York) from 16 to 27 June 2003.
87 States participated in this session , and many of them included in accordance with para. 13 of General Assembly resolution 57/229 persons with disabilities in their delegations. Several NGOs including the major international disability NGOs and some of the major human rights NGOs and 10 national human rights institutions also attended this session. With regard to intergovernmental organisations, ILO, WHO, the World Bank and the European Commission were represented in the Ad Hoc Committee session.
During the first week, the Ad Hoc Committee held a general debate on the proposed new convention, including its nature and structure, the elements to be considered, monitoring mechanisms and complementarity between a new convention and existing instruments. To facilitate exchange of ideas and experiences, the Bureau organised three panel discussions with independent experts. The second week was mainly devoted to informal consultations.
There is now a broad consensus on the adoption of a new convention . Furthermore, there is consensus on the need to strengthen existing human rights mechanisms and the UN Standard Rules on Equalisation of Opportunities for Persons with Disabilities. Several States referred to the OHCHR-commissioned study on human rights and disability as an important tool to strengthen the treaty bodies attention on the issue of disability.
No agreement was reached on the type of convention to be adopted.
The Ad Hoc Committee adopted a decision by which it established a working group to prepare a draft text which would be the basis for negotiation in the next session of the Ad Hoc Committee. The working group will comprise 27 governmental representatives designated by the regional groups, 12 representatives of NGOs (especially organisations of persons with disabilities), and 1 representative of national institutions. The working group will meet inter-sessionally in the United Nations Headquarters in New York for one session of ten working days early in 2004.
In its report to the General Assembly, the Ad Hoc Committee also recommended that its third session be held in New York in May/June 2004. The exact dates will be decided once the General Assembly adopts a resolution concerning the future work of the Ad Hoc Committee (October-December 2003).
2008-02-19 00:00:00
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