Call for a Comprehensive and Integral Convention on Disability NHRC makes a Statement to the 2nd Ad-Hoc Committee in New York
The National Human Rights Commission has stressed the need for the development of a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights of persons with Disabilities.
In a Statement to the Second Session of the UN Ad-Hoc Committee in New York on 18 June 2003, the Commission stated that the development of a specific Convention on the Rights of Persons with Disabilities was long overdue and the experience of the Indian Commission working in this field strongly demonstrated the need for such a Convention. The NHRC made that Statement on its own behalf and on behalf of the Asia Pacific Forum of National Human Rights Institutions.
The Commission stated that 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 Commission further stated that 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 21st Century – and it is an objective that all national human rights institutions look forward to realizing, the Commission said.
The views of the Indian Commission in this regard are 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, 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” 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.
Subsequently, an International workshop for the National Human Rights Commissions of Commonwealth and the Asia Pacific Forum which was organized in New Delhi in May 2003
· 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.
The Commission drew the attention of the members of the Ad Hoc Committee to these and other recommendations of the New Delhi Workshop.
In a Statement to the Second Session of the UN Ad-Hoc Committee in New York on 18 June 2003, the Commission stated that the development of a specific Convention on the Rights of Persons with Disabilities was long overdue and the experience of the Indian Commission working in this field strongly demonstrated the need for such a Convention. The NHRC made that Statement on its own behalf and on behalf of the Asia Pacific Forum of National Human Rights Institutions.
The Commission stated that 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 Commission further stated that 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 21st Century – and it is an objective that all national human rights institutions look forward to realizing, the Commission said.
The views of the Indian Commission in this regard are 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, 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” 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.
Subsequently, an International workshop for the National Human Rights Commissions of Commonwealth and the Asia Pacific Forum which was organized in New Delhi in May 2003
· 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.
The Commission drew the attention of the members of the Ad Hoc Committee to these and other recommendations of the New Delhi Workshop.