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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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Programme : Presentation on Day 1

Text version of a PowerPoint Presentation:

The Purpose of the Workshop

Presented by Kay Nagata
Disability Focal Point
UN ESCAP


Slide 1

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
11-12 October 2004
Bangkok

The purpose of the Workshop

By Kay Nagata, UNESCAP


2

Preamble

Beijing, 1992

Launch of Agenda for Action, Asian and Pacific Decade of Disabled Persons, 1993-2002

Resolution 58/4 (May 2002)

Promoting an inclusive, barrier-free and rights-based society for people with disabilities in the Asian and Pacific region in the twenty-first century (2003 – 2012)

Paradigm shift

From charity-based approach to inclusive, barrier-free and rights-based


3

Seven priority areas for action

  • Self-help organizations of persons with disabilities and related family and parent associations;
  • Women with disabilities;
  • Early detection, early intervention and education;
  • Training and employment;
  • Access to physical environments and public transport;
  • Access to information and communications, including ICT;
  • Poverty alleviation .

4

Strategies to achieve the BMF targets

Disability issues should have:

  • National plan of action
  • A rights-based approach (International convention for PWD)
  • Statistics and common definitions for planning
  • Strengthened community-based approaches to prevention of causes, rehabilitation and empowerment of PWD

5

What is the Convention on Promoting and Protecting the Rights and Dignity of Persons with Disabilities?

  • No. 8 International Convention for Persons with Disabilities, similar to CRC, CEDAW, etc.;
  • Establishment of the Ad-Hoc Committee to elaborate the Convention (e.g. preamble, structure, elements, monitoring mechanisms, etc.);
  • What is the difference between the International Convention and other forms of UN or international norms and standards (e.g. The Standard Rules of Equalization of Opportunities for Persons with Disabilities; the World Programme of Action)
  • Ratification by Member States (including reservations of some articles), implementation (including revision of domestic laws and regulations), enforcement, and monitoring;
  • Monitoring at the national (e.g. through national human rights commission, equal opportunities commission, national monitoring mechanism, etc.) and international levels;
  • State’s obligations, reporting by the signatories to the international monitoring mechanism and the means of remedies.

6

Possible remedies

  • Individual negotiations with employers, educational institutions, etc.;
  • Filing the case to the third party monitoring mechanism (such as a national equal opportunities commission, national human rights institution, etc.);
  • Use of the 3rd party interventions, such as negotiation, reconciliation, etc.
  • Use of the judicial system (a case in the court of justice);
  • Use of administrative system.

7

ESCAP mandate

  • General Assembly Resolution 57/229 of 18 December 2002 further encouraged Governments, United Nations bodies, including regional commissions, and other organizations to make available to the Ad Hoc Committee suggestions and possible elements to be considered regarding the proposed Convention.


8

Expert Group Meeting and Seminar on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 2-4 June 2003

Outcome: Bangkok Recommendations, submitted to the Second Session of Ad-Hoc Committee on the Convention, held in NY, 16-27 2003 by UN ESCAP.

Base for the Bangkok Draft (full text version of ESCAP workshop outcome document, October 2004)


9

3rd session (May/June) and 4th session (August/September) of the Ad Hoc Committee

  • The “Bangkok Draft” was used as a basis for the Chairman’s Text during the first Working Group Session, which took place at New York in January this year;
  • The network of NGOs was named the “Asia-Pacific Disability Forum (APDF)”;
  • Increasing responsibility now rests with government delegates at the global inter-governmental forum;
  • Dialogue and negotiation between the disability community and the governments of some countries of our region (good practices).

10

The expected outcome of this workshop

  • NGO and government joint political statement to support the process towards the Convention;
  • Report of each discussion groups:

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

11

Thank you

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