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Article
32 - International cooperation
Background Documents | Article
32 Background
Seventh Session | Sixth Session | Fifth
Session | Fourth Session | Third
Session
Working Group
Working Group
1. The Working Group held a discussion regarding the role of international cooperation
in the light of an international convention for persons with disabilities.
2. It was recognized that the implementation of the Convention will be primarily
a national responsibility. There was agreement that national compliance with
the provisions of the Convention should not be conditional on receiving international
development aid or assistance.
3. In that regard, several members of the Working Group expressed the view that
international cooperation should be considered as an important means to support
national efforts for the realization of the goals and objectives of the Convention
and facilitate its implementation. In that context, a spirit of international
cooperation, solidarity and partnership among States should be reflected in
the Convention.
4. Several members of the Working Group considered that international cooperation
should be analysed in a broad sense, to include elements such as the exchange
of information and best practices, scientific research, training, awareness-raising,
cooperation between organizations of persons with disabilities, the development
of technology, and capacity-building; not interpreting international cooperation
as the transfer of economic resources, economic aid or assistance. International
cooperation should also be carried out in bilateral, regional and other multilateral
forums, including through specialized agencies and financial institutions.
5. Some members expressed particular concern about creating international obligations
with regard to international cooperation, development aid or assistance in the
context of a binding instrument, although they actively engaged in international
cooperation. Other members considered that the issue should not be interpreted
as imposing obligations beyond any other existing model of international cooperation.
6. Some members of the Working Group recognized the challenge for the new century
to incorporate the disability dimension in the mainstream of international cooperation
activities and agreements, in order to contribute to the elimination of discrimination
against persons with disabilities. In that regard, while recognizing that the
major responsibility lay with the recipient countries, some delegations were
of the view that both donor and recipient countries shared the responsibility
for determining how development resources were allocated. Other members did
not agree with that statement.
7. Subject to the provisions agreed for the content of the International Convention
during the negotiations that will take place, the Ad Hoc Committee may wish
to consider the issue of international cooperation, taking into account the
various views and specific texts of proposals that have been presented as contributions
to its work.
8. The Ad Hoc Committee may wish to take into account existing provisions on
international cooperation in other international documents and treaties, such
as:
(a) International Covenant on Economic, Social and Cultural Rights (articles
2(3), 22 and 23);
(b) Convention on the Rights of the Child (preamble and article 4);
(c) The Standard Rules (rule 22);
(d) General Comment No. 5 of the Committee on Economic, Social and Cultural
Rights;
(e) Environmental treaties; the Convention against Corruption; and the Ottawa
Convention on prohibition of landmines, among others.
9. In terms of placement, the following options were considered:
In the preamble;
Among the General Principles;
In the General Obligations;
As a separate article;
As a separate article, along with a provision either in the General Obligations,
in the preamble or In the General Principles.
10. Some members suggested that the issue could be included in the purposes
of the Convention; others rejected that idea.
11. Some members considered that the issue should not be dealt with or included
in the Convention. One expressed the view that the matter of international cooperation
should be considered in the General Assembly.
12. The Working Group agreed that the phrasing of any provision regarding international
cooperation should be careful and balanced in order to avoid misunderstandings
with regard to the views mentioned above, and to clarify the scope of international
cooperation in the context of this Convention.