Sixty-fourth General Assembly

Second Committee

1st Meeting (AM)

Poverty Eradication, Climate Change, International Financial System among Key
Agenda Items as Second Committee Approves Organization of Work

Poverty eradication, climate change, the international financial system and development were among key topics approved for consideration by the Second Committee (Economic and Financial) this morning as it approved its organization of work for the sixty-fourth session of the General Assembly.

The Committee also adopted its programme of work (document A/C.2/64/L.1) as Chair Park In-kook ( Republic of Korea) welcomed other members of its new Bureau: Vice-Chairpersons Mohamed Cherif Diallo ( Guinea), Carlos Enrique García González ( El Salvador), Dragan Mićić ( Serbia) and Rapporteur Denise McQuade ( Ireland).

Issues slated for review included macroeconomic policy questions, including international trade and development, the international financial system, external debt and commodities; operational activities for development, including United Nations activities and South-South cooperation; and follow-up to, and implementation of, the outcome of the 2002 International Conference on Financing for Development and the 2008 Review Conference.

Other topics to be considered were:  groups of countries in special situations, including the Third United Nations Conference on the Least Developed Countries, and the outcome of the International Ministerial Conference of Landlocked and Transit Developing Countries; globalization and interdependence, including the role of the United Nations in promoting development in that context, preventing and combating corrupt practices, and science and technology; poverty eradication, including implementation of the Second United Nations Decade for the Eradication of Poverty (2008-2017), women in development, and human resources development; and agriculture development and food security.

The Committee was also expected to take up permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources; information and communications technology for development; sustainable development, including implementation of Agenda 21, the Programme for the Further implementation of Agenda 21 and the outcomes of the World Summit on Sustainable Development, and follow-up to, and implementation of, the Mauritius Strategy for the Further Implementation of the Programme of Action for the Sustainable Development of small island developing States.

Also under sustainable development, the Committee was expected to consider the International Strategy for Disaster Reduction, protection of global climate for present and future generations, implementation of the United Nations to Combat Desertification, the Convention on Biological Diversity, the report on the twenty-fifth session of the United Nations Environment Programme (UNEP) Governing Council, sustainable mountain development, and the promotion of new and renewable sources of energy.

Others items on the Committee’s agenda were implementation of the outcome of the United Nations Conference on Human Settlements (Habitat II) and strengthening of the United Nations Human Settlements Programme (UN-Habitat), global partnerships, and programme planning.

The Second Committee will meet again at 10 a.m. on Monday, 5 October, to begin its general debate.

States Parties to Convention

on Rights of Persons with Disabilities

4th Meeting (AM)

United Nations System Officials Spell Out Strategies for Implementing
Disability Convention as Conference of States Parties Concludes

Delegates, Civil Society Representatives Take Part in Interactive Dialogue

Representatives of United Nations agencies, programmes and offices shed light today on their respective strategies and action plans to implement the United Nations Convention on the Rights of Persons with Disabilities, as the Conference of States Parties to the treaty concluded its second session.

Craig Mokhiber, Deputy Director of the Office of the United Nations High Commissioner for Human Rights (OHCHR) New York Office, said the Convention represented a real paradigm shift, treating disability as a rights issue.  It expressed in good terms power instead of pity, rights instead of charity, and accountability under the law, while giving rise to new and important challenges for States parties, he added.

To help Governments meet their treaty obligations, OHCHR –- which acted as the secretariat for the Committee on the Rights of Peoples with Disabilities -- was developing several tools, he said.  For example, it had conducted a study to provide guidance on how to initially give effect to the Convention in national systems, providing counsel on such substantive legal issues as non-discrimination, accessibility, legal capacity, liberty and security, independent living, education and employment.  The study also looked at core features of national and international monitoring systems, offering conclusions and recommendations.

He said OHCHR was also trying to integrate the work of the Convention and the Committee into other treaty bodies and special procedures.  It was reviewing the Committee on Economic, Social and Cultural Rights and the International Covenant of Civil and Political Rights, as well as the comments of other treaty bodies to see if they were consistent with the Disability Convention.  For example, general comment 8 of the Human Rights Council would explicitly allow unlawful detention in cases of mental illness, which would appear to be inconsistent with the Disability Convention.  OHCHR was also looking at the right to equal recognition before the law and had published a handbook on exclusion.  Staff in the more than 50 United Nations human rights field offices were supporting national compliance reviews and assisting with legal reform in States around the world.

