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

Korean NGO Report

Disability-specific legislations, Current level of implementation of BMF and Views on proposed Convention in Korea

By Korean Society of Persons with Disabilities
& RI Korea

I. General view of Disability-Specific Legislations in Korea

1. Welfare Act of people with disability, 1981, 1989, 1999

Established in 1981, the 'Welfare Act for the Mentally and Physically Disabled' was completely revised as the 'Welfare Act for People with Disabilities' in 1989, serving as the standard and comprehensive legislation for the welfare of people with disabilities in Korea.

This Act is made up of 80 articles in 8 parts that deal with specifically with disability provisions. Part one is a preamble with important themes such as the definition of disability, rights of people with disabilities, etc. Part two states specific provisions such as prevention of disabilities, medical, social, and vocational rehabilitation as well as the measures for developing basic policies. Part three is concerned with registering as a disabled person, admission to facilities, disability-related wages, and various support measures. Part four deals with institutional care and the role of disability organizations. Part five covers a wide range of assistive devices/technologies, which are deemed critical for welfare and rehabilitation of people with disabilities. Part six consists of specific guidelines for a variety of disability related professionals. Part seven is supplementary provisions, and Part eight stipulates the penalties for failing to abide by the Act.

The most significant change in recent times would be the expansion of disability categories to include chronic disorders of the heart, kidney, liver, etc. in 2000. With a comprehensive and universal approach being strongly emphasized for the disability matter, various government departments now deal with disability. To regulate the affairs and coordination between government departments, the prime minister, ministers of 17 government departments, and 7 leaders of disability welfare organizations participate in the Disability Welfare Co-ordinating Committee. In addition, the activities of this committee have been supported further by the creation of a Working Group. Also, to manage affairs of disability welfare outside the capital in various regions, the Regional Disability Welfare Regulation Committee was decided to be created in 2004.

However, it began to be suggested in 2004 that the 'Welfare Act for People with Disabilities' functioned merely to provide welfare services as opposed to acting as a standard and comprehensive legislation. In response, various changes are occurring quickly and promptly. (1) Campaign to enact the 'Disability Discrimination Act', claiming that the 'Welfare Act for People with Disabilities' is insufficient to ensure the rights of people with disabilities and restrict discrimination, (2) Campaign to revise the current welfare act to focus on welfare services and facilities, while enacting a separate legislation to act as a standard, (3) Active campaigns to ensure access to information, strengthen the philosophy of self-reliance, and produce specific legislations for these causes.

Beginning in 2004, it is expected that the 'Welfare Act for Mentally and Physically Handicapped' will experience significant changes in its function, content, nature, and format as a legislation. Within 1 or 2 years, it should bring upon a new paradigm.

2. Special Education Promotion Act, 1977, 1994

Korea's first legislation concerning disability was the 'Special Education Promotion Act' of 1977. Consisting of 28 articles in 5 parts, part one is a preamble defining disability, compulsory education, measures for special education, responsibilities of central and regional government. Part two states the method for selecting individuals to receive special education, their placement, and restrictions against discrimination. Part three elaborates on the expansion of special education methods. Part four states supplementary provisions, and Part five specifies penalties for failing to comply with the act. This legislation contributed significantly to increasing opportunities for disabled youth to receive education, as well as increase the quality of special education.

The 'Special Education Promotion Act' has undergone many changes, being revised partly or completely over 10 occasions. Its changes can be contributed most strongly to the desire of people with disabilities, their parents, and educators to ensure the basic rights for special education.

However, it has been pointed out that this legislation is lacking in structure to solve the problems of compulsory education for disabled students, early education for disabled youth, education for treatment, and discrimination of disabled students. Demands to ensure the right of disabled students to study under their method and environment of choice, strengthen penalties for failure to carry out compulsory education, strengthen legal policies for the creation of unified education, expand and enforce various educational methods to achieve unified education have created civilian movements for enacting a comprehensive legislation concerning the education of people with disabilities.

3. Promotion of Employment and Vocational Rehabilitation of Disabled Persons Act, 1999

Active policies for rehabilitation of people with disabilities through employment in Korea began to form in July of 1982, when the Ministry of Health and Welfare instructed the Korean Society for Rehabilitation of Persons with Disabilities to start a campaign to find employment for people with disabilities. A more extensive system formed with the enactment of the 'Promotion of Employment of Disabled Persons' in 1991. With this law, the employment legislations for people with disabilities of Korea centered around a regular compulsory quota-based employment, as well as a protective employment policy with rehabilitative employment facilities.

