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International Convention on the Rights of Persons with Disabilities

UN ESCAP Workshop on Regional Follow-up to the Fifth Session and Preparation for the Sixth Session of the Ad Hoc Committee on an International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 26-27 July 2005

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Workshop Background : Aide Memoire

UN ESCAP Workshop on Regional Follow-up to the Fifth Session and Preparation for the Sixth Session of the Ad Hoc Committee on an International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (26-27 July 2005, at UNCC Bangkok)

At the global level

General Assembly 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 and dignity of persons with disabilities, based on the holistic approach in the work done in the fields of social development, human rights and non-discrimination and taking into account the recommendations of the Commission on Human Rights and the Commission for Social Development.

The resolution also calls upon States, in cooperation with regional commissions, the United Nations High Commissioner for Human Rights, the Division for Social Policy and Development and the Special Rapporteur on Disability of the Commission for Social Development, to hold regional meetings and seminars to contribute to the work of the Ad Hoc Committee by making recommendations regarding the content and practical measures that should be considered in the international convention."

The resolution also, "invites States, relevant bodies and organizations of the United Nations system, including relevant human rights treaty bodies, the regional commissions, the Special Rapporteur on disability of the Commission for Social Development, as well as intergovernmental and non-governmental organizations with an interest in the matter to make contributions to the work entrusted to the Ad Hoc Committee, based on the practice of the United Nations."

The first session of the Ad Hoc Committee took place from 29 July to 9 August 2002, at United Nations Headquarters at New York. The second session was held from 16-27 June 2003 at the United Nations Headquarters in New York. The third session took place from 24 May to 4 June 2004 and the fourth session from 23 August to 3 September 2004.

At its second session, 16-25 June 2003, the Ad Hoc Committee decided to establish a Working Group with the aim of preparing and presenting a draft text of a convention, which would be the basis for negotiation by Member States. The Working Group met in New York from 5 to 16 January 2004.

In its Resolution 58/246, the General Assembly decided that the Working Group would present its draft text to the Ad Hoc Committee at its third session from 24 May to 4 June 2004, and that the Ad Hoc Committee would start its negotiation on a draft convention during that session. The Resolution also decided that the Ad Hoc Committee would hold a fourth session prior to the 59th session of the General Assembly from 23 August- 3 September 2004.

At its 14th Day, on 27 June 2003, 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 decided to establish a Working Group with the aim of preparing and presenting a draft text which would be the basis for negotiation by Member States and observers at the Ad Hoc Committee of the draft convention. It also decided that “the Working Group shall meet intersessionally at the United Nations Headquarters in New York for one session of ten working days early in 2004, and will present the outcome of its work on a draft text to the Ad Hoc Committee at its third session”. That decision was endorsed by the General Assembly in its resolution 58/246 of 23 December 2003.

The Working Group is comprised of representatives of the following Governments, non-governmental organizations and national human rights institution:

  • Cameroon, Canada, China, Colombia, Comoros, Ecuador, Germany, India, Ireland, Jamaica, Japan, Lebanon, Mali, Mexico, Morocco, New Zealand, Philippines, Republic of Korea, Russian Federation, Serbia and Montenegro, Sierra Leone, Slovenia, South Africa, Sweden, Thailand, Uganda, Venezuela
  • Disability Australia Limited, Disabled Peoples’ International, Disabled Peoples’ International (Africa), European Disability Forum, Inclusion International, Inter-American Institute on Disability, Landmine Survivors Network, Rehabilitation International, World Blind Union, World Federation of the Deaf, World Federation of the Deafblind, World Network of Users and Survivors of Psychiatry
  • South African Human Rights Commission (representing national human rights institutions)

The Working Group held its first session at United Nations Headquarters in New York from 5 to 16 January 2004. In the course of its session, the Working Group held 20 formal meetings as well as a number of informal consultations. The session of the Working Group was opened by the Chairman of the Ad Hoc Committee, Ambassador Luis Gallegos Chiriboga (Ecuador). At its 1st meeting, on 5 January, the Working Group endorsed the appointment by the Chairman of the Ad Hoc Committee, on the basis of consultations, of Ambassador Don MacKay (New Zealand) as Coordinator of the Working Group.

