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International Convention on the Rights of Persons with Disabilities

UN ESCAP/APDF Workshop on Regional Follow-up to the Third and Fourth Sessions of 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
Bangkok, Thailand, 11-12 October 2004

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UNITED NATIONS ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC

12.10.2004

Report[1]
UN ESCAP / APDF Workshop on Regional Follow-up to the Third and Fourth Sessions of 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

11-12 October 2004

CONTENTS

I. WORKSHOP OUTCOME

Joint Statement on proposed structure, elements and principles of a comprehensive and integral convention on the rights of persons with disabilities

II. PROCEEDINGS OF THE WORKSHOP

  1. Summary of presentations and discussions
  2. Report of working group sessions

III. ORGANIZATION OF THE WORKSHOP

  1. Background
  2. Attendance
  3. Opening of the workshop
  4. Adoption of the agenda
  5. Adoption of the Joint Statement
  6. Closing of the Workshop

ANNEXES

Annex I: List of participants
Annex II: Programme of the workshop
Annex III: Report of working groups

I. WORKSHOP OUTCOME

Participants in UN ESCAP / APDF Workshop on Regional Follow-up to the Third and Fourth Sessions of 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 (Bangkok, 11-12 October 2004) developed the “Joint Statement” on proposed structure, elements and principles of a comprehensive and integral convention on the rights of persons with disabilities” – herein after the ”Joint Statement” - and adopted a set of strategies to promote the process towards the International Convention.

The “Joint Statement” is a summary statement based on discussions and findings of in the four working groups of the Workshop.

The contents of the “Joint Statement” are as follows:

JOINT STATEMENT ON PROPOSED STRUCTURE, ELEMENTS AND PRINCPLES OF A COMPREHENSIVE AND INTEGRAL CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

(adopted on 11 October 2004)

We the participants, representing governments, non-governmental organizations and civil society met in Bangkok, Thailand from 11 – 12th October 2004 at the UNESCAP/APDF Workshop on Regional Follow-up to the Third and Fourth Sessions of 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:

  1. Reaffirmed the critical roles of partnership between governments, people with disabilities and their representatives, non-government organizations and civil society in realization of the goal of full participation and equality in a society that is inclusive of people with disabilities;
  2. Reviewed the process of elaborating and negotiating the draft convention by the Ad-hoc Committee and while expressing appreciation at the progress made so far, urges its conclusion in a timely and effective manner;
  3. Encouraged the continued active participation and inclusion of persons with disabilities and their representatives, non-government organizations and civil society in the on-going work leading to the adoption of the Convention, including being part of the government delegations to the Ad-Hoc Committee.

And in anticipation of the early adoption and ratification of the Convention, further encourage each government to direct a national action for timely and efficient implementation and monitoring of the Convention.

The group considered the following priority themes:

  1. Ratification/State Obligations/Application of the Convention;
  2. Monitoring mechanism at international, regional and national levels;
  3. Capacity building of self-help groups and international cooperation;
  4. Development of national legislatives and a comprehensive policy.

and recommends that special attention be given to international co-operation on building capacity, sharing of technical and human resources (including the development of international standards), effective evaluation of outcomes, and that all actions taken, be disability inclusive.

II. PROCEEDINGS OF THE WORKSHOP

A. Summary of presentations and discussions

Day 1

Opening Session

Under item I of the provisional agenda, Ms. Keiko Okaido, Deputy Executive Secretary of the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) inaugurated the Regional Workshop and delivered an opening speech of Mr. Kim Hak-Su, Executive Secretary of UNESCAP. (A summary of his remarks is presented in the summary of proceedings.). The President of the co-organizer of this workshop, the Asia-Pacific Disability Forum (APDF), Ms. Judy Wee delivered an opening message on behalf of the APDF (A summary of her remarks is presented in the summary of proceedings.).

Election of Officers

Under the item II of the provisional agenda, Workshop participants elected the following officers by acclimation:

Chairperson: Ms. Judy Wee (APDF)

Vice Chairperson: Mr. JB Munro (APDF) and Ms. Catelina Fermin (Philippines)

Rapporteur: Mr. Ryosuke Matsui (APDF) and Ms. Debra Wan (APDF)

Adoption of Workshop agenda

Under the Agenda Item III, the Chairperson invited the views of participants on the provisional agenda, which they adopted as the programme of work.

