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AD HOC COMMITTEE ON
AN INTERNATIONAL CONVENTION

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COMPILATION OF PROPOSALS
FOR ELEMENTS OF A CONVENTION

5 January 2004


PART VII.    MONITORING MECHANISMS


Index

PART I. Preamble
PART II. Statement of Objectives and General Principles
PART III. Scope/Definitions
PART IV. General Obligations of States Parties
PART V. Guarantee of Equality and Non-Discrimination
PART VI. Guarantee of Specific Rights
PART VII. Monitoring Mechanisms
I. GENERAL COMMENTS
Governments
     European Union & EU Proposal
     Japan
     New Zealand
National Human Rights Institutions
     African Regional Workshop
     Commonwealth and Asia-Pacific International Workshop
IGOs/Regional Meetings
     Seminar of Quito
     Meeting of Bangkok
     African Regional Consultative Conference
NGOs
     DPI
     European Disability Forum
     IDA
     World Blind Union
     WNUSP
Others/Individuals
     Coalition Eastern Europe
II. SPECIFIC PROPOSALS
Chairman of the Ad Hoc Committee
     Chair's draft
Governments
     China
     India
     Mexico
     Venezuela
IGOs/Regional Meetings
     Seminar of Quito
     Bangkok Draft
NGOs
     DPI Japan
PART VIII. Final/General Provisions

GENERAL COMMENTS

Governments

European Union & EU Proposal:
The issue of the monitoring mechanism will have to be revisited in light of the outcome of negotiations of this convention and the ongoing review of all human rights treaties monitoring mechanisms.

Japan:
(5) Monitoring and Evaluation Mechanism
Japan has no objection to the importance of a monitoring mechanism of international human rights instruments, but it should be treated after the discussions on the contents of substantial provisions, its nature and form of the Convention will be sufficiently deepened. For example, the so-called individual communications procedure is not at the stage of being accepted by every country. Therefore, in order to secure the universality of the Convention, a possible individual communication procedure should be provided as an optional protocol. In case this procedure is included within the Convention, the provision should be an opt-in clause.

New Zealand:
New Zealand supports the considerations and recommendations outlined in the statement from the Bangkok seminar in relation to obligations around appropriate institutions and monitoring processes. In particular, New Zealand wants to restate its support of proper representation of disabled people in all organisations and processes set up in relation to the Convention.

National Human Rights Institutions

African Regional Workshop:
35. The Convention should have an effective monitoring mechanism which includes the possibility of conducting inquiries into systemic violations.

36. The Convention should support the establishment of effective national monitoring mechanisms with due respect to the Principles Relating to the Status of National Institutions (the Paris Principles).

37. Any expert committee established under the Convention should include persons with disabilities.

Commonwealth and Asia Pacific Region International Workshop:
23. The Convention should have an effective monitoring mechanism which includes the possibility of conducting inquiries into systemic violations.

24. Any expert committee established under the Convention should include persons with disabilities.

25. The Convention should include national institutional frameworks to monitor and promote compliance with the Convention, in which NHRIs can play a constructive role.

IGOs/Regional Meetings

Seminar of Quito

recommended to take into account existing approaches in the basic human rights conventions for the elaboration of the Convention's mechanism for evaluation and follow-up.

It principal function would be to consider the national reports presented by States party. Thus, it will be able to analyze the information presented by other relevant actors in civil society, persons with disabilities ad their organization, who, it is suggested, should be invited to participate in its deliberations.

In this context, the receipt of individual communications from persons with disabilities or their representatives should be considered, that allege to be victims of violations, as well as a basic mechanism to receive these communications.

It would be hoped that the members of the Committee would be independent experts with recognized experience in the issue of disability and a high moral authority, preferably persons with disabilities. Their number should be representative to be able to respond efficiently to the mandate that they are given, based on an equitable geographical distribution.

As an innovative element in the field of human rights and based on other international or regional conventions, it is suggested that the meetings of the Conference of States Party should promote cooperation, dialogue, exchange of best practices and the review of specific themes, among others.

The aforementioned should be complementary to the work of the Committee and have the goal of contributing with State efforts to successfully undertake the commitments to which States have contracted.

Meeting of Bangkok

considered that there were a number of international, regional, sub-regional and national level mechanisms that might be used to monitor the implementation of the Convention. The establishment of an independent committee of experts similar to that established under other United Nations human rights treaties was seen as a central component of a Convention, though it was recognized that monitoring also needed to take place at the regional and national levels.

35. The Meeting considered that there should be established a new human rights treaty body, consisting of independent experts in the field of disability, to oversee the implementation by States Parties of the provisions of the Convention. Such a new committee should have a general monitoring function, as well as being empowered to consider allegations of violations of rights where the national system concerned has failed to provide a remedy. Any monitoring system should involve an independent assessment of implementation by State Parties.

36. The committee should perform the functions of reviewing reports submitted by State Parties, have competence to receive individual complaints alleging violations of the rights guaranteed in the convention, and should have the power to initiate an inquiry into the situation in a State Party where it appears that serious or systematic violations of the Convention are occurring. The committee might also be given the competence to consider complaints by one State Party against another alleging violation of obligations under the Convention.

37. Membership of that committee should include persons with disabilities, and ways of involving DPOs in the selection of the members of the committee should be explored. Information concerning the Convention produced by governments and the United Nations should be made available in formats which are available and accessible to all.

38. In addition to the establishment of a new treaty committee, regional intergovernmental organizations should be encouraged to monitor implementation of the rights of persons with disabilities, and existing or future regional human rights charters and mechanisms should expressly incorporate the rights of persons with disabilities. Particular mention was made of the Biwako Millennium Framework monitoring system as having the potential to monitor the implementation of a new Convention and to provide input into the work of a new treaty committee.

African Regional Consultative Conference:

suggests to consider People with disabilities must be involved from inception to final monitoring and evaluation stages of any policies and programmes aimed at addressing their needs. Accountability and transparency as the foundation of good governance also cannot be excluded from the Convention.

NGOs

DPI:

We demand a strong convention-monitoring mechanism informed by the unique perspective of disabled people to ensure the credibility, legitimacy and efficacy of the convention.
If the convention is to be successful, a strong monitoring mechanism must be established to gauge the levels of implementation and provide guidance on best practices. This monitoring mechanism should be empowered to engage all relevant levels, including states, intergovernmental organizations, non-governmental organizations and individuals. The convention should establish a monitoring body. This body, ideally, should be empowered to do the following:

  • Receive and assess regular reports from states parties, with no more than five years between reports.
  • Have authority to receive inter-state, non-governmental organization and individual complaints.
  • Have authority to conduct investigations into alleged abuses of human rights.
  • Have authority to call upon other members of the UN family to assist in producing reports and studies addressing human rights in the context of disability.