However, there are many problems such as (1) violating the compulsory hiring quota, (2) types of employment available to people with disabilities, poor hiring conditions, (3) hiring policies concerning people with mild disabilities. The case of (3) was suggested during the late 1990s. In 1998, it suggested that the problem of employment of people with serious disabilities be dealt with through a 'Disability Rehabilitation through Employment' law. However, this law was not approved until the year 2000 due to conflicts between the Ministry of Labor, Ministry of Health and Welfare, and disability welfare organizations. At that time, it was amended as the 'Promotion of Employment and Vocational Rehabilitation of Disabled Persons Act', focusing on expanding employment of people with serious disabilities, improving the vocational rehabilitation system, professional vocational rehabilitation services, etc.

This Act is made up of 73 articles in 6 parts. Part one is a preamble defining disability, the responsibility of central and regional governments, and connection between the Ministry of Health and Welfare and the Ministry of Education and Human Resources Development. Part two is concerned with the promotion of employment for people with disabilities, as well as vocational rehabilitation services and overall policies. Part three states compulsory hiring of people with disabilities and expenses. Part four is about the Korea Employment Promotion Agency for the Disabled(KEPAD), the agency in charge. Part five is finances, and Part six is supplementary provision. Within this law, the employment of people with disabilities is the dual responsibility of both the Ministry of Health and Welfare and the Ministry of Labor. The Ministry of Health and Welfare focuses on people with serious disabilities, while the Ministry of Labor deals with all people with disabilities. One-third of the Disability Employment Promotion Fund, which consists of penalties imposed on eligible businesses without disabled workers, is allotted to vocational rehabilitation departments in the Ministry of Health and Welfare.

In January 2004, the Act was revised to widen the employment opportunities by designating the Target Industries for Quota Employment from more than 300 employees to over 50 and to reduce the disability employment subsidies to industries and penalties.

However, due to the decreased efficiency of the dual ministry administration, rapid depletion of funds, abstract definition of serious disability, lack of restrictions against and penalties for discrimination by employers, weaknesses in connecting the Ministry of Labor, Health and Welfare, and Education and Human Resources Development, weak role of KEPAD, and lack of restrictions against failing to comply with compulsory employment, many conflicts are expected concerning vocational rehabilitation of people with disabilities.

In June of 2005, 'Promotion of Commercial Activity of Disabled Persons Act' was enacted. This Act influences enterprises owned or managed by people with disabilities, with over 30% of total employees having disabilities. Preferential treatment of people with disabilities who establish businesses, preferential treatment of people who support such enterprises, preferential purchasing from such enterprises by public organizations, preferential treatment when receiving funds, and creation of the Korean Society of Disabled Businessmen are the key points of this act.

4. Installation of Convenience Facilities for the Disabled Act, 1997

Efforts for the creation of a barrier-free society became active with the creation of the Convenience Promotion Regulations in 1994. These efforts have led to the enactment of 'Installation of Convenience Facilities for the Disabled Act' in 1997. This Act consists of 29 articles, elaborating on the basic rules for installation of convenience facilities, accessibility, responsibilities of central and regional government, standards and target facilities for installation, responsibilities of facility owners, support for installation, inspection, necessary documentation, corrective measures, penalties, fines, and allotments

However, this Act (1) lacks articles on transportation facilities, mobility, and access to information, (2) needs to expand the range of facility owners and target facilities included, connections between facilities, and concept of convenience facilities, (3) lacks practical effect in imposing allotments, and (4) lacks relation to construction regulations. There is also debate on whether the administrating agency should be the Ministry of Health and Welfare or the Ministry of Construction and Transportation. Currently, efforts for revision are in progress.

In 2002, it was suggested that a separate legislation should exist for transportation and mobility, and in December of 2004, a law to promote convenience for those disadvantaged in mobility was enacted. As a result, the 'Installation of Convenience Facilities for the Disabled Act' excludes transportation and mobility, and focuses on the accessibility of buildings, public facilities, and communication facilities.