Statement by APDF

Under the Agenda Item IV, Mr. Ryosuke Matsui (Secretary General, APDF) provided introductory information about APDF. He stated that during the last Decade, annual Campaigns were held in various countries to raise public awareness of, and to mobilize support for, the Decade goals of full participation and equality of persons with disabilities. The annual Campaigns also provided a platform for persons with disabilities as well as non-disabled participants from the region to network and share experiences, problems, ideas and good practices. The Osaka Forum, held in October 2002, signaled the last of the ten annual Campaigns, and the dissolution of the Regional NGO Network (RNN), which was established for the purpose of organizing annual Conferences during the first Decade.

However at the Forum, the idea of forming a new, re-vitalized regional NGO Network on Disability was welcomed by various sectors to strengthen new regional initiatives and momentum to meet growing expectations and demands of the new millennium. The network was named the “Asia-Pacific Disability Forum (APDF)”. In November 2003, in Singapore, the APDF was officially established with its Constitution and Ms. Judy Wee (Singapore) was elected to be the first President.

Objectives of the workshop

Under the Agenda Item V, a representative of the UNESCAP secretariat provided an introduction to the purposes and expected outcome the Workshop. Participants were expected to develop the “Joint Statement” as follow-up to the third and fourth sessions of the Ad Hoc Committee and to formulate a set of “key recommendations on structure, elements, and principles of the Convention Text, with particular emphasis on future strategies for effective collaboration and dialogue between Governments and civil society in the negotiation process towards the Convention”, for possible adoption as a Workshop outcome.

She added that the Statement expected to be adopted at the end of the Workshop will be submitted to the Ad Hoc Committee, in accordance with General Assembly resolution 57/229, which invited the views of Governments and the United Nations system on the elaboration of a new international convention on the rights of persons with disabilities; copies of these materials will be made available by UNESCAP for the information and comment as appropriate to the Special Rappoteur on Disability of the Commission for Social Development, Sheika Hissa bint khalifa bin Hamad Al-Thani as well as to the Department of Economic and Social Affairs of the United Nations Secretariat.

Review of Human Rights Machinery/Treaties within the United Nations System

Under the Agenda Item V, a representative from the United Nations Office of High Commissioner for Human Rights (Regional Representative for Asia-Pacific), Ms. Susan Appleyard provided information about review of human rights machinery/treaties within the United Nations system, and key issues related to the follow –up to the fourth session of the Ad Hoc committee. She explained about the existing human rights treaty bodies’ international monitoring mechanisms. They are made up of between 10-23 experts (unpaid), part-time and do not represent any organizations. The existing committees meet 2-3 times per year in either New York or Geneva. The Committees examine state party reports of implementation following ratification of the associated treaty. Following consideration of a state party report all treaty bodies issue concluding observations. These observations may take into account information provided by United Nations agencies.

The treaty bodies can also receive shadow reports prepared by the NGOs on the situation in their country. Four of the existing seven human rights treaties bodies can accept individual complaints pertaining to claims of violations by a state party of any of the rights set out in the treaty. She concluded her presentation by emphasizing that the Asia-Pacific region remains the only region of the world without a human rights charter and subsequently without a body to monitor human rights at the regional level.

Equally important to the international monitoring mechanisms are national protection mechanisms. The current draft article 25 on a national implementation framework will require continued debate and elaboration. Currently, the draft calls for the creating of a national government focal point for matters relating to the Convention, for consideration be given to the establishment of a coordination mechanism and the establishment of a national level framework.

Towards the Elaboration of an International Convention on the Rights of Persons with Disabilities – Report on the developments at the third and fourth sessions of the Ad Hoc Committee, held at New York, in May/June and August/September 2004 respectively

Under the Agenda Item VII, several speakers (listed below) provided the latest information related to developments at the third and fourth sessions of the Ad Hoc Committee and outlined key contentious issues for debate.