Any monitoring mechanism for the convention must be fully informed by disability and human rights expertise. Disabled people are the experts regarding our situation and it is therefore crucial that any monitoring body established under the convention include a majority of disabled people in its composition.

European Disability Forum:

The Convention should also provide for a monitoring and enforcement mechanism that is comparable to the existing human rights treaties. The new Convention shall not be a second-class treaty, but should have monitoring mechanisms that represent the latest developments in international law.

A Treaty monitoring body, including a majority of persons with disabilities, will play a vital role in giving content to the Convention. The obligation for Member States to present periodic reports, as well as the possibility for individuals and representative NGOs to present individual complaints should be another feature of the Convention. The establishment of technical bodies to provide guidance on certain issues might also be foreseen in the future Convention in the areas of, for example, accessibility to the built environment and information technologies.

IDA:

IV: Monitoring Mechanism

Since the Disability Convention shall be a human rights instrument the monitoring mechanism should be similar to that for the existing six core Human Rights Treaties (especially CEDAW and CRC). This will entail state reports, complaint mechanisms (individual/group and state), NGO involvement and investigation powers of the treaty monitoring body. In addition the monitoring process should have the benefit of the involvement of the Special Rapporteur and the panel of experts throughout the monitoring process.

World Blind Union:

Stage 2

Adoption of a monitoring process to establish current deficits in the rights of disabled people, compared with the provisions of the Convention. This stage to be completed within three years of the completion of Stage 1. The monitoring is to be organised and undertaken internally by the United Nations High Commission for Human Rights, (UNHCHR) which should set up a secretariat dedicated to this purpose. A panel of advisers in which international organisations of disabled people are represented should serve this secretariat. Disabled people themselves must work in the monitoring agency and serve on the advisory panel. The results of the monitoring process are to be published.

Stage 3

States' governments are to discuss the results of the monitoring process with the national organisations representing the interests of disabled people, with the objective of preparing an agreed Plan of Action to bring the rights of disabled people within the Member States up to the standard of the Convention. Those rights considered by the organisations of disabled people to be most important should be accorded a high priority for implementation. The Plan of Action will identify the resources required to implement the introduction of each right and the time scale for full implementation.

Stage 4

Five years after the publication of the monitoring process, the appropriate UN body as described in stage 2, will assess progress in relation to the plan of action. Its findings will be published and made available internationally. The body undertaking this work will use a standard of assessment, based on the provisions of the UN Convention, that will be applied to all signatory States. This process will incorporate the views of the organisations of disabled people in the Member States and be repeated every five years, so that continuous progress can be evaluated.

Stage 5

When the result of the external monitoring is known, the Member States will consult with their organisations of disabled people to review and revise the Plan of Action. This consultation and review will be repeated after each external assessment has been undertaken.

Stage 6

Once the monitoring established at stage 3 indicates that the Member State has attained the rights standards of the Convention, it will be required to present reports every 2 years, showing how it is upholding the rights established in the Convention. This report will then be analysed by the relevant UN body as described in stage 2. From this stage, the procedure is thus similar to the one used in the Convention on the Rights of the Child.

Disabled people, either as individuals or through their representative organisations, will be given recourse to lodge complaints about alleged infringements of their rights under the Convention. If settlement is not reached to the satisfaction of both parties at a national level, there will be an option to lodge complaints to the dedicated UNHCHR Convention secretariat. As the final authority, it is the responsibility of this secretariat to investigate these complaints.

WNUSP:

Implementation and Monitoring

WNUSP advocates a comprehensive monitoring mechanism to include state reports, complaint mechanisms (collective and individual), participation by NGOs, and investigatory powers for the treaty body, as well as a special rapporteur and panel of experts. We also believe that a conference of states parties for the purpose of cooperation in mainstreaming disability in their development and policymaking could be beneficial so long as people with disabilities are involved through their NGOs and otherwise. These are all measures which have been proven useful in monitoring and implementation of other instruments.

The monitoring committee should be composed of a diverse group of experts to be chosen from among people with disabilities who are leaders of national disability organizations or have otherwise demonstrated their competence in the promotion and protection of the rights of people with disabilities.

People with disabilities will also need to be centrally and influentially involved in national institutions overseeing monitoring and implementation of the convention.

Submission December 2003

Reports concerning provisions which are not accepted

States parties shall send to the Committee, at appropriate intervals as requested by the Committee, reports relating to substantive provisions which they did not accept at the time of ratification or subsequent notification. The Committee shall determine from time to time in respect of which provisions such reports shall be requested and the form of the reports to be provided.

OTHERS/INDIVIDUALS

Coalition Eastern Europe:
The monitoring mechanism

The monitoring process should be put into effect both through the national monitoring process and through international monitoring mechanisms.

The national monitoring process should be the responsibility of State Parties who should undertake continuous monitoring and evaluation of national programmes and services concerning the equal opportunities for people with disabilities. In doing so, State Parties should carry out their obligation to appoint an independent national authority for monitoring the finances from budgetary or/and extra-budgetary resources assigned to persons with disabilities. The independent national authorities should comprise a panel of independent experts with relevant and extensive experience in disability issues funded by extra-budgetary resources from different projects organised by the specialised agencies of the United Nations. These independent national authorities shall prepare reports and present them annually to the specialised agencies of the United Nations.

The purpose of the international monitoring mechanism is to guarantee effective implementation of the Convention, to identify obstacles and suggest suitable measures that would contribute to a successful outcome. It will assist each State Party in assessing its level of implementation of the Convention and in measuring its progress. State Parties should participate in international co-operation in order to develop common standards for national evaluation in the disability field and to ensure that the rights and needs of people with disabilities are included in all relevant policy-making and national planning.


SPECIFIC PROPOSALS

Chairman of the Ad Hoc Committee

Chair's Draft:

MODEL A
(NATIONAL LEVEL REPORTING; REPORTING UNDER EXISTING HUMAN RIGHTS TREATIES AND INTERNATIONAL OMBUDSPERSON)

Part V
Implementation and monitoring of the convention

Article 29 bis
(This article is intended to replace the Article 29 contained in the Chair's Draft Elements of a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities (15 December 2003),
available in English at http://www.un.org/esa/socdev/enable/rights/wgcontrib-chair1.htm)

National implementation framework

1. Each State Party shall maintain, designate or establish, at the latest one year after the entry into force of this Convention for that State Party an independent national institution to monitor, promote and enforce compliance with this Convention. This should be an independent national institution:

(d) which operates in accordance with the Paris Principles;
(e) which has been established in consultation with persons with disabilities and organizations representing persons with disabilities; and
(f) which is structured so as to facilitate the involvement on an ongoing basis of persons with disabilities in the formation of the national institution's policies and processes.