5. Other Related Legislations

Beginning in 2000, accessibility of structures, mobility, and information became an increasingly important issue. Although the 'Installation of Convenience Facilities for the Disabled Act' deals with accessibility, the focus is on convenience facilities in construction. Due to this reason, there was debate for revision or an entirely separate legislation.

During this time, the 'Act to Narrow the Digital Divide' was enacted in 2001.Consisting of 16 articles, it is concerned with guaranteeing access to information-communication services, creates the environment for high-speed information-communication service use, support for information-communication machinery, installation and maintenance of facilities to access information, information education, researching the status of the digital divide, supplying resources, creation of the Korea Agency for Digital Opportunity and Promotion, and ensure access to information for people of lower socio-economic status such as people with disabilities, elderly, women, as well as people who are without access due to regional circumstances. However, this is a basic legislation to narrow the digital divide, and is weak in content. Practical efficiency is severely lacking, but efforts for revision have been taking place since 2004.

In 2004, Mobility Convenience Act for the 'Mobility disadvantaged' was enacted, increasing mobility related convenience equipment and installations on transportation and roads to ensure convenience and safe transportation of the mobility disadvantaged(25% of the total population). This Act consists of 34 articles, concerned with establishing a plan to improve convenience for the mobility disadvantaged, responsibilities of the transit industry, and government transportation agencies to install and maintain convenience equipment, establishing plans to implement specially designed bus, designate special areas for the mobility disadvantaged in transportation methods, create a mobility support center, designate pedestrian priority areas, support for drivers with disabilities, etc. Currently, subsections for this Act are being drafted, and is scheduled to be enforced beginning in 2006 by the Ministry of Construction and Transportation.

There are also debates about the need to enact the Disability Discrimination Act(DDA). The Disability Discrimination Act Solidarity in Korea(DDASK) which consists of some 58 disability NGOs of Korea has so far produced a draft legislation with 107 articles in 6 chapters. The highlighting aspect of the draft is that it aims not only to eliminate discrimination but to ensure enforcement. Accordingly, the draft adopts the title 'Disability Discrimination and Enforcement Act'. The draft also emphasizes the critical role of the Disability Discrimination Committee as a mechanism for enforcement, and gives special attention to women with disabilities. The draft identifies education, transport and mobility, information access, culture, gender and other areas of daily social activities as areas to be monitored for discrimination, with greater detail than the U.S. disability discrimination regulation. The draft is in its final stages prior to being submitted to the legislative body.

Currently, the Korean government (Ministry of Health and Welfare) is also drafting its own version of the Disability Discrimination Act, but lacks in the categorization of disabled people, regulations against specific discriminatory acts, and corresponding measures.

Several other campaigns currently exist in Korea, in support of various purposes such as the Disability Athletic Promotion Act, or Self-Reliance Act.

II. Current level of implementation of BMF

Korea established the 'Second Five Year Plan for Advancement of Welfare for People with Disabilities(2003-2007)' in accordance with the UNESCAP 'Another [Asian and Pacific] Decade [for Disabled Persons](2003-2012)'. This is a comprehensive plan which includes the direction of disability policies and major tasks ahead, as well as implementing the 7 priorities of BMF.

However, there has been no government evaluation of the 'Five Year Plan'. Only the civilian organization RI Korea has been carrying out continuous evaluations. In 2003, the 'First Five Year Plan for Advancement of Welfare for Disabled People(1997-2002)' was evaluated. In 2005, the 'Second Five year Plan for Advancement of Welfare for Disabled People' was evaluated for its progress in 2003 and 2004, demanding increased attention from the government.

The following is a qualitative evaluation of progress in 5 different areas carried out by RI Korea.

1. Improving Disability Welfare

Improving disability welfare is normally the jurisdiction of the Ministry of Health and Welfare. This area is concerned with disability occurrence, medical security, expand the categories of disability, rehabilitative equipment, strengthen the living of people with disabilities, improve disability facilities and regional social services, promote culture and athletic activity, support women with disabilities, improve social perception, and provision of services.

