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I. Introduction
1. At its 14th meeting, on 27 June 2003, the Ad Hoc Committee on a Comprehensive
and Integral International Convention on the Protection and Promotion
of the Rights and Dignity of Persons with Disabilities decided to establish
a Working Group with the aim of preparing and presenting a draft text
which would be the basis for negotiation by Member States and observers
at the Ad Hoc Committee of the draft convention. It also decided that
“the Working Group shall meet intersessionally at the United Nations
Headquarters in New York for one session of ten working days early in
2004, and will present the outcome of its work on a draft text to the
Ad Hoc Committee at its third session”. That decision was endorsed by
the General Assembly in its resolution 58/246 of 23 December 2003.
2. The Working Group is comprised
of representatives of the following Governments, non-governmental organizations
and national human rights institution:
Cameroon, Canada, China, Colombia, Comoros, Ecuador, Germany, India,
Ireland, Jamaica, Japan, Lebanon, Mali, Mexico, Morocco, New Zealand,
Philippines, Republic of Korea, Russian Federation, Serbia and Montenegro,
Sierra Leone, Slovenia, South Africa, Sweden, Thailand, Uganda, Venezuela
Disability Australia Limited, Disabled Peoples’ International, Disabled
Peoples’ International (Africa), European Disability Forum, Inclusion
International, Inter-American Institute on Disability, Landmine Survivors
Network, Rehabilitation International, World Blind Union, World Federation
of the Deaf, World Federation of the Deafblind, World Network of Users
and Survivors of Psychiatry
South African Human Rights Commission (representing national human rights
institutions)
II. Organizational matters
A. Opening and duration
3. The Working Group held its
session at United Nations Headquarters in New York from 5 to 16 January
2004. In the course of its session, the Working Group held 20 formal meetings
as well as a number of informal consultations.
4. The session of the Working
Group was opened by the Chairman of the Ad Hoc Committee, Ambassador Luis
Gallegos Chiriboga (Ecuador).
5. At its 1st meeting, on 5
January, the Working Group endorsed the appointment by the Chairman of
the Ad Hoc Committee, on the basis of consultations, of Ambassador Don
MacKay (New Zealand) as Coordinator of the Working Group.
B. Adoption of the agenda
6. At its 1st meeting, on 5
January, the Working Group adopted its agenda (A/AC.265/2004/WG/CRP.1/Rev.1),
as follows:
- Opening of the meeting.
- Adoption of the agenda.
- Organization of work.
- Preparation of a draft text for a comprehensive and integral international
convention on the protection and promotion of the rights and dignity
of persons with disabilities.
- Conclusions of the Working Group.
- Adoption of the report of the Working Group to the Ad Hoc Committee.
- Other business.
C. Documentation
7. In connection with its work,
the Working Group had before it:
- A CD-ROM containing the compilation of proposals for elements of a
Convention as well as individual contributions, received as of 31 December
2003;
- A printed version of the compilation of proposals for elements of
a Convention, received as of 19 December 2003.
The following countries, organizations and
individuals had submitted contributions:
Chairman of the Ad Hoc Committee
- Chair’s draft text (I-IV): Elements of a comprehensive and integral
convention on the protection and promotion of the rights and dignity
of persons with disabilities. Dated: 15 December 2003 (“Chair’s draft”)
- Chair’s draft text (V): Draft elements on implementation: application,
implementation and monitoring of the Convention. Date of submission:
24 December 2003
- Chair’s draft text: Preamble. Date of submission: 7 January 2004
Governments
- Australia: Australia’s approach to a draft convention on the rights
of people with disabilities. Dated: 17 December 2003
- China: Convention on rights of persons with disabilities: a proposed
draft text by China. Date of submission: 11 December 2003
- Costa Rica: National Council for Rehabilitation and Special Education:
some aspects to include in the drafting of the convention of the human
rights of persons with disabilities. Date of submission: 20 November
2003
- European Union (EU):
- EU Proposal for the text of an international convention on the full
and equal enjoyment of all human rights and fundamental freedoms by
persons with disabilities. Dated: 18 December 2003
- “Elements for an International Convention”, submitted at the second
session of the Ad Hoc Committee (A/AC.265/2003/CRP.13/Add.2)
- India: Comprehensive and integral international convention to promote
and protect the rights and dignity of persons with disabilities: draft
convention, India. Dated: 31 December 2003
- Japan: Position paper of the Government of Japan on the comprehensive
and integral international convention to promote and protect the rights
and dignity of persons with disabilities. Date of submission: 24 December
2003
- Mexico: Comprehensive and integral international convention to promote
and protect the rights and dignity of persons with disabilities. Working
Paper submitted by Mexico at the first session of the Ad Hoc Committee
(A/AC.265/WP.1)
- New Zealand: New Zealand’s view of a convention on the rights of
disabled people. Dated: 28 November 2003
- United States: Disability rights law measures in the United States.