2. Each State Party shall ensure that the national institution has the functions and powers and resources necessary to monitor implementation for the Convention, including the power to:

(a) to receive and consider complaints from individuals who claim that their rights guaranteed by the Convention have not been observed;
(b) to undertake inquiries into the operation of domestic law and practice and their consistency with the Convention and to make recommendations as to the steps necessary to implement fully the Convention;
(c) to engage in educational and other activities in the field of disability; and
(d) to act as an advocate for persons and groups with disabilities, including by appearing in proceedings before courts and tribunals in appropriate cases.

Article 30
National reporting on the implementation of the Convention

1. For the purposes of this article, "responsible body" means a Government ministry or department, a national institution with responsibility for disability issues, a national human rights institution, or other appropriate body formally assigned this responsibility of preparing the reports referred to in this article.

2. Each State party shall, at the time it deposits its instrument of ratification or accession, designate the body which will be the responsible body for the purposes of this Convention.

3. Each State party undertakes to ensure that the responsible body prepares a report on the implementation of the Convention within its jurisdiction within two years of the entry into force of the convention for that State party, and thereafter every 3 years.

4. The responsible body shall submit its report to the national legislature for consideration, as well as to other appropriate public bodies, for consideration in accordance with applicable procedures, together with material submitted by other public and private organisations on the implementation of the Convention.

Article 31
Disability Ombudsperson

1. There shall be a United Nations Disability Ombudsperson.

2. The Secretary-General shall appoint the Disability Ombudsperson no later six months after the entry into force of this Convention, after consultation with disability groups and other relevant groups.

3. The term of office of the Disability Ombudperson shall be three years, and may be renewed only once.

4. The Disability Ombudsperson shall:

  1. promote the full enjoyment of all human rights by persons with disabilities by means of advocacy, awareness-raising, the provision of technical assistance and other appropriate activities;
  2. promote the implementation of this Convention by appropriate activities at the international and national level, including by working with United Nations human rights treaty bodies and other mechanisms to encourage them to integrate fully in their work the human rights of persons with disabilities;
  3. may receive and respond to communications by individuals or groups concerning alleged violations of the human rights of persons with disabilities, and may raise such allegations with the States Parties concerned;
  4. may represent a person with a disability or a group of such persons in submitting a communication or complaint alleging the violation of their human rights under any procedures established under United Nations human rights treaties or similar procedures established by the specialised agencies, as well as in any follow-up actions under those procedures; and
  5. shall carry out such other functions as are conferred on the office of Disability Ombudperson by the General Assembly.

5. The Disability Ombudsperson shall present an annual report on his or her work to the General Assembly of the United Nations.

Article 32
Reporting on disability issues under other United Nations human rights treaties

States Parties to this Convention undertake to include in their reports submitted pursuant to the provisions of other United Nations human rights treaties, and in accordance with the applicable guidelines, detailed information on the measures they have adopted to give effect to the full enjoyment of human rights by persons with disabilities and the progress made in the implementation of the provisions of this Convention.

Model B
(ESTABLISHMENT OF NEW HUMAN RIGHTS TREATY BODY WITH REPORTING PROCEDURES, INDIVIDUAL COMMUNICATIONS PROCEDURE AND INQUIRY PROCEDURE)

PART V
Application of the Convention

Article 29 bis
(This article is intended to replace the Article 29 contained in the Chair's Draft Elements of a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities (December 2003))

National implementation framework

1. Each State Party shall maintain, designate or establish, at the latest one year after the entry into force of this Convention for that State Party an independent national institution to monitor, promote and enforce compliance with this Convention. This should be an independent national institution:

(a) which operates in accordance with the Paris Principles;
(b) which has been established in consultation with persons with disabilities and organizations representing persons with disabilities; and
(c) which is structured so as to facilitate the involvement on an ongoing basis of persons with disabilities in the formation of the national institution's policies and processes.

2. Each State Party shall ensure that the national institution has the functions and powers and resources necessary to monitor implementation for the Convention, including the power to:

(e) to receive and consider complaints from individuals who claim that their rights guaranteed by the Convention have not been observed;
(f) to undertake inquiries into the operation of domestic law and practice and their consistency with the Convention and to make recommendations as to the steps necessary to implement fully the Convention;
(g) to engage in educational and other activities in the field of disability; and
(h) to act as an advocate for persons and groups with disabilities, including by appearing in proceedings before courts and tribunals in appropriate cases.

Article 30 bis
Establishment of Committee

1. For the purpose of reviewing the implementation of this Convention, there shall be established a Committee on the Human Rights of Persons with Disabilities (hereinafter referred to as "the Committee");

2       (1) The Committee shall comprise ten experts of high moral standing, impartiality and with a recognized competence in the fields covered by the Convention. The members of the Committee shall:

(a) include a majority of members with disabilities;
(b) comprise an equal number of women and men members ;
(c) not hold any position which is incompatible with the appearance of independence and impartiality which is expected of the Committee; and
(d) serve in their individual capacity as independent experts.

        (2) No more than one national of any State may serve on the Committee at any one time.

3. Members of the Committee shall be elected by secret ballot by the States Parties as follows:

(a)      (i) Five members of the Committee shall be elected from a list of persons nominated by States Parties; and
          (ii) the other five members shall be elected from a list of no fewer than ten persons nominated by the UN High Commissioner for Human Rights [on the recommendation of the United Nations Disability Ombudsperson] (This article is intended to replace the Article 29 contained in the Chair's Draft Elements of a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities (December 2003)), after consultation with representative disability and other appropriate groups.

4. In the nomination and election of members of the Committee, due consideration should be given to the candidates' experience of disability, equitable geographical distribution, and to the representation of the principal legal systems.

5. Each State Party may nominate one person from among its own nationals, chosen from a list of individuals proposed by organizations of persons with disabilities in that State. If no individuals are nominated by organizations of persons with disabilities in a State Party, the State Party may select a nominee, wherever possible in consultation with organizations of persons with disabilities or other appropriate groups.

.5. The initial election and subsequent elections shall be conducted in accordance with rules of procedure adopted by the States Parties in order to give effect to the provisions of this article.

6. The initial election shall be held no later than six months after the date of the entry into force of this Convention and subsequent elections every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to all States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons nominated, indicating the States Parties that have nominated them, and shall submit it to the States Parties not later than one month before the date of the corresponding election, together with a separate list in alphabetical order of persons nominated by the UN High Commissioner for Human Rights [on the recommendation of the Disability Ombudsperson], and the curricula vitae of all nominees.

6. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum.

7. The members of the Committee shall serve for a term of four years. However, the terms of five of the members elected in the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties;

8. The members of the Committee shall be eligible for re-election if renominated, but no person may serve more than two full terms on the Committee.

9      (1) If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee:

(a) where the expert was nominated by a State Party, that State Party, shall appoint another expert from among its own nationals for the remaining part of the term; and
(b) where the expert was nominated by the [UN High Commissioner for Human Rights] [Disability Ombudsperson], the [UN High Commissioner for Human Rights] [Disability Ombudsperson] shall appoint another expert for the remaining part of the term.

       (2) New appointments are subject to the approval of the Committee.

10. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.

11. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide.

12. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 31 bis
Reporting by States Parties

1. States Parties undertake to submit to the Secretary-General of the United Nations for consideration by the Committee a report on the legislative, judicial, administrative and other measures they have taken to give effect to the provisions of the present Convention.

2. States Parties shall submit an initial report within one year of the entry into force of the Convention for the State Party concerned and thereafter every 5 years or whenever the Committee so requests.

3. Reports prepared under the present article shall also indicate factors and difficulties, if any, affecting the implementation of the Convention in the State Party concerned, and shall be prepared with extensive and wide-ranging consultation with organizations of persons with disabilities.

4. The Committee shall adopt any further guidelines relating to the to the content of the reports which it considers appropriate.

5. Each State Party shall make its reports widely available to the public in their own countries in local languages and in accessible formats no later than when it submit each report to the Secretary-General.

Article 32 bis
Consideration of reports

1. The Committee shall examine the reports submitted by each State Party and shall transmit such comments and recommendations as it considers appropriate to the State Party concerned. This State Party may submit to the Committee observations on any comment or recommendation made by the Committee in accordance with the present article. The Committee may request supplementary information from States Parties when considering these reports.

2. The Committee shall invite representatives of States Parties to participate in its consideration of the report. Where a State Party is significantly overdue with the submission of its report, the Committee may consider the situation in that State Party in the absence of a report.

3. The Committee may also adopt such general comments as it sees fit, and may also address recommendations to the United Nations and other bodies as it considers appropriate.

4. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to the specialized agencies as well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence.

5. The Committee shall request the specialized agencies and organs of the United Nations, regional commissions of the United Nations, as well as intergovernmental organizations and other concerned bodies to submit, for consideration by the Committee, written information on such matters dealt with in the present Convention as fall within the scope of their activities.

6. The Committee may invite representatives of specialized agencies and organs of the United Nations, as well as of intergovernmental organizations, to be present and to be heard in its meetings whenever matters falling within their field of competence are considered.

7 The Committee may seek technical assistance from the specialized agencies of the United Nations and other relevant bodies to assist it in its consideration of the reports of States Parties.

8. The Committee may invite representatives of non-governmental organizations with expertise in the field of disability issues or other relevant fields to submit relevant information to the Committee to assist it in its work and to be present and to be heard in its meetings.

10. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Convention, containing its own considerations and recommendations, based, in particular, on the examination of the reports and any observations presented by States Parties.

11. The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to the present Convention, the Economic and Social Council, the Commission on Human Rights of the United Nations, the Commission on Social Development of the United Nations and other relevant organizations.

Article 33
Administration of the Committee

1. The Committee shall adopt its own rules of procedure.

2. The Committee shall elect its officers for a term of two years.

3. The Committee shall meet for such time as is necessary for it to undertake its work, and this shall involve at least one meeting every year.

4. The meetings of the Committee shall be held at United Nations Headquarters and such other locations as the Committee considers appropriate.

Article 34
Acceptance of competence of the Committee to receive individual communications

1. A State Party to the Convention may at any time declare under the present article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim that their individual rights as established by the present Convention have been violated by that State Party.

2. Communications may be submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, claiming to be victims of a violation of any of the rights set forth in the Convention by that State Party. Where a communication is submitted on behalf of individuals or groups of individuals, this shall be with their consent unless the author can justify acting on their behalf without such consent.

3. Communications shall be in writing and shall not be anonymous. No communication shall be received by the Committee if it concerns a State Party to the Convention that has not made a declaration under article [34].

Article 35
Exhaustion of domestic remedies and admissibility conditions

1. The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted, unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief. In deciding whether domestic remedies are available or have been exhausted, the Committee may take into account the particular difficulties which may face persons with disabilities in exercising their legal rights.

2. The Committee shall declare a communication inadmissible where:

(a) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;
(b) It is incompatible with the provisions of the Convention;
(c) It is manifestly ill-founded or not sufficiently substantiated;
(d) It is an abuse of the right to submit a communication;
(e) The facts that are the subject of the communication occurred prior to the entry into force of the individual communications under the Convention for the State Party concerned unless those facts continued after that date.

Article 36
Requests for interim measures

1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation.

2. Where the Committee exercises its discretion under paragraph 1 of the present article, this does not imply a determination on admissibility or on the merits of the communication.

Article 37
Transmission of communication to State Party

1. Unless the Committee considers a communication inadmissible without reference to the State Party concerned, and provided that the individual or individuals consent to the disclosure of their identity to that State Party, the Committee shall bring any communication submitted to it under the present Convention confidentially to the attention of the State Party concerned.

2. Within three months, the receiving State Party shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been provided by that State Party.

Article 38
Consideration of communications, adoption of views and follow-up

1. The Committee shall consider communications received under this Convention in the light of all information made available to it by or on behalf of individuals or groups of individuals and by the State Party concerned, provided that this information is transmitted to the parties concerned.

2. The Committee shall hold closed meetings when examining communications under the individual communications procedure.

3. After examining a communication, the Committee shall transmit its views on the communication, together with its recommendations, if any, to the parties concerned.

4. The State Party shall give due consideration to the views of the Committee, together with its recommendations, if any, and shall submit to the Committee, within six months, a written response, including information on any action taken in the light of the views and recommendations of the Committee.

5. The Committee may invite the State Party to submit further information about any measures the State Party has taken in response to its views or recommendations, if any, including as deemed appropriate by the Committee, in the State Party's subsequent reports under article [31 bis] of the Convention.

Article 39
Inquiry procedure

1. If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in the Convention, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned.

2. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory.

3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations.

4. The State Party concerned shall, within six months of receiving the findings, comments and recommendations transmitted by the Committee, submit its observations to the Committee.

5. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings.

Article 40
Follow-up to report of inquiry

1. The Committee may invite the State Party concerned to include in its report under article [31 bis] of the Convention details of any measures taken in response to an inquiry conducted under article [39] of the Convention.