• There was progress in expanding the categories of disability. However, improvements in disability registration and administration of registered people with disabilities were minimal, as was government policy and service development for people classified in new categories of disability. Additional consideration for these newly classified areas is required.
• In relation with support for stable living conditions, disability welfare legislations, regulations, and other infrastructure is being established. However, due to budget restrictions, guaranteed income is limited to low-income, seriously disabled people. Consideration for a disability pension is suggested.
• Policies for athletics and cultural activities were successful, with construction of the Athletic Complex for Disabled People, increased pension for disabled athletes, and campaigns to encourage physical activity. However, preparations to move the Disability and Athletics department from the Ministry of Health and Welfare to the Ministry of Culture and Tourism were lacking.
• In relation with disabled women, policies were established for human rights, improved health management, and prevention of violence, but were vague and lacked specificity. Also, support policies for women with disabilities were divided between the Ministry of Health and Welfare and the Ministry of Gender Equality and Family, decreasing efficiency and clarity of jurisdiction. Therefore, a nationwide survey on the status of women with disabilities should be carried out, along with the establishment of a feasible and definite policy.

2. Expansion of Special Education for Disabled People

The expansion of special education for disabled people is within the jurisdiction of the Ministry of Education and Human Resources Development which deals with education policies ranging from kindergarten to lifelong education. This field is concerned with guaranteeing opportunities for education, diversity in education methods, improving quality of special education, and reconstruction of support and provision systems for special education.

• Overall efforts are satisfactory. However, as the demand is becoming more diverse and professional, it is time to establish an expansion plan for educational opportunities.
• For the recipients of special education, a system that completely guarantees special education needs to be constructed. For disabled youth who receive integrated education, a special instructor should be available.
• To strengthen the higher education of special education recipients, it is necessary to devise a plan to improve the educational environment, and increase productivity of the educational process.
• Departmental cooperation is lacking for researching and supporting vocational education of special education recipients.
• Diversity in educational methods are being promoted, but require reinforcement qualitatively. The campaign to increase provision of special education materials such as increasing EBS accessibility and establishing e-learning are considered to be extremely positive.
• All teachers should be required to learn about special education in order to increase responsibility and knowledge on the subject, and thereby strengthening the educational right of disabled students. In addition, a system to promote integrated education should be implemented.

3. Increasing Employment of Disabled People

Increasing employment of disabled people is the jurisdiction of the Ministry of Labor and Ministry of Health and Welfare as stated previously. This field is concerned with improving compulsory hiring of disabled people, restricting discriminatory hiring, protecting the rights of women with disabilities, producing competitive employment opportunities, training valuable disabled workers, increase incentives for employers, increase financial resources, and strengthen vocational rehabilitation.

• Various efforts took place, such as the phased expansion of compulsory hiring on businesses (More than 300 employees to more than 50 employees), decreasing the percentage of exempted businesses in each industry, restricting disability discrimination, development of models to facilitate hiring of numerous disabled people, and increasing the practicality of subsidies for disabled people. Key issues to promote employment were undecided, and connections between industries were weak, lowering the effect and impact of campaigns and various efforts.
• The concept of vocational serious disability is undefined, a policy for vocational rehabilitation of seriously disabled people are absent, and categorization of vocational rehabilitative facilities require review and professionalization. In 2004, employment subsidies to employers were decreased, making the unemployment problem of women with disabilities and people with serious disabilities even more serious.
• A system to maintain provision of services (from both the Ministry of Health and Welfare and Ministry of Labor), differentiate vocational rehabilitation policies, and evaluate were lacking. Cooperative strategies were missing altogether.
• Establish a stable vocational rehabilitation policy by changing the financial source of the Disability Employment Promotion Fund from penalties imposed on business to national funding.

4. Increase Mobility and Convenience

Increasing mobility is the jurisdiction of the Ministry of Construction and Transportation, while installation of convenience is the jurisdiction of the Ministry of Health and Welfare. Planning in this field is not comprehensive and deals with only select issues. To increase mobility, special transportation, construction of a system for service provision, support for convenience in subway, bus, rail, airplane, and terminal, pedestrian environment, driver's license regulations, etc. To increase convenience, installation, consideration for visual and auditory disabilities, right to vote, etc.

• Establishing the 'Mobility Convenience Act for the 'Mobility disadvantaged' and installation of convenience equipment and facilities have now been finalized as the jurisdiction of the Ministry of Construction and Transportation. Currently, progress is poor but is expected to improve.
• On the other hand, promotion of structural convenience has remained the jurisdiction of the Ministry of Health and Welfare, demanding their initiative
• For the 'Act to Promote Convenience for the mobility disadvantaged' and promotion of structural convenience to succeed, government support and budget are required.