Date of submission: 15 December 2003
- Venezuela: Comprehensive and integral international convention on
the protection and promotion of the rights and dignity of persons
with disabilities. Draft submitted by the Government of the Bolivarian
Republic of Venezuela at the second session of the Ad Hoc Committee
(A/AC.265/2003/WP.1)
National human rights institutions
- African Regional Workshop: Regional Workshop on Promoting the Rights
of Persons with Disabilities: Towards a New United Nations Convention,
Munyonyo-Kampala, Uganda, 5-6 June 2003
- Commonwealth and Asia Pacific Region International Workshop: An International
Workshop for National Human Rights Institutions from the Commonwealth
and Asia Pacific Region, New Delhi, 26-29 May 2003
Intergovernmental organizations/Regional
meetings
- Disability African Regional Consultative Conference, Johannesburg,
1-6 May 2003
- Bangkok Draft: Regional Workshop towards a Comprehensive and Integral
International Convention on Protection and Promotion of the Rights
and Dignity of Persons with Disabilities, Bangkok, 14-17 October 2003
- Bangkok Recommendations: Expert Group Meeting and Seminar on an
International Convention to Protect and Promote the Rights and Dignity
of Persons with Disabilities, Bangkok, 2-4 June 2003
- Quito Seminar: Americas Regional Seminar and Workshop on Norms and
Standards related to the Rights of Persons with Disabilities and Development,
Quito, 9-11 April 2003
United Nations system
- International Labour Organization: Submission to the Working Group
of the Ad Hoc Committee to consider proposals for a comprehensive and
integral international convention on protection and promotion of the
rights and dignity of persons with disabilities. Date of submission:
18 December 2003
- United Nations Children’s Fund: Proposals to the Working Group on
an international convention on the protection and promotion of the rights
and dignity of persons with disabilities. Date of submission: 2 January
2004
Non-governmental organizations
- Disabled Peoples’ International (DPI): DPI position paper regarding
a new international human rights convention for disabled people. Dated:
25 February 2003
- Disabled Peoples International — Japan: DPI Japan Assembly position
paper regarding the convention. Date of submission: 19 June 2003
- European Disability Forum (EDF): EDF contribution to the second Ad
Hoc Committee to consider proposals for a United Nations convention
to protect and promote the rights of persons with disabilities. Dated:
May 2003
- Inclusion International:
- Some reflections, proposals and recommendations for the International
Disability Alliance meeting on the Convention to protect the rights
of disabled persons. Dated: February 2003
- Some reflections regarding the preparation of a comprehensive
and integral convention on the promotion and protection of the rights
and dignity of persons with disabilities. Date of submission: 30
December 2003
- International Disability Alliance: Towards a United Nations disability
convention: statement for second Ad Hoc Committee session. Dated: 2
March 2003
- Rights into Action — the International Network of Young Disabled People:
A position statement on the proposed comprehensive and integral international
convention to promote and protect the rights and dignity of persons
with disabilities. Dated: 16 December 2003
- World Blind Union: Manifesto for a United Nations Convention on the
Rights of People with Disabilities. Dated: February 2003
- World Network of Users and Survivors of Psychiatry: Submission to
the United Nations Ad Hoc Committee in 2003 and contributions submitted
on 30 December 2003 and 5 January 2004
Others/individuals
- Online consultation organized by the Department of Economic and Social
Affairs; comments on the draft text presented by Mexico
- Coalition of Individuals, Organizations and Agencies of the People,
for the People and by the People with Disabilities in Eastern Europe
(Belarus, Poland, Republic of Moldova, Russian Federation and Ukraine)
(Coalition Eastern Europe). Date of submission: 13 December 2003
8. The Working Group also had before it the
following documents:
- Provisional agenda (A/AC.265/2004/WG/CRP.1/Rev.1);
- Organization of work (A/AC.265/2004/WG/CRP.2);
- Text proposed by the Coordinator (A/AC.265/2004/WG/CRP.3 and Add.1-25);
- Annex I to the draft report (text of the draft convention) (A/AC.265/2004/WG/CRP.4
and Add.1-2 and 4-5);
- Draft report of the Working Group (A/AC.265/2004/WG/CRP.5).
III. Preparation of a draft
text for a comprehensive and integral international convention on the
protection and promotion of the rights and dignity of persons with disabilities
9. The Working Group noted that its mandate
from the Ad Hoc Committee was to prepare and present a draft text which
would be the basis for negotiations at the Ad Hoc Committee, taking into
account all contributions submitted in advance of the meetings of the
Working Group. The Working Group was not mandated to negotiate a final
text, and was not tasked with being a drafting committee. The Working
Group therefore saw its task as identifying possible approaches, and narrowing
down the options, including those found in the compilation of proposals,
so as to provide a basis for further work in the Ad Hoc Committee.
10. Accordingly, the draft
text prepared and presented by the Working Group represents the outcome
of discussions to achieve that objective, and not the position of any
particular delegation in the Working Group. Delegations represented in
the Working Group made clear that they wish to discuss many issues further
in the Ad Hoc Committee.
IV. Conclusions of the Working
Group
11. At its 20th meeting, on 16 January, the
Working Group decided to present the attached text (see annex I) to the
Ad Hoc Committee as a basis for negotiations, as mandated by the Committee,
on the understandings set out in section III of the present report, as
well as to append the “Summary of the discussions held regarding the issue
of international cooperation to be considered by the Ad Hoc Committee”
(see annex II).
V. Adoption of the report of
the Working Group to the Ad Hoc Committee
12. At its 20th meeting, on 16 January, the
Working Group adopted by consensus its report to the Ad Hoc Committee
on a Comprehensive and Integral International Convention on the Protection
and Promotion of the Rights and Dignity of Persons with Disabilities at
its third session.
ANNEX
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