2. The Committee may, if necessary, after the end of the period of six months referred to in the preceding article, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.

Article 41
Provision for State Party to opt out of inquiry procedure

1. A State Party may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article [39] of the Convention.

2. Any State Party having made a declaration in accordance with paragraph 1 of the present article may, at any time, withdraw this declaration by notification to the Secretary-General.

Article 42
Protection against retaliation

A State Party shall take all appropriate steps to ensure that individuals under its jurisdiction are not subjected to ill treatment or intimidation as a consequence of communicating with the Committee pursuant to the Convention.

Article 43
Annual report of the Committee

The Committee shall include in its annual report under article [31 bis] of the Convention a summary of its activities under the individual communications procedure and the inquiry procedure.

Governments

China:
Article 15

  1. For the purpose of reviewing the progress of the States Parties in implementing its obligations specified in the Convention, a Committee of Experts on the Rights of Persons with Disabilities (hereinafter called "the Experts Committee") shall be established, the functions of which shall be as set forth below.
  2. The Committee shall consist of 18 experts of high moral standing and recognized competence in the area of protection and promotion of the rights and dignity of persons with disabilities, these experts shall be elected by States Parties and serve in their personal capacity; the election of such experts shall have full account of demographic, geographic situation, various development levels and types of disabilities.
  3. Members of the Experts Committee shall be elected by secret ballots from a list of persons nominated by States Parties. Each State Party may propose one person from its own nationals.
  4. The initial election of the Experts Committee shall be held, at the latest, six months following the dated on which the Convention enters into force. At least four months prior to the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within a period of three months. The Secretary-General shall prepare a list, in alphabetical order, of all the persons nominated, indicating the States Parties that proposed them, and shall send it to the States Parties.
  5. The election of the Experts Committee members shall be held at a meeting of the States Parties convened by the Secretary-General and held at United Nations Headquarters. At that meeting, for which a quorum shall be constituted by the attendance of two thirds of the States Parties, those candidates who obtain the highest number of votes and an absolute majority of votes of the representatives of States Parties present and voting shall be considered elected to the Experts Committee.
  6. Experts Committee members shall serve for a term of four years. They may be re-elected if their candidature is put forward again. Notwithstanding, the mandate of 9 of the members elected in the first round shall expire after the period of two years. Immediately following the initial election, the Experts Committee chairperson shall chose the names of these 9 persons by lot.
  7. In order to fulfill casual vacancies, the State Party whose expert has terminated his or her functions as an Experts Committee member shall appoint another member from among its nationals, subject to the approval of the Experts Committee.

Article 16
The main functions of the Experts Committee are as set forth below.

  1. The Experts Committee shall evaluate the national reports submitted annually by States Parties on the progress and difficulties in implementing this Convention.
  2. The Experts Committee shall make general proposals to State Parties on further advancing the implementation of this Convention.
  3. The Experts Committee shall invite specialized agencies, administrative departments and non-governmental organizations to participate in the research on the implementation of the Convention.
  4. The Experts Committee shall invite special bodies and other organizations of the United Nations to propose reports on implementation of the Convention out of their specific mandates and on their work area;
  5. The Experts Committee may suggest areas of cooperation among States Parties, and between these and the specialized agencies and other competent organs, that will facilitate implementation of this Convention. To that end, the Experts Committee shall make its recommendations to the Secretary-General of the United Nations.
  6. The Experts Committee may seek technical assistance from the United Nations organs at any stage of the report evaluation process or during the implementation of its final recommendations.

Article 17

  1. The Experts Committee shall elect its Bureau for a period of two years. Members of the Bureau may be re-elected for a further two-year period.
  2. The Experts Committee shall establish its own rules of procedure.
  3. The Experts Committee shall normally meet at the United Nations headquarter annually for a period not exceeding two weeks to evaluate reports submitted in compliance with the item one of article 18 of this Convention.
  4. The Secretary-General of the United Nations shall provide the personnel and services necessary for the effective performance of the functions of the Experts Committee under this Convention.
  5. Considering the importance of the functions of the Experts Committee and subject to the approval of the General Assembly of the United Nations, the members of the Committee shall receive emoluments from United Nations funds in a manner and under conditions to be determined by the General Assembly.

Article 18

  1. States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Experts Committee, a report on the legislative, judicial, administrative or any other measures they have adopted to give effect to the provisions of this Convention.
  2. The reports submitted by States Parties must specify progress achieved and difficulties affecting fulfillment of their obligations under the present Convention. They must likewise contain sufficient information on difficulties encountered in its implementation.
  3. States Parties shall submit their initial report for consideration by the Experts Committee within two years following the entry into force of this Convention, thereafter submit periodic reports every four years.

India:

Article 16: Monitoring Mechanism

For the purpose of examining the progress made by the States in achieving the realization of the obligations undertaken in the present convention and especially to end all the discriminations against persons with disabilities and to guarantee full respect of their human rights, there shall be established a Committee on the Rights of persons with disabilities within each State, which shall carry out the functions, without infringing the sovereign rights of State Parties, as follows:-

  1. Evaluate the national reports submitted periodically on the progress and problems encountered in implementing this Convention.
  2. Make recommendations of a general nature to the State Parties to further advance the implementation of this Convention.
  3. Invite specialized bodies, other competent agencies and non-governmental organisations to participate in studying the implementation of this Convention.

Mexico:

Article 19

  1. The object of the Conference of States Parties (hereinafter, "the Conference") shall be to:
    1. Evaluate the operation and status of this Convention.
    2. Promote international cooperation and assistance, as provided for in the previous Article.
    3. Consider the recommendations and suggestions put forward by the Committee of Experts.
    4. Elaborate a final report on the agreements reached at the Conference and submit it to the Secretary General of the United Nations.
  2. The first Conference shall be convened by the Secretary General within a period of one year following the entry into force of this Convention. Subsequent meetings shall be convened by the Secretary General every three years, or whenever he deems necessary, and shall be held at the headquarters of the United Nations.
  3. The Conference shall establish its own rules of procedure which, among other, shall stipulate that:
    1. Two thirds of the States Parties shall constitute quorum. b) Conference decisions shall be adopted by a majority of votes from the members present.
  4. States not Party to this Convention, specialized bodies and competent agencies of the United Nations system, and regional and non-governmental organizations may be invited to attend these meetings as observers, in accordance with the agreed rules of procedure.
  5. The Secretary General shall provide the resources, personnel, and services required to hold the Conferences of States Parties.