  • Mr. Mothian Bunta (The Head of Thai delegation);
  • Mr. Toshio Higashi (Special advisor to Japanese Government’ delegation to the Ad Hoc Committee and a bar lawyer in Japan);
  • Mr. JB Munro (APDF);
  • Mr. Ryosuke Matsui (APDF);
  • Mr. Eiichi Takada (JDF);
  • Ms. Rosemary Kayess (A member of the Australian delegation);
  • Ms. Debra Wan (APDF);
  • Ms. Esther Chan (Equal Opportunity Commission, Hong Kong);
  • Ms.Catalina Fermin (NCC, the Philippines)

The first speaker Mr. Monthian Buntan (who is a NGO representative but also the head of Thai delegation to the Ad Hoc Committee) briefed about the latest developments at the third and fourth session of the Ad Hoc Committee (which took place in May/June and August/Sep. 2004, at NY). In his presentation, he highlighted the most contentious issues about the draft convention text, including “definitions’, “progressive realization of socio-economic rights”, “states parties’ obligations concerning remedies”[2], “reference to specific groups (e.g. disabled women, severely and multiply disabled persons, etc.)”, “positive measures to promote the equality (e.g. quota scheme, etc.)”, and “international cooperation”.

Concerning the role of NGOs and civil society in the process towards the Convention, he suggested a few possible options, such as “insisting the open forum for NGOs at the Ad Hoc Committee sessions”, “active representation of NGOs and civil society in each government’s delegation to the Ad Hoc Committee sessions (e.g. Thailand’s good example)”, “effective lobbying, negotiation and dialogue of NGOs at the national level”, and formation of a regional network body of NGOs such as APDF. He concluded his presentation by emphasizing the possibility of “disability inclusive” international cooperation (technical cooperation) --- so called “twin track approach” of international cooperation. [3]

He concluded his speech by highlighting several key issues for possible consideration by the region, including (i) a regional platform, (ii) NGO participation through the remaining process of the Convention, (iii) activities at the national level, (iv) regional network and collaboration, and (v) multilateral/multidimensional approaches to international/technical cooperation (disability specific and disability inclusive approaches).

The ESCAP resource person, Mr. Higashi (DPI Japan) covered 3 major issues related to the Convention process, namely (i) reasonable accommodation, (ii) state parties’ obligation about domestic remedies, and (ii) international cooperation. Concerning reasonable accommodation, Mr. Higashi listed as a bar lawyer’s point of view, the following three possible options.

The first option is that the state parties’ obligations under reasonable accommodation should be implemented “immediately”, just like any civil-political rights. The second option is that the obligations will allow “progressive realization”, just like any socio-economic rights. The last option is that reasonable accommodation will be treated as a mere guiding principle and guideline (without enforcement mechanism). He mentioned his personal preference for the option 1. Mr. Higashi continued his presentation by emphasizing the necessity to stipulate that “the lack of and/or failure in providing reasonable accommodation is a form of discrimination”.

Concerning remedies, he emphasized the necessity of including the state parties’ obligations concerning domestic remedies. He listed a few existing barriers in the judicial remedy system faced by disabled people in Japan, such as physical barrier, barrier related to the due process (e.g. lack of evidence, lack of trust, etc.), communication barrier, and expensive costs associated with legal proceeding.

Concerning international cooperation, Mr. Higashi seconded Mr. Buntan’s suggestion about disability inclusive international cooperation projects.

Mr. JB. Munro (Vice president, APDF) emphasized the importance for the UN agencies and governments to sensitize their staff and decision makers about disability. He mentioned a new set of opportunities given to NGOs and governments to work together through the process of drafting the International Convention. There is a serious possible risk of changes in personnel/focal points and loosing the momentum and initiatives if the process it too slow and delayed. The long process will also be excessively expensive to send delegations to the Ad Hoc sessions. Al changes in personnel/focal points, etc. He concluded his speech by saying that the Asia-Pacific region has taken a lead in the process towards the Convention.

