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Article 33 - National implementation and monitoring
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Sixth Session



Report by the Chairman


Draft article 25

155. There was general agreement that the convention needed to include an article on both national and international monitoring.

156. There was general agreement that monitoring mechanisms needed to be effective. This was particularly important because of the lack of effective implementation of the existing rights for persons with disabilities.

157. Secondly, there was agreement that the monitoring provisions of this convention should be at least as good, and preferably better, than those of other treaties. Being the most recent human rights convention it's monitoring provisions will be the most up-to-date and will have the potential to serve as an example for the others

158. The Committee noted the work being done to reform the existing treaty bodies, and the report being prepared by the Office of the High Commissioner on Human Rights for the 7th session of the Ad Hoc Committee. While there was agreement that these would usefully inform the Committee's discussion on monitoring provisions, many delegations also noted that the Committee should not be held hostage by timeframes imposed by the reforms (this work had been going on for many years and might go on for some time yet). The Committee may have to decide on the monitoring provisions of this convention while still waiting for the outcomes of the reform work. It will be important, therefore, to ensure the provisions are flexible enough to take account of later reforms and to come up with language that preserves that approach.

159. Thirdly, there was general support for the involvement and full participation of civil society, both persons with disabilities and their representative organizations, in all levels of the monitoring process.

160. Most delegations were only able to express a preliminary view, and look forward to further discussions next session when they will have had an opportunity to consider the report from the Office of the High Commissioner on Human Rights to this committee, and other proposals.




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