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DISABILITY NEGOTIATIONS
DAILY SUMMARY
UNITED NATIONS SECRETARIAT, NEW YORK
Volume 1, #1
July 29, 2002
The Ad Hoc Committee on a Comprehensive and Integral International
Convention on the Protection and Promotion of the Rights and Dignity of
Persons with Disabilities convened its first session at the UN Secretariat.
These meetings are expected to last 2 weeks.
Morning Session
Opening Remarks were made by Mr. Nitin Desai, Under Secretary General of
Economic and Social Affairs who spoke on behalf of the Secretariat and the
Office of the Secretary-General.
Mr. Desai said that the programme on disabilities is “a test case” of the
commitment of the UN, as expressed in the Charter, the Universal Declaration
Human Rights, and the Covenants on Civil and Political Rights and Economic
and Social Rights. He elaborated on the evolving contributions made by the
UN in this area noting that every decade has seen a step forward. 1982 saw
the passing of the World Programme of Action Concerning Disabled Persons. In
1990, the Economic and Social Council authorized the Commission on Social
Development to initiate the work that culminated in 1993 in the non-binding
Standard Rules on the Equalisation of Opportunities for Persons with
Disabilities. The work of the Special Rapporteur on Disability, Mr. Bengt
Lindqvist, was also acknowledged with appreciation. During the UN Decade for
Disabled Persons from 1983 -1993 draft treaty texts were introduced in the
44th and 46th sessions of the GA, but the general feeling was that more
study was required. Now with the decade long advocacy of many governments
and non governmental groups behind it, Mr. Desai suggested that some of the
concepts developed through the 1982 World Programme and the 1993 UN Standard
Rules may perhaps need to be reflected in an International Convention.
These developments have been characterized by “a shift of focus,” from the
dimension which focuses on care, social welfare, medical support - which he
asserted were all truly important - to a focus on a rights framework, that
is necessary for the full participation of persons with disabilities in
economic, social and political life, and development on the basis of
equality. Each of these three developments represent an effort to move
further in this direction to emphasize the human rights dimension.
Mr. Desai acknowledged that the UN has had “the good fortune of strong
commitment of many large NGOs speaking for PWD who have been active
participants in all of the work of the UN, and most importantly, active
allies in promoting and pushing for this at the country level.”
“Our common endeavour is to protect and promote the rights of PWD….because
all of us lose when PWD are not able to function to full capacity.” Mr.
Desai expressed his hope that the UN marks yet another decade long advance
in promoting the rights of PWD that builds on the achievements of the past.
Following the adoption of the Agenda, the Committee proceeded to discuss its
Organization of Work. The Chair announced that while regional groups were
continuing their consultations over the election of their respective
candidates for the Bureau, the consultations over the new Chairperson of the
Ad Hoc Committee had been completed, and Ambassador Luis Gallegos, the
Permanent Representative of Ecuador, had been nominated for the post. The
Committee voted by acclimation to appoint Ecuador as the new Chair.
In his acceptance speech, the Ambassador affirmed his view that the
integration of persons with disabilities should be addressed by societies as
a whole, where this vulnerable group requires our special attention in a
social context. He noted the special efforts made by the President and the
First Lady of Ecuador as well as the efforts made by President Vincente Fox
and the government of Mexico at the national level. The Ambassador
concluded by assuring his availability for consultations or questions for
the next 2 weeks, both at the state level and also for NGOs “with whom we
are bound by a special relationship, and with many of them representing the
special cases that we are to deal with.”
The Chair then announced the Western European Group’s nomination of Ms.
Carina Martensson of Sweden as the Vice Chairperson of the Committee. As the
remaining regional groups had not yet decided on their respective
appointments for the Bureau, the Committee proceeded to General Debate.
Following prior consultations with other delegations, the Chair proposed the
following rules of procedure for this segment of the Committee process --
for each morning and afternoon session, a maximum of 12 statements by States
Parties of 10 minutes each, followed by statements of up to 3 NGOs. There
were no objections to this proposal from the floor and it was adopted. The
Chair requested Representatives to write their names down if they wished to
address the Committee.