The third Session of the Ad Hoc Committee was held from 24 May to 4 June 2004 at New York, and the fourth session was held in August and September 2004.

UNESCAP participated in the third Session of the Ad Hoc Committee. The purpose of this regional workshop is to provide a regional forum on discussing key issues of follow up to both third and fourth session of the Ad Hoc Committee at the ESCAP regional level. This two-day workshop (12-13 October 2004, www.worldenable.net/convention2004/) is hosted and organized by UN ESCAP in close collaboration with the newly formed regional network of NGOs, namely the Asia-Pacific Disability Forum, APDF, in conjunction with the ESCAP regional workshop on monitoring the implementation of the Biwako Mellennium Framework for Action for an Inclusive, Barrier-Free Society and Rights-based Society for Persons with Disabilities in Asia and the Pacific (BMF), to be held immediately after this Workshop, on 15-16 October 2004, at UNCC Bangkok.

At the regional level

The Governments, UNESCAP and NGOs worked together to implement the Agenda for Action for the Asian and Pacific Decade of Disabled Persons from 1993 to 2002. In 2001, the Commission, through its resolution 58/4 of 22 May 2002, titled "Promoting an inclusive, barrier-free and rights-based society for people with disabilities in the Asian and Pacific region in the twenty-first century" renewed the Asian and Pacific Decade from 2003 to 2012. The Decade's action-oriented guidelines for Governments, "The Biwako Millennium Framework for Action towards Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the Pacific (BMF)" urged Governments to support and contribute to the work of the Ad Hoc Committee.

In pursuance of the above-mentioned resolutions and the regional mandate, UNESCAP organized the Expert Group Meeting and Seminar on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities from 2 to 4 June 2003. The Meeting's outcome is the Bangkok Recommendations, a comprehensive set of recommendations on the proposed convention. The Bangkok Recommendations were presented at the Second Session of the Ad Hoc Committee, which was held at New York from 16 to 27 June 2003.

The Ad Hoc Committee unanimously agreed to elaborate a thematic convention on disability and decided on formulating a Working Group to prepare a draft text of the convention for negotiations at the next session of the Ad Hoc Committee in 2004.

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.

In 2003, two phases of ESCAP 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. These workshops on disability and gender 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 intended to adopt a draft of a proposed convention, entitled "Bangkok Draft."

UNESCAP invited individual experts of disability policies and human rights, and participants representing the previous Workshop on Women and Disability. All these experts were expected to contribute their substantive and technical knowledge to the Workshop as well as empowering themselves with direct involvement in a convention elaborating process. Experts were from governmental agencies, semi-governmental agencies and civil society organizations (organizations for persons with disabilities and self-help organizations of persons with disabilities). Persons with disabilities include those who have physical, visual, hearing and psychiatric disabilities.

Immediately after the Workshop, the Bangkok Draft was revised by the UNESCAP facilitator, based on the last discussion at the Workshop and the "Bangkok Draft (version 2)" then was made available to this Seminar for discussions and for formulation of a political statement entitled the Declaration of Beijing, in the end.

A set of the "Bangkok Draft" and the Declaration of Beijing (the outcome document of the ESCAP/CDPF Seminar on the Convention, held in November 2003 in Beijing China as the last one of the ESCAP series of the Convention activities in 2003) was submitted to the Chairman of the Ad Hoc Committee with a copy to the United Nations Special Rappoteur on Commission on Social Development, and the Department of Economic and Social Affairs (DESA).

During the above-mentioned first session of the global Working Group, held in January 2004, at NY, the Bangkok Draft served as a basis for the Chairman’s Draft of the Ad Hoc Committee and the text was fully utilized for the agreed upon text of the Working Group, which was submitted to the subsequent 3rd session of the Ad Hoc Committee, held in May/June 2004, at NY. Bangkok regional input made a meaningful contribution to the global process.

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