Mr. Ryosuke Matsui (APDF) shared with the participants a good practice of dialogue and negotiation between civil society and the Government in Japan. He briefed about the formation of a new cross-disability NGO forum, “Japan Disability Forum (JDF)”, which is to be officially established at the end of October 2004. The goals of the JDF include (i)promoting the process of drafting the International Convention at the national level (through sending JDF’s representative into the Japanese Government delegation to the Ad Hoc Committee sessions), (ii) making preparations for a new anti-discrimination law on disability (to be adopted, within the same framework of ratification of the Convention by the Government), and (iii) monitoring the implementation of the current national 5-year plan on disability (medium term plan) and 10-year plan on disability (long-term plan). He explained the important role of JDF in the process of the recently revised Japanese law, the “Fundamental Law on Disability”. The revision included a new element of anti-discrimination (revised in 2004).

Mr. Junichi Takada (JDF) supplemented information about the latest national seminar on the International Convention, which took place in Kyoto in August 2004. The seminar was attended by some 150 participants mainly from Kansai area. This kind of local promotional events about the proposed International Convention is necessary to gain a wide-range of support from the general audience (general society). He noted the recent coverage about the International Convention by two major mainstream Japanese newspapers, “Yomiuri newspaper”, and “Asahi newspaper”, both of which have the highest number of circulations in Japan.

Mr. Takada (JDF/WFD) concluded his presentation by citing a successful lobbying with the Japanese government about inclusion of a draft Convention article on “recognition of sign language as a national language”. Japanese government is NOW supportive of inclusion of such an article.

Ms. Rosemary Kayess (a NGO member of the Australian delegation) made a presentation about the role of the national human rights commission (institution) in monitoring and implementation of the proposed Convention. This level of monitoring is not limited to national government mechanisms or disability advocacy network --- it is independent and a third-party.

She emphasized the importance of monitoring as a vital component of the Convention to foster state actions at the domestic level. Also, she stressed the importance of “capacity building “in terms of monitoring. She explained the reasons why the existing international treaty monitoring mechanisms are not so effective, including burden of the State parties’ periodic reporting.

She referred to the “Paris Principles” --- an internationally agreed upon framework of establishment of an independent, third-party national monitoring body of human rights. Concerning the question about the specific relevance of the Paris Principles to the proposed Convention, she replied positively by stressing the “proper representation” of PWD (participation of PWD), which is a key concept of the Paris Principles. The main features of the Paris Principles are the representation of diverse stakeholders and independent forum, independent from the national administrative wing.

Ms. Debra Wan (APDF/ the Joint Council of the Physically and Mentally Disabled Hong Kong -China) explained the role of Hong Kong delegation who participated in the 3rd session of the Ad Hoc Committee in New York. She briefed about the lobbying process concerning further strengthening the role of Hong Kong representatives within the structure of the Government delegation (Chinese Government) to the Ad Hoc Committee sessions. She also mentioned about “particularity of the Hong Kong (China) Administration” [4] regarding the periodical reporting of implementation of the Convention to an international monitoring body, once the Convention is ratified by the Chinese Government. She concluded her presentation by providing detailed information about the national workshop on the International Convention which was organized the Joint Council in collaboration with the UENSCAP, held in August 2004.

Ms. Esther Chan (Equal Opportunity Commission, Hong Kong) explained the role of EOC.The law in Hong Kong (China), the “Disability Discrimination Ordinance (DDO)” protects PWDs from discrimination and harassment in the areas of employment, education, access to premises, provision of goods, facilities and services, disposal and management of premises, clubs and sporting activities, eligibility to vote and be elected, participation in government activities. It also makes vilification against PWDs in public activity unlawful. Serious vilification is a criminal offence.To handle enquiries, complaints lodged with EOC under the relevant legislation, EOC has a duty to endeavor help parties to settle the complaints by conciliation. Conciliation is voluntary. Assistance may be granted to complainant to seek redress through legal proceedings when conciliation fails. EOC also plans to do investigation on systematic discrimination, to be more proactive.

Ms. Chan concluded her presentation by citing a few forward-looking plans. To streamline the complaint handling procedures, and encourage settlement by conciliation, Hong Kong is seriously considering establishing an EO Tribunal to deal with complaints that could not be settled by conciliation. Also, in the field of public education and promotion, it is working in collaboration with stakeholders, government departments and NGOs for effective and efficient use of resources, and to solicit their support to EOC’s work

Concerning the questions from the floor, she confirmed the functions of the EOC included enforcement of anti-discrimination, facilitating domestic remedies (e.g. conciliation, legal proceedings, etc.), and surveillance of human rights of PWD through various measures such as taking disability statistics, disability research, etc.