General Debate then proceeded with Statements from Mexico, Denmark
(representing the EU) and Chile. Denmark stated that the EU would be willing
to accept an interim solution on NGO participation due to the existing
“specific situation” of a lack of time to accredit all NGOs before the
beginning of General Debate. The EU endorsed the Chair’s proposed solution
for NGO participation for the next 3 days. In addition, the EU recommended
that possibilities be explored enabling NGOs accredited after the 7 day
limit to have their views heard on “this very important subject” over the
current week. The EU hoped that this recommendation could be added to the
Chair’s proposal. In addition the EU “very much looked forward to a very in
depth discussion” on how the question of NGO participation in future
meetings of the ad hoc committee can be addressed. The EU supported “the
most full and most active participation of all interested NGOs” asserting
that “this is both important and necessary”.
The Chair responded that over the next 3 days of General Debate all
countries that have such recommendations will be consulted. On the question
of NGO participation the Chair stated that a meeting with NGOs at 1 pm will
be held to hear their views on this issue, and also suggested that at 2.30
every afternoon he would meet with NGOs informally for the same purpose.
The Representative from Mexico described his country’s role in initiating
the GA resolution that led to the current negotiations, and in convening a
meeting of experts and “the identification of a body of principles that
ought to guide the elaboration of the Convention as well as the rights and
obligations that should be contained therein”. [For more information on
these activities visit the Mexican govt’s website; for more information on
NGO participation in these activities see the Daily Bulletin published by
the CDG]. Mexico also introduced its working paper, [A/AC.265/1] which it
asserted reflected the outcome of discussions with “more than 40 experts
from all parts of the world”, and which it stated would be helpful in the
creation of a draft convention. Mexico assured the Committee that it was
“neither seeking nor claiming any kind of leadership” in this process, and
acknowledged that “it has much to learn from the experience of others.”
Mexico noted that the difficult situation of PWD in Mexico itself is a
reflection of this need for a Convention, where such problems are further
aggravated by poverty and ignorance. Mexico noted that an international
instrument would make it possible “to fully acknowledge the rights of PWD
and to provide more effective institutional care and attention for this
large group of people all over the world.” Mexico noted that its work in the
multilateral level is reflected in its efforts to improve its services and
programs at the national level.
Mexico was interested in a Convention that would take into account the
concerns of both developed and developing countries. Mexico cited figures
from the WHO that roughly 80% of PWD live in such countries where only 1% or
2% of this population have access to the services they require. “There are
evident disparities” he noted, adding that “the solution to this is the
responsibility of the entire international community.” Mexico stated “it
did not expect any country to reduce its existing standards,” but noted
that “the concern to provide a dignified life to PWD should become
universal, and we must reduce the gap in the quality of life that they have
both in the developed and developing countries.” To this end, “it will be
necessary to promote international cooperation with respect to experience,
knowledge and resources”.
Mexico called on states to “leave behind” discussions about whether this is
to be a framework on the promotion and protection of human rights in a
limited fashion or whether the objective is to promote social development.
Mexico asserted its support for a holistic convention that incorporated both
civil and political rights and economic, social and cultural rights.
Finally, Mexico acknowledged the individuals of civil society representing
PWD whose knowledge and experience was needed in the preparation of an
international instrument that was to benefit them. Mexico endorsed the July
23rd resolution [A/56] and hoped that the Committee “would show the
greatest possible openness in its deliberations.”
The Representative from Denmark spoke on behalf of the Members of the
European Union (EU), the Central and Eastern European countries associated
with the EU (Bulgaria, the Czech Republic, Estonia, Hungary, Latvia,
Lithuania, Poland, Romania, Slovakia, and Slovenia), Cyprus, Malta and
Turkey, and Iceland. The EU assured the Ad Hoc Committee that it would
receive the “full, flexible and active cooperation” of this group. The EU
hoped that the process would be “open and inclusive,” stating the “paramount
importance” it attached to the “full participation” of “relevant NGOs”. To
this end, the EU commended 2 General Assembly resolutions, on the
Accreditation and Participation of Non-governmental Organizations [A/56/510]
and on the Participation of Persons with Disabilities [A/56/L.83].