Article 20

In order to monitor the implementation of this Convention, a Committee of Experts on the Rights of Persons with Disabilities (hereinafter, "the Committee") shall be established, the functions of which shall be as follows:

  1. Evaluate the national reports submitted periodically by States Parties on the progress and problems encountered in implementing this Convention.
  2. Make recommendations of a general nature to States Parties to further advance the implementation of this Convention.
  3. Invite specialized bodies, other competent agencies, and non-governmental organizations to participate in studying the implementation of this Convention.
  4. The Committee may invite specialized bodies and other agencies of the United Nations to submit reports on the implementation of the provisions of this Convention which apply to their particular sphere of competence.
  5. Identify areas of cooperation among States Parties, and between these and specialized bodies and competent agencies that facilitate implementation of this Convention. To this end, the Committee shall submit its recommendations to the Conference.
  6. The Committee may recommend technical assistance from United Nations agencies at any stage of the report evaluation process or during the implementation of its final recommendations.
  7. Submit an annual report to the United Nations General Assembly on its activities pursuant to this Convention and make suggestions and recommendations based on the study of the reports and data provided by States Parties.

Article 21

  1. States Parties undertake to submit to the Secretary General of the United Nations, to be examined by the Committee, a report on the legislative, judicial, administrative, or any other measures they have adopted to give effect to the provisions of this Convention.
  2. Reports submitted by States Parties must specify advances as well as limitations affecting the degree of fulfillment of the obligations under the present Convention. They must likewise contain sufficient information regarding difficulties encountered in its implementation.
  3. In their periodic reports, States Parties commit to include a chapter on the situation of persons with multiple disabilities and groups of disabled persons that are vulnerable to multiple or aggravated discrimination. They must also specify steps taken by the State Party to deal with their particular situation.
  4. States Parties shall submit their reports for evaluation by the Committee within a term of two years following the entry into effect of this Convention for the State Party in question, and, thereafter, every four years, or whenever requested by the Committee.

Article 22

  1. The Committee shall consist of 12 experts (men and women) chosen from among prominent national leaders of organizations of persons with disabilities, scholars, specialists, scientists, and doctors of recognized high moral integrity and competence in the protection and promotion of the rights and dignity of persons with disabilities and who shall serve in their personal capacity. These experts shall be elected by States Parties, taking into consideration an equitable geographic distribution and specialization in the different types of disabilities.
  2. Members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may propose one person from among its own nationals.
  3. Committee members shall be elected at biennial meetings of the States Parties convened by the Secretary General of the United Nations and held at the latter's headquarters. At these meetings, quorum for which shall be constituted by the attendance of two thirds of the States Parties, candidates to the Committee shall be considered elected based on the highest number of votes and on absolute majority of votes from States Parties' representatives present and voting.
  4. The initial election shall be held, at the latest, six months following the date of the first Conference and, thereafter, every two years. At least four months prior to the date of each election, the Secretary General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within a period of three months. The Secretary General shall then prepare a list, in alphabetical order, of the persons nominated, indicating the States Parties they were proposed by, and notifying States Parties to the present Convention.
  5. Committee members shall be elected for a period of four years. They may be reelected, if their candidatures are put forward once again. Notwithstanding, the mandate of six of the members elected in the first round shall expire after a period of two years. Immediately following the initial elections, the Committee chairperson shall chose the names of these six persons by lot.
  6. In order to cover unexpected vacancies, the State Party whose expert has terminated his/her functions as a Committee member may appoint another expert from among its own nationals, subject to the approval of the Committee.

Article 23

  1. The Committee shall elect its Board for a period of two years. Members of the Board may be reelected for a like period.
  2. The Committee shall establish its own rules of procedure.
  3. The Committee shall normally meet annually at United Nations headquarters for a period not to exceed two weeks to evaluate reports submitted in compliance with the previous Article. The duration of these meetings shall be determined and, if necessary, subject to review by the Conference of the Parties.
  4. The Secretary General of the United Nations shall provide the resources, personnel, and services necessary for the effective performance of the functions of the Committee, under the present Convention.
  5. Mindful of the importance of the functions of the Committee and subject to prior approval of the United Nations General Assembly, the members of the Committee shall receive emoluments from United Nations resources on such terms and conditions determined by the Assembly.

Article 24

A State Party to this Convention may, at any time, declare that it recognizes the competence of the Committee to receive and consider communications submitted by persons subject to its jurisdiction or, on their behalf, claiming to be victims of a violation by the State Party of any of the rights set forth in this Convention. The Committee will not accept any communication relating to a State Party which has not made this declaration.

Venezuela:

Article 23

Monitoring Committee

  1. In order to monitor the implementation of this Convention, a Committee of Experts on the Rights of Persons with Disabilities (hereinafter called "the Committee") shall be established, the functions of which shall be as set forth below. The Committee shall consist of 12 experts of high moral standing and recognized competence in the area of protection and promotion of the rights and dignity of persons with disabilities, serving in their personal capacity.
  2. Members of the Committee shall be elected by secret ballot from a list of persons nominated by States parties. Each State party may propose one person from among its own nationals.
  3. The initial election shall be held, at the latest, six months following the date on which the Convention enters into force. At least six months prior to the date of each election, the Secretary-General of the United Nations shall address a letter to the States parties inviting them to submit their nominations within a period of three months. The Secretary-General shall prepare a list, in alphabetical order, of all the persons nominated, indicating the States parties that proposed them, and shall send it to the States parties.
  4. Committee members shall be elected at a meeting of the States parties convened by the Secretary-General and held at United Nations Headquarters. At that meeting, for which a quorum shall be constituted by the attendance of two thirds of the States parties, those candidates who obtain the highest number of votes and an absolute majority of votes of the representatives of States parties present and voting shall be considered elected to the Committee.
  5. Committee members shall be elected for a period of four years. They may be re-elected if their candidature is put forward again.
  6. In order to fill casual vacancies, the State party whose expert has terminated his or her functions as a Committee member shall appoint another member from among its nationals, subject to the approval of the Committee.

Article 24

Functions of the Committee

  1. The Committee's functions shall be to evaluate the national reports submitted annually by States parties on the progress and difficulties in implementing this Convention and make specific recommendations to States parties, specialized agencies and other competent organs further to advance the implementation of this Convention.
  2. The Committee shall identify areas of cooperation among States parties, and between these and the specialized agencies and other competent organs, that will facilitate implementation of this Convention. To that end the Committee, after evaluating the national reports, shall transmit its recommendations to the States parties and to the representatives of the specialized agencies and other competent organs.
  3. The Committee may transmit to the specialized agencies and other competent organs, reports of States parties that contain requests for financial and technical assistance, together with the Committee's observations and suggestions.
  4. In order to identify progress and difficulties in implementing this Convention and make specific recommendations to States parties, specialized agencies and other competent organs, the Committee shall invite the specialized agencies, other competent organs and non-governmental organizations to participate in studying the implementation of this Convention and to make recommendations thereon.
  5. The Committee may seek technical assistance from United Nations organs at any stage of the report evaluation process or during the implementation of its final recommendations.
  6. The Committee shall submit an annual report to the States parties and to the General Assembly of the United Nations on its activities pursuant to this Convention.