Ms.Catalina Fermin (NCC, the Philippines) covered the key elements of Magna Carta for Disabled Persons. It is a rights-based legislation and extends protection over civil political rights of persons with disabilities by ensuring their equal access to education, vocational training, employment and the election process. She referred to a few successful examples of political participation by PWD. A few disabled political candidates in the Philippines have won beating powerful opponents in local and national electoral campaigns in the country. Also, the Magna Carta clauses allow employers a degree of flexibility in improving existing facilities, modifying work schedules, policies, rules, etc. and at the same time providing incentives such as employment quota in public employment sector.

Orientation of the Working Group Discussions (APDF/UNESCAP)

Under the same agenda item VII, the representatives from APDF and UNECAP clarified issues to be dealt with in the working group discussions.

After the discussion, it was decided that the formation of the four groupings would be the same and pre-selected 4 issues on the original agenda would be discussed in the 4 working groups. Each group may wish to discuss broadly all 4 agenda items but with a particular emphasis on the relevant subject listed for each group.

DAY 2

B. Report on Working Group discussions

Working Group Discussions

On the second of the Workshop, under the agenda item VII (d), the participants were divided into the following four working groups:

The participants formed the following four working groups to discuss the recommendations and the Joint Statement (see Annex III for report of working groups).

  1. Ratification/State Obligations/Application of the Convention;
  2. Monitoring mechanism at international, regional and national levels;
  3. Capacity building of self-help groups and international cooperation;
  4. Development of national legislatives and a comprehensive policy

Each group elected a facilitator and a rapporteur and led a discussion covering issues assigned. At the end of the day, four groups came back to the plenary room and shared a progress report from each group.

Throughout the 2nd day morning, the working group discussions continued. In the afternoon of the 2nd day, the participants gathered at the plenary room and a facilitator from each group made a report that is composed of a set of recommendations on their respective items and effective collaboration between Governments and civil society.

During the session, the drafting committee composed of official rapporteurs, chairman, vice-chairpersons and UNESCAP Secretariat met in the drafting committee session and synthesized group recommendations, for development of a draft Joint Statement for submission to the plenary for the adoption in the late afternoon.

Drafting Committee

The “Drafting committee” established by the Workshop reviewed and discussed critical issues for development of a set of recommendations which were based upon inputs from the four Working Groups, for consideration in the plenary.

Discussion on the “Joint Statement” on draft proposed structure, elements and principles

Under the agenda item VII, the workshop participants had an in-depth review and discussion of the draft “Joint Statement”. Comments and oral amendments to the draft text of the “Joint Statement” were appropriately reflected in the final text which was adopted by the plenary session (revised by the Workshop Secretariat and circulated to participants before the closing).

Adoption of the “Joint Statement” on the proposed structure, elements and principles of a comprehensive and integral convention on the rights of persons with disabilities and enhanced collaboration between Government and Civil Society

Under the agenda VII, following its consideration of the revised text of the “Joint Statement”, the Workshop turned its attention to the set of recommendations compiled by the Drafting committee and revised by the UNESCAP Secretariat, which were adopted unanimously.

d) Closing of the Workshop

Under the agenda item VIII, a representative of the APDF made a brief closing statement to thank Workshop participants, resource persons, facilitators and rapporteurs for their hard work and contributions to Workshop proceedings.

III. ORGANIZATION OF THE WORKSHOP

A. Background

Globally, developments towards an international disability-specific convention have been accelerated during the last couple of years.

The United Nations General Assembly, by its resolution 56/168 of 19 December 2001, established an Ad Hoc Committee to consider proposals for a Comprehensive and Integral International Convention to Promote and Protect the Rights of Persons with Disabilities. The first session of the Ad Hoc Committee was held in New York in 2002, and the subsequent General Assembly resolution, 57/229 of 18 December 2002 further encouraged Governments, United Nations bodies, including regional commissions, to make available to the Ad Hoc Committee suggestions and possible elements to be considered in proposals for a convention.