Diane Alarcon, Senior Policy Adviser and Cluster Leader for Inclusive Development of the Poverty Group in the Bureau for Policy Development, United Nations Development Programme (UNDP), noted that people with disabilities were subjected to multiple or aggravated forms of discrimination and were among the world’s most marginalized populations.  They remained mired in poverty and excluded from the benefits of development, such as education and access to gainful, productive employment, appropriate health care and accessible social services.  The 2008-2011 UNDP Strategic Plan aimed to address that by recognizing disability as a critical human rights issue that must be rectified through inclusive development.

She said the UNDP Task Force on Disability was overseeing, in collaboration with the International Disability and Development Consortium, the production of guidelines for including people with disabilities in UNDP programmes.  More than 50 UNDP offices were implementing, or had recently completed, over 100 capacity-building and empowering programmes and projects.  For example, the Programme had a strong awareness-raising project in Uzbekistan, and was expanding the capacity of the Deaf & Blind Society in Turkmenistan.  In Croatia, persons with disabilities were the key beneficiaries of UNDP’s social inclusion programme.

Taking up the rights of children with disabilities, Elizabeth Gibbons, Deputy Director of Policy and Practice with the United Nations Children’s Fund (UNICEF), said that, in coordination with the International Disability Caucus, UNICEF had advocated effectively for specific attention in the Convention to their needs.  Its work on disability was guided by a rights-based approach and a focus on the most marginalized and poorest children and families, with particular attention on girls.  In 2007, the Fund had begun issuing new programme guidance on children with disabilities to its country offices and their partners.  At present, 55 of those offices had instituted relevant strategies.  Disability programming was also moving from a project-based approach to a more systematic one, including policy advocacy and legislative reform.

UNICEF was actively involved in spreading awareness of the Convention and its provisions, she continued, pointing out that the Fund’s “It’s About Ability” –- a child-friendly version of the Convention -- aimed to empower children to speak out, challenge discrimination and promote the treaty’s principles.  UNICEF’s “Learning Guide” on the Convention was used by youth leaders, peer educators, teachers and community workers.

She said the agency was also supporting child care system reform to reduce the use of institutional care for vulnerable children, especially those with disabilities.  It had conduced studies and surveys on disability in nine countries and promoted viable alternatives to institutional care in some 30 countries.  Alarmed that in some countries only 5 per cent of children with disabilities attended school, UNICEF was providing technical resources for improved infrastructure, making classrooms, latrines, school canteens and doorways accessible to children with disabilities.

Thomas Stelzer, Assistant Secretary-General for Policy Coordination and Inter-Agency Affairs in the Department of Economic and Social Affairs, said the Department worked closely with Governments, civil society and organizations representing people with disabilities, as well as academic institutions and United Nations system partners, particularly OHCHR, to implement the Convention.  It provided technical advice and assistance to Member States on designing national disability strategies, policies and programmes.  It also supported international policy dialogue on disability in intergovernmental bodies, and helped generate and share knowledge to advance implementation of the Convention, the World Programme of Action concerning Disabled Persons and the Standard Rules of Equalization of Opportunities for Persons with Disabilities.

Two reports of the Secretary-General prepared by the Department of Economic and Social Affairs –- on the status of the Convention and its Optional Protocol, and on achieving the Millennium Development Goals for persons with disabilities by implementing the World Programme of Action –- would be reviewed during the forthcoming General Assembly session.  In August, the Secretary-General had appointed Shuaib Chalklen, a global disability rights leader from South Africa, as the new Special Rapporteur on disability in the Commission on Social Development, which monitored implementation of the Standard Rules.

In April, he continued, the Department had, in close collaboration with the World Health Organization (WHO), civil society and academic institutions, organized an expert meeting on mainstreaming disability into Millennium Development Goals processes.  And in March, as part of the Inter-Agency Support Group on the Convention, the Department had worked to hammer out a draft strategy and plan of action on mainstreaming the Convention throughout the United Nations system.

