Following are reports from United Nations (UN) Ad Hoc Committee meetings regarding the UN Convention on the Rights of People with Disabilities.
Outcomes from the Seventh UN Ad Hoc Committee Meeting
Brief report from the 7th session of the Ad Hoc Committee towards a UN Convention on the Rights of People with Disabilities
Three weeks of intensive negotiations at the 7th Ad Hoc Committee meeting towards a UN Convention on the Rights of People with Disabilities were completed on Friday, February 3. More than 400 representatives from governments and leading disability organizations from around the world attended the session. The International Disability Caucus (IDC), the umbrella group of some 65 NGOs and disability organizations, played a crucial role as did the UN agencies and National Human Rights Institutions.
The Chair of meeting, Ambassador Don MacKay of New Zealand, concluded a second full reading of all articles, which was a huge task in light of the complexity of this Convention. Ambassador MacKay’s closing remarks can be found at the UN Enable website: http://www.un.org/esa/socdev/enable/rights/ahc7chairclose.htm
In his final summary, Ambassador MacKay divided the articles into three groups:
- no significant issues remaining
- some issues remaining
- difficult issues remaining
Two articles on which RI has been particularly active — Article 9 on accessibility, and Article 27 on work and employment — fall under the first category since there was general agreement on the text. The understanding is that mainly editorial adjustments will be made on these articles.
The second group of articles includes Article 24 on education, on which the chair noted that there seems to be a paradigm shift towards an inclusive education approach. Regarding Article 26 on habilitation and rehabilitation, the chair suggested that the paragraph to training should be moved to Article 4, which is on the General Obligations under the Convention. This makes the reference to training stronger and should not be controversial. There was also no consensus on international cooperation (article 32), with the facilitator’s text calling for appropriate measures between and among States, including technical and economic assistance, in support of national efforts to realize the goals of the convention.
In the group of articles with difficult issues remaining, Article 25 is of particular importance to RI. The controversial issue is the reference to “sexual and reproductive health services”. The European Union and the IDC, among others, advocate that people with disabilities should have the same right to sexual and reproductive health as other groups while some Arab states, the USA, the Holy Sea and anti-abortion groups are against such a reference in this article.
Ambassador MacKay mentioned two other articles in this third group: Article 12 on equal recognition as a person before the law and Article 17 on protecting the integrity of the person. The crucial issues are the rights of people who are unable to take care of themselves or are perceived to be unable to do so and measures states should be allowed to exercise under such circumstances. The EU together with Canada, Australia, Norway, Costa Rica, USA and Liechtenstein put forward a text where they tried to meet the demands of disability groups, but the IDC did not find the text acceptable.
There was still no draft on international monitoring (Article 34), and Amb. MacKay asked participants to reflect on the membership and powers of the committee that would monitor implementation of the treaty, as well as the possibility of establishing other bodies and processes. Addressing the Committee on 27 January, UN High Commissioner for Human Rights Louise Arbour noted that existing standards and mechanisms had failed to adequately protect persons with disabilities, and it was clearly time that the UN remedied that shortcoming.
For the first time, six children and young people with disabilities — from Bangladesh, China and the United Kingdom — addressed the Commission on 18 January, urging participants to address the exclusion and neglect of an estimated 150 million to 200 million children with disabilities around the world. Delegates, however, did not reach agreement as to whether there should be separate articles on women and children with disabilities, or whether provisions on women and children should be included in relevant articles throughout the convention.
RI continued to facilitate Daily Summaries of the formal negotiations which can be found on RI’s website: www.riglobal.org as well as on the UN Enable website: http://www.un.org/esa/socdev/enable/rights/ahc7summary.htm
In addition to the formal meetings, AHC7 featured many side events organized by disability organizations, UN agencies and governments. RI was involved in hosting four side events on the following topics: raising the voice of children and young people with disabilities; HIV/AIDS, poverty and disability rights; implementation of the UN Convention; and promoting disability rights through the media — all of which were well-attended and involved RI members, legal experts and partner organizations. A documentary film entitled “39 Pounds of Love” was also shown on one evening.
The next meeting of the Ad Hoc Committee will be held from August 14 – 25, one week later than previously reported. Immediately following this session, RI will host a seminar on the next steps for governments, UN and its agencies and civil society once the Convention is adopted, to take place in New York on August 26. The next RI Governing Assembly will also take place in New York, from August 27 – 28. More information about these meetings will be sent shortly.