The EU stated that it would be guided by EU Council Directive 200/78/EC
which established a general framework for equal treatment for employment and
occupation and noted that 2003 has been proclaimed the “European Year of
People with Disabilities” in order to raise awareness of the need to prevent
discrimination against people with disabilities and promote their full and
equal enjoyment of their rights.
The EU called for the mainstreaming of the human rights of people with
disabilities in the existing UN human rights instruments, and to possibly
supplementing the Standard Rules on the Equalization of Opportunities for
Persons with Disabilities. The EU stressed that these approaches are not
mutually exclusive, and any new convention should not “undermine or
duplicate other international human rights rules or standards.” The EU
recognized the working paper submitted by Mexico, and hoped the Ad Hoc
Committee would consider this proposal in addition to other proposals. The
EU indicated that “at an appropriate stage during the meeting” it would
present a working document setting forth its position in more detail.
Chile recognized the Ad Hoc Committee process as an opportunity to further
contribute to the effort to achieve “greater equality of opportunities” and
promote “cultural and social changes for people who live with a disability.”
The development of a universal instrument “compatible with the juridical
heritage that comes from several regional instruments” is the natural next
step. Chile considers there to be a “tight relationship between human rights
and disability,” and that while this relationship falls within the greater
issue of the fight against discrimination, there are issues specific to the
human rights of people with disabilities that make the creation of a
specialized instrument desirable. In facilitating the capacity of states to
implement their obligations under the Convention Chile noted that a
“committee of experts must have an essentially educative function” in
facilitating policymaking, while allowing for the specific circumstances of
different societies.
Afternoon session
Croatia echoed the position of previous speakers calling for a “holistic”
convention. Both the Commission on Sustainable Development and the
Commission on Human Rights should be involved, keeping in mind that
approximately 10% of the world’s population are PWDs and 2/3 of them were
from the developing world. Ultimately, the primary responsibility lay with
states, and in this regard Croatia is faced with an increasing number of
PWDs as a result of war. Croatia wants “to transform rhetoric to real
action” and expressed the hope that this process will lead to concrete
recommendations. Croatia also acknowledged the draft currently put forth in
the Ad Hoc Committee and noted that in order to benefit from the experiences
of PWDs the Committee must discuss the appropriate modalities of
participation. “Our work is cut out for us.”
The representative from the Office of the High Commissioner for Human
Rights, Brian Burdekin also made a statement, as an observer to the
proceedings, expressing the High Commissioner’s full support for the work of
the Committee. He alerted the Committee to a comprehensive study
commissioned by the OHCHR on the human rights of people with disabilities
which would be available to all participants, including in Executive Summary
form. [for the full text go to www.unhchr.ch/html/menu6/2/disability.doc].
The High Commissioner described the resolution as “a landmark move” and
called for both National Institutions and NGOs to be able to contribute. Mr
Burdekin pointed out that up to now 50 states had established national
mechanisms promoting adherence to human rights, as called for by the OHCHR,
and that the promotion of the rights of the disabled should fall within
these responsibilities.
The afternoon session concluded with a statement from Norway - the last of
only 5 delegations to address the Committee on this first day - in which the
representative expressed the wish that he would have preferred to hear some
NGOs speak. Since, however “that has not happened” the representative stated
Norway’s position for “a realistic and enforceable convention” that is
consistent with existing body of human rights law and provides where
appropriate with a realistic means of implementation.
The Disability Negotiations Daily Summaries are published by the Landmine
Survivors Network, a US based international organization with amputee
support networks in six developing / mine affected countries. LSN staff and
consultants contributing to these summaries include and Zahabia Adamaly,
M.A. <[log in to unmask] >, Katherine Guernsey J.D.,
([log in to unmask]), and Janet E. Lord, LL.B, (editor)
([log in to unmask]).
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