5. Improving Digital Divide

Improving information access of disabled people is considered a professional field, and no policy is currently available. Disabled people are classified as a group among many others who are excluded from access to information. Due to the existence of many other groups, specific policies regarding disabled people are lacking, as is support for such policies. Improving information access is the jurisdiction of the Ministry of Construction and Transportation. Projects for this field are not comprehensive nor professional, and are focusing first on establishing an infrastructure for information accessibility. Key concerns are increasing recognition of information accessibility for disabled people, expand information education, increase social participation through information distribution, improving accessibility, and promoting use of information.

• The information differential between socio-economic classes is the responsibility of the Korea Agency for Digital Opportunity and Promotion. Their efforts are somewhat successful, but fail to cover a broad spectrum. Finances have been focused on establishing an infrastructure, and have neglected to improve communication accessibility.
• Decreasing the information differential for disabled people with the basis in welfare is limited. The information communication accessibility and supportive technology require support to be further commercialized.

III. Why we need an International Convention:

Approximately 600 million people (10% of the world population) are with disabilities. 80% of these people live in developing countries. Like any other people on this earth, they too have the right to dignity and basic freedoms stated in any standard UN human rights agreement. However, the reality is that many of these people with disabilities suffer from economical hardships and frequent violations of their human rights. These violations include prejudice, malnutrition, forced sterilization, sexual abuse, refusal for education and employment, confinement, and restrictive access to public services such as public transportation. To improve the environment and discriminatory reality of disabled people and protect their human rights, the UN Convention is absolutely necessary.

Particularly when considering the following matters,

1. Necessity for Protection of Rights

Even with the existing Universal Declaration of Human Rights, along with international, regional, and national human rights systems and agreements, the reality of disabled people are far from perfect as stated previously.

Korea declared the Human Rights Constitution for Disabled People, recognizing the problem of disability as an official problem. However, no specific actions have been taken to significantly improve human rights, and instead of accepting the self-determination of disabled people or taking responsibility as a government, most policies tend to be temporarily beneficial and residual.

2. Policies of Nations

Establishing the UN Convention and its creation process can become a guide for disability policies in many nations. Particularly for nations with inadequate disability policies.

3. Participation of People with Disabilities, NGOs, and Empowerment

During the actualization of the Convention, people with disabilities and NGOs can be empowered through active participation. People with disabilities can achieve self realization of their rights and social participation, as well as increasing public recognition. Considering this, the activities of UNESCAP can be deemed significant.

IV. Views and inputs on the components and elaboration of on proposed convention :

1. Title

It is agreed that the title of the Convention be concise. The 'Convention on the Rights of Persons with Disabilities' is suggested.

2. Preamble

The Working Group draft emphasized the important issues. However, the preamble should give special interest to the following:

• Recognizing the situation of disabled women, disabled youth, seriously disabled people, disabled people of agricultural and fishing areas or villages, and refugees as they can be the target of discrimination on multiple levels,
• Recognizing the basic freedoms and basic human rights of the disabled person as well as all their associates,
• Ensuring equal rights and opportunities, and emphasize the responsibility and monitoring of the country concerned,
• Recognizing that international cooperation is vital for the enforcement of the Convention and internationally sharing all problems related with disability to find a solution.

3. Purpose

We support the purpose of the Convention stated in the Working Group draft. The purpose of the Convention is to ensure that all human rights and basic freedoms can be enjoyed by all people with disabilities with equality

4. Scope / definitions

It is agreed that important terms should be defined within the Convention. However, it is believed that all definitions should not be separately placed in article 3.

First, the use of certain words in their related articles should be reviewed, and relation to sub-paragraphs within that article should be considered. As this matter can cause difficulties in ratifying the Convention in different nations or areas according to their circumstances, careful consideration is required.

The selection of words to define, the debate on a separate article, and definitions itself will be handled at the AHC. However, perhaps opinions can also be organized around UNESCAP.

In our opinion, if article 3 is to contain definitions, it should most definitely contain the definition of 'Disability'. Other definitions should be elaborated in their related articles.