Article 25

Functioning of the Committee

  1. The Committee shall elect its Bureau for a period of two years. Members of the Bureau may be re-elected for a further two-year period.
  2. The Committee shall establish its own rules of procedure, which shall stipulate the following, inter alia:

    Eight members shall constitute a quorum;
    Decisions of the Committee shall be taken by a majority of members present and voting.

  3. The Committee shall normally meet annually for a period not exceeding two weeks to evaluate reports submitted in compliance with article 26 of this Convention.
  4. The Secretary-General of the United Nations shall provide the personnel and services necessary for the effective performance of the functions of the Committee under this Convention.
  5. Considering the importance of the functions of the Committee and subject to prior approval of the General Assembly of the United Nations, the members of the Committee shall receive emoluments from United Nations funds in a manner and under conditions to be determined by the Assembly.

Article 26

Reports of States parties

  1. States parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or any other measures they have adopted to give effect to the provisions of this Convention.
  2. Reports submitted by States parties must specify progress achieved and difficulties affecting fulfilment of their obligations under the present Convention. They must likewise contain sufficient information on difficulties encountered in its implementation.
  3. States parties shall submit their reports for consideration by the Committee:

    within one year following the entry into force of this Convention for the State party in question;
    thereafter, every year or whenever requested by the Committee.

  4. In their periodic reports, States parties undertake to include a chapter on the situation of children, women and older persons with disabilities and on the steps taken to deal with their particular situation, including special measures to provide them with equal access to education and employment, health services and social security and to ensure their participation in all areas of economic, social and cultural life.

IGO/Regional meetings

Seminar of Quito:
suggested changes and additions to article 19 of the Mexican text:

Suggested Title: Conference of States Party

  1. The object of the Conference of States Parties (hereinafter, "the Conference") shall be to:
    1. Promote international cooperation and assistance, as provided for in the previous Article.

Bangkok Draft:

Article 37 Establishment of Committee

  1. For the purpose of reviewing the implementation of this Convention, there shall be established a Committee on the Protection of the Rights of Persons with Disabilities (hereinafter referred to as "the Committee");
  2. The Committee shall consist, at the time of entry into force of this Convention, of [10], [12], [18] experts of high moral standing, impartiality and shall have a recognized competence in the field covered by the Convention. These Committee shall:
    1. include a majority of members with disabilities;
    2. comprise an equal number of women and men members ;
    3. not hold any position which is incompatible with the appearance of independence and impartiality which is expected of the Committee; and
    4. serve in their individual capacity as independent experts.
  3. Members of the Committee shall be elected by secret ballot by the States Parties from a list of persons nominated by the States Parties, due consideration being given to equitable geographical distribution, experience of disability, , and to the representation of the principal legal systems.
  4. Each State Party may nominate one person from among its own nationals, chosen from a list of individuals proposed by organizations of persons with disabilities in that State. If no individuals are nominated by organizations of persons with disabilities in a State Party, the State Party may select a nominee, wherever possible in consultation with organizations of persons with disabilities or other appropriate groups.
  5. The initial election shall be held no later than six months after the date of the entry into force of this Convention and subsequent elections every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to all States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties that have nominated them, and shall submit it to the States Parties not later than one month before the date of the corresponding election, together with the curricula vitae of the persons thus nominated.
  6. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the States Parties present and voting.
  7. The members of the Committee shall serve for a term of four years. However, the terms of five of the members elected in the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties;
  8. The members of the Committee shall be eligible for re-election if renominated, but no person may serve more than two full terms on the Committee.
  9. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party that nominated the expert shall appoint another expert from among its own nationals for the remaining part of the term. The new appointment is subject to the approval of the Committee.
  10. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.
  11. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide.
  12. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 38 Reporting by States Parties

  1. States Parties undertake to submit to the Secretary-General of the United Nations for consideration by the Committee a report on the legislative, judicial, administrative and other measures they have taken to give effect to the provisions of the present Convention.
  2. States Parties shall submit an initial report within one year of the entry into force of the Convention for the State Party concerned and thereafter every 5 years or whenever the Committee so requests.
  3. Reports prepared under the present article shall also indicate factors and difficulties, if any, affecting the implementation of the Convention in the State Party concerned, and shall be prepared with extensive and wide-ranging consultation with organizations of persons with disabilities.
  4. The Committee shall adopt any further guidelines relating to the to the content of the reports which it considers appropriate.
  5. States Parties shall make a draft of their reports widely available to the pubic in their own country in local languages and accessible formats [[3], [4, [6] months] prior to the finalisation of the report and its submission to the Secretary-General.
  6. States Parties shall make their reports widely available to the public in their own countries in local languages and in accessible formats as soon as possible after the State Party has submitted its report to the Secretary-General.

Article 39 Consideration of reports

  1. The Committee shall examine the reports submitted by each State Party and shall transmit such comments as it may consider appropriate to the State Party concerned. This State Party may submit to the Committee observations on any comment made by the Committee in accordance with the present article. The Committee may request supplementary information from States Parties when considering these reports.
  2. The Committee shall invite representatives of States Parties to participate in its consideration of the report. Where a State Party is significantly overdue with the submission of its report, the Committee may consider the situation in that State Party in the absence of a report.
  3. The Committee may also adopt such general comments as it sees fit, and may also address recommendations to the United Nations and other bodies as it considers appropriate.
  4. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to the specialized agencies as well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence.
  5. The Committee shall request the specialized agencies and organs of the United Nations, regional commissions of the United Nations, as well as intergovernmental organizations and other concerned bodies to submit, for consideration by the Committee, written information on such matters dealt with in the present Convention as fall within the scope of their activities.
  6. The Committee may invite representatives of specialized agencies and organs of the United Nations, as well as of intergovernmental organizations, to be present and to be heard in its meetings whenever matters falling within their field of competence are considered.
  7. The Committee may seek technical assistance from the specialized agencies of the United Nations and other relevant bodies to assist it in its consideration of the reports of States Parties.
  8. The Committee may recommend areas of cooperation among States Parties and other competent bodies that will facilitate the implementation of this Convention. To this end, the Committee shall make its recommendations to the Secretary-General of the Untied Nations.
  9. The Committee may invite representatives of non-governmental organizations with expertise in the field of disability issues or other relevant fields to submit relevant information to the Committee to assist it in its work and to be present and to be heard in its meetings.
  10. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Convention, containing its own considerations and recommendations, based, in particular, on the examination of the reports and any observations presented by States Parties.
  11. The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to the present Convention, the Economic and Social Council, the Commission on Human Rights of the United Nations, the Commission on Social Development of the United Nations and other relevant organizations.

