DPI Disability Convention Daily Update: August 1, 2005 (Day One)
6th Session of the Ad Hoc Committee on the Rights and Dignity of Persons with Disabilities
The 6th Session of the Ad Hoc Committee opened today in Conference Room 4 at UN Headquarters in New York. The recent heat wave in New York City, where temperatures and humidity levels soared last week, subsided as governments and NGO delegates alike prepared for a very intensive fortnight of negotiations.
NGO preparations for the negotiations began on Sunday, July 31. Venus Ilagan, Chair of DPI and DPI Head of Delegation to the Ad Hoc Committee, as well as DPI representatives from numerous regions, attended a pre-session strategy meeting with members of the International Disability Convention Caucus.
NGO representatives arrived early at UN Headquarters on Monday morning to register for the 6th Session. By 10:00 am today, the official starting time, NGOs were already filing into the conference room. The registration process was somewhat more streamlined than usual, and the session officially opened at approximately 10:15.
Ambassador MacKay of New Zealand assumed the Chair of the Ad Hoc Committee and addressed a number of procedural issues. The Ad Hoc Committee adopted the agenda for the meeting as well as the organization of work, which is to consider Articles 15 – 25. Of particular significance, Ambassador MacKay emphasized the need to proceed as expeditiously as possible, noting that while much progress has been made, much more needs to be completed before an international convention is adopted. He observed that every day in which a convention is not completed represents a day in which people with disabilities around the world do not have the benefit of an important tool to advance their human rights. While he urged that the Committee proceed with progress on the convention, he noted that considered discussion was important, and that the Committee should not rush consideration of issues.
Ambassador MacKay repeated what has become something of a mantra, namely, that “nothing is agreed until everything is agreed” and that no government is locked into a position at this stage. He also noted that “the perfect is the enemy of the good,” and so delegations should avoid submitting amendments purely for the sake of wordsmithing.
The Chair confirmed his intention to proceed with consideration of Article 15, then 24bis, then 15bis, then 16 through 25. He further stated that the Committee would address, time permitting, outstanding issues. He noted that the Committee would consider articles in informal consultations in which governments may participate, and also noted that he would break into plenary session after each article to provide NGOs with the opportunity to share their views.
The rest of the morning session was devoted to discussions around draft Article 15 (Living Independently and in the Community). There was some attention devoted to the question of whether some of the more detailed provisions in Article 15 should be subject to progressive realization. Other attention focused on whether to retain the provision stating that persons with disabilities are not obliged to live in an institution, with many governments stating that this point was already covered by the language in the article expressing the right of people with disabilities to choose where and with whom to live.
During the lunchtime break, members of the DPI delegation attended several side events including: (i) EU Presidency Briefing for NGOs, hosted by the UK delegation; (ii) a panel sponsored by the International Labour Organization on “Decent work and training for people with disabilities”; and (iii) a panel discussion hosted by the Irish Human Rights Commission, on behalf of the European Grouping of National human rights institutions entitled, “Towards an Innovative Monitoring Mechanism for the Convention”.
The afternoon session resumed discussion of Article 15. NGOs were given the opportunity to take the floor, and a number did so, underscoring the importance of the article in the overall convention and making powerful statements about the role of this article in furthering inclusion, integration and full participation. DPI Chair, Venus Ilagan, intervened on behalf of DPI (this intervention may be found on the DPI website). She emphasized the need for States to ensure that people currently living in situations of confinement are supported in their transition to community living, an issue not currently addressed in the draft text.
Thereafter, during the afternoon session, the Chair resumed informal consultations on Article 24bis (International Cooperation). The UK, speaking on behalf of the EU, clearly rejected the inclusion of an article on international cooperation. This is so notwithstanding the fact that many countries within the EU have already sought to ensure that their foreign assistance programs take disability issues into account. The UK expressed concern that an article on international cooperation could be used as an excuse by countries for non-implementation of the convention, on the basis that the failure to receive assistance could absolve a country of failing to meet its obligations. The Chair noted that this concern could be easily addressed by the inclusion of a provision that under no circumstances is the concept intended to absolve states of their convention obligations. Many countries emphasized the importance of international cooperation for the implementation of the convention. The Chair opened a plenary session to allow NGOs to speak, which they did, expressing overwhelming support for the inclusion of international cooperation in the convention, and effectively rejecting the EU position.
The meeting adjourned at 6pm, with DPI delegates heading to the International Disability Caucus Steering Committee meeting, and others proceeding to attend a reception held by the government of New Zealand. Negotiations resume tomorrow.
2005-08-03 00:00:00
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