In the UNESCAP region, Governments declared the extension of the Asian and Pacific Decade of Disabled Persons, 1993-2002, for another decade, 2003-2012 through Commission resolution 58/4 of 22 May 2002. The Decade was renewed to improve on sub-regional differences in progress and give further impetus for full participation and equal opportunities of persons with disabilities.

As the policy and action guideline for the renewed decade, the High-level Intergovernmental Meeting to Conclude the Asian and Pacific Decade, Otsu, Shiga, October 2002 adopted the Biwako Millennium Framework for Action towards an Inclusive, Barrier-Free and Rights-Based Society for Persons with Disabilities in Asia and the Pacific (BMF).

The BMF promotes the paradigm shift from a charity-based approach to a rights-based approach to disability and development, and incorporates disability concerns into national policies and programmes for the purpose of achieving the targets of the United Nations Millennium Development Goals (MDG). The BMF sets out seven priority areas[5], and it urges Governments to ratify core international human rights treaties, to support the elaboration of a proposed convention, and to include persons with disabilities at every-level of the elaborating process.

Following these resolutions and the BMF, UNESCAP organized the Expert Group Meeting and Seminar on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities held from 2 to 4 June 2003. The Meeting produced a comprehensive set of General Recommendations on the proposed convention, entitled ‘the Bangkok Recommendations.’

The Bangkok Recommendations were submitted to the Second Session of the Ad Hoc Committee, held from 16 to 27 June 2003 in New York, where Member States unanimously agreed to start elaborating a proposed convention. At this Committee, Working Group was established to develop a consolidated draft convention text for the Third Session of the Ad Hoc Committee to be held next year. This Working Group is composed of twenty-seven governmental representatives (Asia 7, Africa 7, America 5, Western Europe 5, and Eastern Europe 3), twelve representatives of disability NGO and one representative from National Human Rights Institute. The Working Group is scheduled to be held from 5 to 16 January 2003 in New York.

Prior to the Workshop, two phases of Workshop on Women and Disability: Promoting Full Participation of Women with Disabilities in the Process of Elaboration on an International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities were held 18 to 22 August 2003 and 13 October 2003. This Workshop produced a Statement of Recommendations, which express unified support for a proposed convention with specific recommendations from disabled women’s perspectives.

The Regional Workshop towards a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities was held to contribute to the global elaboration process on a proposed convention, by sufficiently incorporating concerns of women and men with disabilities in Asia and the Pacific region. The region has the largest number of persons with disabilities (approximately 400 million) in the world. As the outcome of the Workshop, it developed a draft of a proposed convention, entitled “Bangkok Draft on proposed elements of a comprehensive and integral convention on the rights of persons with disabilities.”

In addition to the above-mentioned two workshops, during the second half of 2003, a series of UN ESCAP-sponsored workshops were established to critically review the Recommendations and a draft text for the convention on disability. At the end of 2003, the Revised Bangkok Draft, together with a Beijing Declaration were submitted to the Working Group of the Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities which were held early in 2004 through the United Nations Department of Economic and Social Affairs (DESA) and the Bank Draft was extensively referred by the Chairperson of the Ad Hoc Committee during the above-mentioned Working Group session held at New York in January 2004.

The purpose of this follow-up workshop in 2004 is to provide a regional forum for civil society groups (including DPOs and INGOs) and governments to exchange views on the latest developments towards the International Convention (follow-up to the third and fourth sessions of the Ad Hoc Committee) and strategize the modality for enhancing effective cooperation and dialogue among different stakeholders at the global negotiation forum.

B. Attendance

The workshop was attended by some 100 experts from more than 18  countries of the ESCAP region, resource persons and number of observers from UN agencies, permanent missions, etc. (See Annex I).

C. Opening of the workshop

Ms. Keiko Okaido, the Deputy Executive Secretary, UNESCAP, inaugurated the workshop and delivered the opening statement of Mr. Kim Hak-Su, Executive Secretary of UNESCAP.

In his opening statement; Mr. Kim Hak-Su first expressed his gratitude for APDF, for its co-organization of this Workshop.

He then extended his appreciation to the Governments of Japan and China, both of which have greatly supported the efforts of UNESCAP, both for the past and present Asian and Pacific Decade of Disabled Persons.