Amina Ali al-Suweidi, a consultant for People with Disabilities Management and a member of the Committee on the Rights of Persons with Disabilities, stressed the Convention’s important role as both an implementation and a monitoring mechanism.  Regular submission of reports by States Parties on implementing the Convention and its Optional Protocol was critical, as was international cooperation with States.  The treaty also envisaged and clearly spelled out a major role for civil society, particularly non-governmental organizations representing people with disabilities, as well as human rights institutions, to implement the Convention at the national level.

Turning to the Organization’s efforts to physically accommodate people with disabilities as it conducted a major renovation overhaul of the United Nations complex in New York, Michael Alderstein, Under-Secretary-General and Executive Director of the Capital Master Plan, said the Plan aimed to achieve a very high level of accessibility.  In its current state, the New York Headquarters complex was quite accessible, with many entrances, exits and ramps opening directly into the buildings and most doorways wide enough for wheelchairs.  The new Plan would eliminate any remaining barriers, and its architects would work to ensure that, in addition to meeting local laws, the renovated space would reflect best practices and real-life experiences.

The security-system design in entry areas would enable people with disabilities to enter through wide swing doors as well as accessible turnstiles and magnetometers, he said.  Reception counters would have lower, accessible portions and signs would be posted to indicate the availability of assistive listening devices.  All signs would be in Braille.  Audio amplification technology would eliminate background noise in all conference rooms, improving sound quality for hearing-aid users.  The building would have fully accessible toilet facilities.

During the discussion session, several delegates described their respective Governments’ efforts to implement the Convention, and posed questions to the United Nations system officials.  Delegates from Italy and the United Kingdom requested guidance on how to pass on successful outcomes and good practices in implementing the Convention.  Egypt’s representative asked them to elaborate on how States parties could coordinate implementation efforts, the root causes of disability, and how to assist disabled people who had been victims of armed conflict.

Argentina’s representative said a clear message of peace was needed with respect to disabilities caused by mines, wars and unsafe transport systems.  The representatives of Morocco and the Dominican Republic asked that more attention be given to the proposal to set up a fund to help developing countries with limited budgets implement the Convention and help people with disabilities.  Thailand’s representative said the Convention as well as United Nations websites and information portals should be made available in formats accessible to people with disabilities.

Responding to those interventions, Ms. Alarcon said the Convention’s implementation must be transformed into actual action at the national level.  That was a great challenge, as there was not enough information for the proper documentation of the scope of that challenge.  It was also necessary to integrate disabilities into the Millennium Development Goals and all areas of policy, and to develop coherent responses.

Ms. Gibbons said the system for reporting to the Committee gave States parties the chance to share successes and best practices.  The United Nations was committed to working with countries with smaller resources.  To start, poorer countries could advance disability rights by shining a light on persons with disabilities in order to showcase them as ambassadors for the disability movement, train teachers to include children with disabilities, and build latrines for disabled school children, among other efforts.

Mr. Mokhiber said the Committee issued general comments and had days of general thematic discussions that looked at the implications of how rights were protected.  The Committee would base that guidance on information and experiences shared by members.  Regarding coordination, he said mechanisms across the United Nations system dealt with that issue.

Also during the meeting, Regina Maria Melo Atalla, President of the Latin American Network of Non-governmental Organizations of Persons with Disabilities and their Families, presented a summary of the informal segment on emerging issues held on Thursday, titled “The Global Economic Crisis, Poverty and the Implementation of the Convention”.  She said the global crisis had worsened the poverty in which many people with disabilities lived, and the Convention’s entry into force must be seen as an opportunity to combat that situation.

Disabled people were losing their jobs, as they were often the last to be hired and the first to be fired, she said.  Funding for education and support programmes for the disabled had stopped, and less attention was given to ensuring that new infrastructure projects met accessibility requirements.  Poor families were giving their non-disabled children preference in food and other scant household resources over their disabled children.  Without specific efforts, people with disabilities would not only be harmed by the economic crisis, they would continue to suffer its consequences after it ended.