Outcomes from the Fourth UN Ad Hoc Committee Meeting
The fourth session of the UN Ad Hoc Committee met August 23 – September 3, 2004, to continue the negotiations to draft a new human rights convention for people with disabilities. The first several days were spent completing the first reading of the draft text begun during the third Ad Hoc Committee meeting, with UN Member States and NGOs commenting on the structure and title of the convention, as well as the definitions and monitoring articles. Following completion of the first reading, the members of the Ad Hoc Committee spent the remainder of the week reflecting upon the suggested amendments to the draft treaty text that had been made during the first reading. (The proposed amendments made during the third session of the Ad Hoc Committee are available at: http://www.un.org/esa/socdev/enable/rights/ahc3reporte.htm. The Working Group draft text which forms the basis for negotiations is available at: http://www.un.org/esa/socdev/enable/rights/ahcwgreportax1.htm.)
The second week saw the commencement of a process of informal discussions to synthesize the large number of proposed amendments to the treaty text. NGOs are not typically permitted to attend such informal sessions of bodies of the General Assembly, but thanks to a last minute agreement reached by the UN Member States, NGOs were permitted to observe the discussions, though they did not have the right to speak. Ambassador Don Mackay of New Zealand (Coordinator of the Working Group that produced the draft treaty text in January), agreed to act as Coordinator of the informals, and worked closely with different country facilitators for the articles discussed. The process moved much more slowly than originally hoped, and only Articles 4, 5, 6, and 7 were addressed in varying degrees of depth. Ambassador Mackay’s summary of the informal discussions can be viewed in Annex IV of the report of the fourth session of the Ad Hoc Committee, available at: http://www.un.org/esa/socdev/enable/rights/ahc4reporte.htm.
A development of particular note during the fourth session was the increased interaction of the United States delegation. Still working within the administration’s current position that the United States will neither sign nor ratify the finished treaty, the delegation nevertheless contributed to the work of the Ad Hoc Committee. Bolstered in numbers by the addition of DHHS Commissioner Pat Morrissey to the team, the US delegation gave interventions on several draft articles, and also held NGO briefings and organized a panel discussion on “Civic Access for Persons with Disabilities.”
It is anticipated that the informal discussions will continue at the fifth session of the Ad Hoc Committee. Dates for this session have yet to be decided, but at this stage it appears likely that the session will begin sometime in late January. UN Member States are still negotiating how many weeks of meetings to hold in 2005 – many States wishing to complete the final text for adoption at the Millennium Goals Summit in September 2005 are supportive of holding at least 6 weeks of meetings.
Resources:
The following resources may be of assistance to those wishing to follow and participate in the work to elaborate a new human rights convention for people with disabilities.
UN DESA website hosting the work of the Ad Hoc Committee: http://www.un.org/esa/socdev/enable/rights/adhoccom.htm.
Disabled Peoples’ International convention resources – including the monthly Convention-YES! newsletter: http://www.dpi.org/en/resources/topics/topics-convention.htm.
Worldenable – including the Daily Summaries, a reporting service covering the discussions of the Ad Hoc Committee and Working Group: http://www.worldenable.net/rights.
Outcomes from the Third UN Ad Hoc Committee Meeting
(Report from Rehabilitation International (RI) correspondent)
The third meeting of the UN Ad Hoc Committee took place from May 24-June 4, 2004 in New York, and more government delegations and NGOs participated in this meeting than in previous meetings. Several delegations showed strong support for the need for a convention as well as for the right for disability organizations to participate in the negotiations. More than 40 governments and 10 NGOs made interventions. The European Union (EU), representing 25 countries as of May 1, offered solid support for many of the issues raised by the disability community, such as the need for a separate article on habilitation/rehabilitation. However, there were some issues on which the EU and the disability community had differing opinions. While the disability community advocated for closing institutions for people with different kinds of disabilities, the EU’s view is that there is still a need for institutions in particular circumstances.
The Ad Hoc Committee discussed all 24 articles prepared at the UN Working Group in January, in addition to a text on development cooperation and the preamble. Daily updates on the negotiations were prepared by Landmine Survivors Network (LSN) and distributed to governments and NGOs. Updates are available at www.un.org/esa/socdev/enable/rights/ahc3summary.htm.