He explained that we were at a critical juncture in history with regard to persons with disabilities. Although the elaboration of a disability specific convention has been the subject of discussion for more than 15 years, a real process has begun and gaining momentum. He added the significance of this workshop because we aim to formulate a joint policy-oriented statement in support of the process of drafting Convention. He continued his speech by stating that this jointly organized workshop between UNESCAP and APDF itself was a testimony of UNESCAP’s belief in the necessity and value of working together with civil society, NGOs and members of the disability community within the UNESCAP region.

He concluded his opening statement by reaffirming the paradigm shift from a charity-based approach to a rights-based approach towards empowerment of persons with disabilities, the principle of the current Asian and Pacific Decade of Disabled Persons.

On behalf of the APDF, Ms. Judy Wee, the President of the APDF delivered an opening message. She emphasized that being rights-based would move us all forward from charity, sickness and social model to recognizing the human rights of each unique citizen as the centers of all decisions affecting our daily living, with the slogan of “nothing about us, without us”. She continued saying that through our voluntary NGO member agencies, persons with disabilities would seek partnership and cooperation with various stakeholders such as UN agencies, Government and among NGOs. The process towards the Convention through the Ad Hoc Committee on the Convention provided an opportunity for a positive and cooperative way of cooperation among various partners.

Ms. Wee concluded her speech by thanking the participants in the Workshop and expressing her trust that by the end of the workshop that the participants would leave excited for the future.

D. Adoption of the agenda of the workshop

The Workshop adopted the following agenda of the workshop.

  1. Opening session
  2. Election of the Officers
  3. Adoption of subjects of the workshop
  4. Statement (APDF)
  5. Objectives of the workshop (ESCAP Secretariat)
  6. Review of Human Rights Machinery/Treaties within the United Nations System (OHCHR)
  7. Towards the Elaboration of an International Convention on the Rights of Persons with Disabilities
    1. Overview of development towards the proposed convention, implications for building national capacities for equalization of opportunities and previous ESCAP efforts towards the Convention
    2. Report on the 3rd session and 4th session of the Ad Hoc Committee & discussions on the developments on the first session of the Working Group which took place in January 2004
    3. Report of the outcome documents from the 3rd and 4th session of the Ad Hoc Committee & Discussions on the developments on the first session of the Working Group which took place in January 2004
    4. Working Group Discussions
      1. Ratification/State Obligations/Application of the Convention;
      2. Monitoring mechanism at international, regional and national levels;
      3. Capacity building of self-help groups and technical cooperation;
      4. Development of national legislatives and a comprehensive policy
    5. Presentation of Working Group Discussions
  8. Closing of the Workshop

E. Adoption of the “Joint Statement of on proposed structure, elements and principles of a comprehensive and integral convention on the rights of persons with disabilities”

Workshop participants reviewed, discussed and adopted in the final plenary a set of recommendations included in the Joint Statement.

F. Closing of the Workshop

The workshop was officially closed in the afternoon of 12 October 2004.


Annexes

Annex I: List of participants

Annex II: Programme of the workshop

Annex III: Report of working groups


Notes:


[1] This report was issued without formal editing.

[2] In the Bangkok Draft, there was an article concerning the state parties’ obligations concerning domestic remedies, but it was completely dropped off in the Ad Hoc Committee Chairman’s draft, and in the current text. A few governments such as Costa Rica, Japan, Thailand, etc. are lobbing for inclusion of the article concerning remedies.

[3] Twin track approach under the framework of international cooperation refers to “empowerment of persons with disabilities” and “integration of disability concerns into all international development projects. Disability integration may include projects of “accessible road construction”, or “construction of accessible airport”, etc, based on principles stipulated in the proposed Convention. Such accommodation often does not require so much additional funding but it requires participatory planning.

[4] Hong Kong is a part of China, but it is under a special administration.

[5]The seven priority areas are as follows: (1) self-help organizations of persons with disabilities and related family and parental associations, (2) women with disabilities, (3) early detection, early intervention and education, (4) training and employment, including self-employment, (5) access to built environments and public transport, (6) access to information and communications, including information and communications and assistive technologies, and (7) poverty alleviation through capacity-building, social security and sustainable livelihood programmes.

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