STATEMENT OF

STATEMENT OF

Mr. VIRENDRA DAYAL

MEMBER

NATIONAL HUMAN RIGHTS COMMISSION OF INDIA

AND

REPRESENTATIVE OF THE

ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS

TO THE 2^nd SESSION OF THE

AD HOC COMMITTEE ON A COMPREHENSIVE AND INTEGRAL INTERNATIONAL CONVENTION ON PROTECTION AND PROMOTION OF THE RIGHTS AND DIGNITY OF PERSONS WITH DISABILITIES

NEW YORK, 18 JUNE 2003

Mr Chairman

Thank you for giving me the floor.

I speak to you today on behalf of the National Human Rights Commission of India and the Asia Pacific Forum of National Human Rights Institutions.

In April 2002 the United Nations High Commissioner for Human Rights stated that “it will be of utmost importance that not only States but also National Human Rights Institutions … are able to contribute their experience to the elaboration of the new Convention” on the rights of persons with disabilities.

Mr Chairman, national human rights institutions were therefore very pleased that this Ad Hoc Committee decided to specifically extend an invitation to us to participate in your work.

National human rights institutions play a crucial role in translating international human rights norms and standards into practical action at the ground level, where of course it matters most. National human rights institutions believe, therefore, that they have much to contribute to this process of developing a new Convention.

For example, the National Human Rights Commission of India has undertaken a number of significant investigations into violations against the rights of people with disabilities – particularly with regard to the treatment of people with intellectual and psychiatric disabilities – in India. Ms Anuradha Mohit, our Commission’s Special Rapporteur on the rights of people with disabilities, will be able to provide you with much more detailed information on our activities during the course of this session. But the experience of the Indian Commission working in this field strongly demonstrates the need for the development of a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights of Persons with Disabilities. While existing international human rights standards require that persons with disabilities should enjoy the same basic human rights as all other human beings, in many respects, this is not the case and they are subjected to widespread violations of their human rights. It is the view of National Human Rights Commission of India that the development of a specific Convention on the rights of peoples with disabilities is, therefore, long overdue.

Mr Chairman

I am pleased to state that this view of the Indian Commission is also strongly held by the 12 national human rights institutions from Australia, Fiji, Indonesia, Malaysia, Mongolia, Nepal, New Zealand, Philippines, Republic of Korea, Sri Lanka and Thailand that make up the Asia Pacific Forum of National Human Rights Institutions. At the Seventh Annual Meeting of the Forum, which was held in New Delhi, India, in November 2002, Forum members stated that a comprehensive and integral convention was necessary to give “status, authority and visibility” to disability issues and that this could not be achieved through the process of reform of existing international instruments and monitoring mechanisms. Moreover, Forum member institutions believed that a single comprehensive treaty would better enable the State Parties to understand their obligations in clear terms. The elaboration of a new treaty would thus complement existing international standards for the rights of people with disabilities. Finally Forum member institutions “agreed to respond positively to the invitation of the United Nations Ad Hoc Committee to participate independently in the development of the possible new convention” [1] and, following a process of consultation with people with disabilities themselves, to make available to this Ad Hoc Committee suggestions about elements that should be included in the new Convention. Forum members therefore requested that the Forum secretariat, in cooperation with its member institutions, develop and advocate proposals for a possible new convention for the consideration of the Ad Hoc Committee.[2]

Mr Chairman

In following up the decisions of Forum’s seventh annual meeting, the National Human Rights Commission of India agreed to host an International Workshop on the Development of the Proposed New International Convention from the 26^th to 29^th May 2003 in New Delhi, India. This international workshop was organised in cooperation with the Asia Pacific Forum of National Human Rights Institutions, the British Council and the United Nations Office of the High Commissioner for Human Rights. 21 national human rights institutions from both the Commonwealth and the Asia Pacific region, consisting of the institutions from Afghanistan, Australia, Fiji, Ghana, India, Iran, Republic of Korea, Malawi, Malaysia, Mauritius, Mongolia, Nepal, New Zealand, Nigeria, Northern Ireland, Philippines, South Africa, Sri Lanka, Thailand and Uganda attended along with representatives from governments, non-governmental organisations, international agencies and experts working in the field of human rights and disability.

The workshop held nine working sessions on issues such as the impact of national legislation and administrative practice; the role of national human rights institutions in promoting the rights of persons with disabilities; mainstreaming disability – the experiences of United Nations Conventions (hard instruments) and existing (soft) instruments; international monitoring mechanisms and complaints procedures; the nature and key elements of the proposed new Convention and perceptions of national human rights institutions and non-governmental organisations; and partnership strategies for action for the development of the new Convention. Following detailed discussions on each of these matters, the workshop adopted a set of preliminary conclusions and recommendations for consideration of this Ad Hoc Committee.

I understand that a copy of a comprehensive background paper and the concluding statement of the workshop have been submitted to the Ad Hoc Committee. I will, therefore, simply highlight the key conclusions. The participants:

· Strongly affirmed the need for the development of a comprehensive and integral Convention;

· Stressed that the Convention should be a ‘rights based’ instrument built on international human rights norms and standards and social justice. It should be informed by the overarching principle that all persons with disabilities, without exception, are entitled to the full benefit and enjoyment of all fundamental human rights and freedoms on the basis of equality, dignity and without discrimination.

· Stressed that the situation of all disability groups and the diverse conditions related to gender, race, colour, age, ethnicity and other considerations must be taken into account when elaborating the Convention.

I would draw the attention of members of the Ad Hoc Committee to the full concluding statement and, in particular, the series of specific recommendations it makes relating to elements that should be included in the provisions of the proposed Convention

Mr Chairman

One of the primary objectives of a disability convention should be to transact a shift from an approach based on welfare to one firmly grounded on human rights. The development of a comprehensive and integral international convention provides an opportunity to demonstrate the indivisibility and interdependence of rights on one hand, and on the other, the symbiotic interplay between development and human rights. The development of such a Convention would be a signal achievement of the early years of the 21^st Century – and it is an objective that all national human rights institutions look forward to realising.

Thank you.