RI played a leading role in negotiations regarding the text of various articles such as General Obligations, Equality and Non-Discrimination, Accessibility, Personal Mobility, Health and Rehabilitation and Development Cooperation. RI managed to create understanding for the need for a separate article about habilitation and rehabilitation, distinct from an article on the right to health. Suggestions by governments were included in the final document from the meeting while suggestions from NGOs were not. It was therefore necessary for NGOs to discuss specific suggestions with “friendly” governments.
The Bureau held several discussions about the procedure for the final days of the third meeting of the Ad Hoc Committee as well as for the fourth meeting taking place August 2 -September 3, 2004. The Bureau is composed of a representative from each of the following regions: Ecuador, chair person Ambassador Luis Gallegos representing the Latin American and Caribbean States; South Africa representing the African region; The Philippines representing the Asia Pacific region; Sweden representing Western Europe and others; and the Czech Republic representing Eastern Europe.
Given the fact that the fourth meeting of the Ad Hoc Committee may include a series of informal consultations, which are open only to Government delegations, NGO participation became a crucial issue. Opposition against participation by NGOs was raised by several countries in Africa and by some countries in Asia, and it was not possible to come to an agreement. RI urges member organizations in Africa and in Asia to be in touch with governments to encourage them to support the convention and understanding the need for disability organizations to play an active role the negotiations. The phrase “Nothing about us - without us” was echoed among several disability leaders.
The final document can be found at www.un.org/esa/socdev/enable/rights/ahc3mod4june.
Outcomes from the Second UN Ad Hoc Committee Meeting
(Report from USICD correspondent)
The second meeting of the UN Ad Hoc Committee, tasked by the UN General Assembly with “considering proposals for a comprehensive and integral convention on the rights and dignity of persons with disabilities,” was held from June 16-27, 2003. Early in the meeting, it was clear there was consensus among States that 1) the Committee should proceed with the development of a convention on the rights of people with disabilities and 2) it should be a human rights convention. The Committee appointed a working group to develop a document based on existing draft texts, position papers and commentaries submitted by governments, experts, National Human Rights Institutions (NHRIs) and non-governmental organizations (NGOs). After much discussion, it was decided that the working group would be comprised of 27 governmental representatives (divided among the five UN Regions), 12 NGO representatives (chosen by and from among those NGOs accredited to the Ad Hoc Committee) and one representative from an NHRI. The working group will deliver a draft text to the Ad Hoc Committee for consideration at its meeting next summer and dissolve once this task has been completed.
The battle for NGO inclusion on the working group was hard fought. Participation from the disability community in the treaty process has been very strong and well coordinated. An organized Caucus structure with a Steering Committee and Regional Representatives has been developed by NGOs to ensure the disability community is well represented and, more importantly, to speak with a unified voice on inclusion of people with disabilities in all stages of the convention process. Named the International Disability Rights Caucus, membership includes 12 NGO seats, with one seat each given to the seven International Disability Alliance members and five self-selected regional representative seats from the Americas, Europe, Africa, West Asia, and Asia/Pacific.
At the Ad Hoc Committee meeting the U.S. government declared that, although it does not plan to support such a convention, it will not oppose one. Furthermore, it will be available to the Ad Hoc Committee to contribute its technical expertise and share its deep knowledge of disability issues. USICD and the American Association of People with Disabilities (AAPD) sent a joint letter to President George W. Bush and Secretary of State Colin Powell voicing disappointment in the U.S. government’s position and its lack of consultation with the disability community in formulating it. Attendees were aware that the official U.S. government position toward the convention was not reflective of the views of the U.S. disability community.
Key USICD board and staff members participated at various times in the Ad Hoc Committee meeting, appreciating the depth of the international disability community and of the Ad Hoc Committee process itself. USICD’s involvement builds on the excellent work of our Immediate Past President, Rosangela Berman-Bieler, at the first Ad Hoc Committee meeting. USICD should be well positioned to play a more visible role among NGOs, especially as a leader in the region. In addition, through persistent contact with the U.S. delegation during the two-week meeting, USICD firmly established itself as the key contact point for the U.S. government on convention-related issues, along with USICD members AAPD and the Center for International Rehabilitation (CIR).
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