Article 40 Administration of the Committee

  1. The Committee shall adopt its own rules of procedure.
  2. The Committee shall elect its officers for a term of two years and the chairperson of the Committee shall be a person with disability.
  3. The Committee shall meet for such time as is necessary for it to undertake its work, and this shall involve at least one meeting every year.
  4. The meetings of the Committee shall be held at United Nations Headquarters and on a rotational basis at the offices of the regional commissions of the United Nations.

Article 41 Acceptance of competence of the Committee to receive individual communications

  1. A State Party to the Convention may at any time declare under the present article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim that their individual rights as established by the present Convention have been violated by that State Party.
  2. Communications may be submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, claiming to be victims of a violation of any of the rights set forth in the Convention by that State Party. Where a communication is submitted on behalf of individuals or groups of individuals, this shall be with their consent unless the author can justify acting on their behalf without such consent.
  3. Communications shall be in writing and shall not be anonymous. No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.

Article 42 Exhaustion of domestic remedies and admissibility conditions

  1. The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted, unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief.
  2. The Committee shall declare a communication inadmissible where:
    1. The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;
    2. It is incompatible with the provisions of the Convention;
    3. It is manifestly ill-founded or not sufficiently substantiated;
    4. It is an abuse of the right to submit a communication;
    5. The facts that are the subject of the communication occurred prior to the entry into force of the present Protocol for the State Party concerned unless those facts continued after that date.

Article 43 Requests for interim measures

  1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation.
  2. Where the Committee exercises its discretion under paragraph 1 of the present article, this does not imply a determination on admissibility or on the merits of the communication.

Article 44 Transmission of communication to State Party

  1. Unless the Committee considers a communication inadmissible without reference to the State Party concerned, and provided that the individual or individuals consent to the disclosure of their identity to that State Party, the Committee shall bring any communication submitted to it under the present Protocol confidentially to the attention of the State Party concerned.
  2. Within three months, the receiving State Party shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been provided by that State Party.

Article 45 Consideration of communications, adoption of views and follow up

  1. The Committee shall consider communications received under the present Protocol in the light of all information made available to it by or on behalf of individuals or groups of individuals and by the State Party concerned, provided that this information is transmitted to the parties concerned.
  2. The Committee shall hold closed meetings when examining communications under the present Protocol.
  3. After examining a communication, the Committee shall transmit its views on the communication, together with its recommendations, if any, to the parties concerned.
  4. The State Party shall give due consideration to the views of the Committee, together with its recommendations, if any, and shall submit to the Committee, within six months, a written response, including information on any action taken in the light of the views and recommendations of the Committee.
  5. The Committee may invite the State Party to submit further information about any measures the State Party has taken in response to its views or recommendations, if any, including as deemed appropriate by the Committee, in the State Party's subsequent reports under article 38 of the Convention.

Article 46 Inquiry procedure

  1. If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in the Convention, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned.
  2. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory.
  3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations.
  4. The State Party concerned shall, within six months of receiving the findings, comments and recommendations transmitted by the Committee, submit its observations to the Committee.
  5. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings.

Article 47 Follow-up to report of inquiry

  1. The Committee may invite the State Party concerned to include in its report under article 38 of the Convention details of any measures taken in response to an inquiry conducted under article 46 of the Convention.
  2. The Committee may, if necessary, after the end of the period of six months referred to in the preceding article, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.

Article 48 Provision for State Party to opt out of inquiry procedure

  1. A State Party may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 45.
  2. Any State Party having made a declaration in accordance with paragraph 1 of the present article may, at any time, withdraw this declaration by notification to the Secretary-General.

Article 49 Protection against retaliation

A State Party shall take all appropriate steps to ensure that individuals under its jurisdiction are not subjected to ill treatment or intimidation as a consequence of communicating with the Committee pursuant to the Convention.

Article 50 Annual report of the Committee

The Committee shall include in its annual report under article 39 of the Convention a summary of its activities under the individual communications procedure and the inquiry procedure.

NGOs

DPI Japan:

Part V International Measures for Implementation

1. State Reporting

Within a year of being a member of the State Parties concerned, and thereafter every five years, State Parties shall report to the Secretary-General of the United Nations the survey report regarding rights for persons with disabilities determined in this convention and measures taken to implement various provisions in this convention.

2. Individual Communications

In the case where various provisions of this convention are violated, and remediation of the concerned individual rights cannot be achieved despite rendering available domestic remediation measures in the case where individual rights are violated, on the part of the qualification of the individual concerned, the afflicted party may report to the committee dealing with the abolition of discrimination again persons with disabilities, requesting for the facts of violation of rights and its remediation.

Part VII The Committee on the Elimination of all Forms of Discrimination against Persons with Disabilities

  1. The Committee of the Elimination of all Forms of Discrimination against Persons with Disabilities shall be established (hereafter stated as "Committee") with the purpose of monitoring the situations of rights and implementation of regulations, along with its promotion in the State Parties.
  2. The Committee shall be made up of at least 18 people of high moral repute including professionals that have specific knowledge and persons with disabilities.
  3. The members of the Committee shall be elected from nationals of the respective State Parties, and shall carry out duties according to qualifications. In electing the members, fair representation of geographic location, diversity of civilization and major systematic bodies of law need to be taken into consideration, and representation of persons with disabilities shall not fall below a third of the total number of Committee members
  4. The Committee has the right to examine the situations of implementation of the convention and carry out recommendations and advise concerned State Parties based on their findings from their examination of survey reports submitted to the Secretary-General of the United Nations.
  5. Regarding the rights determined in this convention, the Committee has the right to receive reports from individuals or groups that are under the jurisdiction of concerned State Parties that allege to have received violation from a member of the State Parties, the right to examine, and have the right to report, recommend and advise the results of their examination to the concerned member of the State Parties.
  6. In the case where a member of the concerned State Parties has received recommendations and advice from the Committee, they are obligated to report to the Committee regarding the measures taken in its response.
  7. The Committee may request the presentation of all other related information to the concerned member of the State Parties regarding any submitted matter.
  8. Regarding its activities, the Committee may cooperate with other professional organizations and related non-governmental organizations.
  9. The Committee shall report its activities annually to the United Nations through the Secretary-General of the United Nations.

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United Nations, 2003-04
Department of Economic and Social Affairs
Division for Social Policy and Development