In support of the social model, 'Disability' is the los or limitation of opportunities to take part in all aspects o community activities and personal life on an equal level with other due to physical, social, attitudinal, and cultural barriers encountered by persons having physical, sensory, psychological, developmental, learning, neurological or other impairment (including the presence in the body of an organism or agent causing malfunction or disease), which may be permanent, temporary, episodic or transitory in nature.

For reference, terms that should be defined in their related articles are :

• Accessibility : Access to social and physical environments, access to public transportation, access to information and communication, all without assistance.
• Associate : Family member, helper, carer, or relative, or advocate for a person with a disability.
• Communication : Includes oral-aural communications, sign language, finger Braille, Braille, alternative modes of communication, including accessible information an communication technology.
• Discrimination on the ground of disability : any distinction, exclusion, restriction on the ground of disability which has the purpose of effect of nullifying or impairing the recognition, enjoyment or exercise of human rights and fundamental freedoms in the political, economics, social, cultural, civil, or any other field.
• Language : Includes oral-aural language and sign language
• Reasonable accommodation : Introduction of necessary and appropriate measures to enable a person with a disability fully to enjoy fundamental rights and freedoms.
• Universal design : Universal Design Measures taken so that people with disabilities can access materials and the environment without special requirements or adaptation.

5. State Parties's obligation

We support the inclusion of a special category to stress the responsibility of the State to uphold the dignity of respect for people with disabilities as stipulated by the convention. This in part urges governments to modify relevant current legal instruments to ensure the implementation of the Convention.

Referring to the 'within the jurisdiction' of the country concerned, although rights may not be ensured to non-citizens, it should be expanded to ensure rights of disabled non-citizens.

6. Guarantee of equality and non-discrimination

We support the Working Group Draft article 7. However, as the definition of direct/indirect discrimination can give rise to various interpretations, categorization is deemed unnecessary. Also, the burden of proving or disproving discrimination should be put upon an enforcement agency or the person accused of discrimination.

'Legitimate aim' and 'reasonable' in Article 7 Paragraph 3 is considered to be overly broad, and it is suggested that this paragraph be removed.

7. Guarantee of specific rights

We support the Working Group Draft. However, there were several concerns in reviewing the following paragraphs,

(1) Draft Article 21 "Right to Health and Rehabilitation

Although it is unnecessary to place the right to health and rehabilitation in separate articles, the terms should be clearly defined. The concept of rehabilitation is not limited simply to health or medical areas, but skills in everyday life, training for these skills, and services of medical, physical, vocational, communication, mental, and social nature.

To elaborate further, a second paragraph should be added to Article 21,

In Paragraph 1, a broad concept of health, encompassing physical, mental, social, and spiritual happiness,

In Paragraph 2, rehabilitation is an important right, including skills for everyday life, employment, education, and social rehabilitation required for empowerment and social integration.

(2) Draft Article 24 (Bis) "International Cooperation"

It is agreed that international cooperation should be contained in a separate article. However, this should not limited to physical assistance between countries, but strive to achieve the purposes of the Convention. Therefore, the following is suggested,

"The country concerned and United Nations should recognize that international cooperation is vital to the enforcement of the Convention, and ensuring the rights and human rights of people with disabilities. Active participation in this matter is required and international cooperation is the promotion of the following on an international, regional, and national level."

• Hold international meetings, conferences, and campaigns concerning the enforcement of the convention and participation of disabled people and NGOs, as well as the country concerned
• Develop projects, programs, policies, and research to promote the rights of people with disabilities
• Share all information, knowledge, technology, resources, and experience of everything disability related between countries, NGOs, and disabled people.
• Endeavor to remove prejudice and increase recognition of disabled people

(3) Draft Article 25 "Monitoring"

For the Convention to be enforced properly, monitoring is vital and continuous interest and concern is required. An international committee fit to deal with this matter should be established within the UN as well. This committee should be independent and open to the public. Periodical reports should be submitted to regulate compliance with the Convention.

The article concerning monitoring should be in accordance with the legislations of various nations. It should contain the authority to compile data and statistics of nations to determine compliance, but with respect for existing human rights regulations. Measures to ensure compliance at the national, NGO, and individual level should exist as well.

A certain period should be allotted to each nation to establish and implement its committee (concerning enforcement of the Convention), depending on the political and cultural environment of the country in question. The role of the committee should also be determined by the country in question.

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