Stigma and prejudice against disabled people in society was a root cause of the problem, she said, stressing that policies and programmes benefiting people with disabilities must be seen as necessary and not as an expense.  More efforts were needed to expand statistical data on the situation of persons with disabilities.  Disabled people must be seen as part of all economic stimulus packages, as had been the case with the World Bank’s recently established Rapid Response Fund.  Employment consistent with human rights values, a positive change in cultural attitudes towards disabled people and greater attention to their enrolment in school and literacy must be addressed.

Echoing those concerns, Stefan Tromel of the International Disabilities Alliance said the Convention should be the superseding instrument in the field of disability, adding that a more systematic approach was required to ensure better implementation of its goals.  To avoid falling back into the medical model of disability, all United Nations specialized agencies and programmes must contribute to implementing the instrument.

In closing remarks, Mohammed Al-Tarawneh, Committee Chairperson, said that despite progress and the enthusiasm surrounding the Convention’s adoption, much work lay ahead to implement the treaty and integrate its goals into the larger international human rights framework.  The United Nations system must work together to remove barriers in order to empower and enable the 650 million people with disabilities worldwide.  He urged all States to ratify the Convention and its Optional Protocol, and to strengthen the links between global and regional frameworks.

Claude Heller ( Mexico), who co-chaired the meeting, announced that the third session of the Conference of States Parties should be held in the first week of September 2010.

Turning to other business, he noted that the two-year terms of six Committee members –- Loft Ben Lallahom ( Tunisia), Gyorgy Konczei ( Hungary), Edah Wangechi Maina ( Kenya), Ronald McCallum ( Australia), German Xavier Torres Correa ( Ecuador) and Cveto Ursic ( Slovenia) -- would expire on 31 December 2009.  He also asked the Secretariat to provide States parties with a compilation of legislative measures concerning implementation of the Convention.

Jim McLay ( New Zealand), who also co-chaired the meeting, also made a statement, as did Jean-Pierre Gonnot, Chief of the Department of Economic and Social Affairs’ Inclusive Development Section.

Also speaking today were the representatives of Mali, Brazil, Jordan, Chile and Kenya.

States Parties to Convention

on Rights of Persons with Disabilities

1st & 2nd Meetings (AM & PM)

National Legislative Measures Aimed at Strengthening Rights of Persons
with Disabilities Focus, as States Parties to Convention Open Session

Round Table: ‘Accessibility and Reasonable Accommodation”

United Nations Deputy Secretary-General Asha-Rose Migiro urged Member States this morning to without delay sign, ratify and implement the Convention on the Rights of Persons with Disabilities -- a landmark document that provided a solid norm for advancing the human rights of the 650 million people worldwide with disabilities -- as well as its Optional Protocol.

Addressing the opening of the second session of the Conference of States Parties to the United Nations Convention on the Rights of Persons with Disabilities, Ms. Migiro said that, since the Convention’s entry into force in May 2008, 66 States had ratified it and 44 had ratified its Optional Protocol, while 142 States had signalled their commitment by signing the text.

Encouraged that a significant number of countries had already adopted new legislation and policies in line with the Convention or had modified existing laws, she urged all participants to use the session to share experiences and exchange ideas for action.  The world was facing multiple, grave challenges to development and, therefore, to the well-being of millions of persons with disabilities worldwide.  The United Nations was ready to support those efforts internationally, regionally and nationally, including through the Inter-Agency Support Group for the Convention, which was finalizing a draft common strategy and action plan.

Echoing that call, Jessica Neuwirth, Director of the New York Office of the United Nations High Commissioner for Human Rights (OHCHR), said States everywhere were rapidly ratifying and endorsing the principles and standards enshrined in the Convention.  Before its adoption, disability was often seen as a medical condition that functionally limited an individual, and traditional approaches to it regarded persons with disabilities as recipients of goodwill or deeds, or as problems to be fixed, or both.  But today, with the advent of the Convention, disability was recognized as a human rights issue and the focus was on States to adopt measures to enable individuals to effectively enjoy their rights.

She lent her support to better address the issue at hand, saying that in March, OHCHR had developed a thematic study on legal measures to implement the Convention.  In its resolution 10/7, the Human Rights Council recommended that the study be considered when designing and implementing measures to promote and protect the rights of persons with disabilities.  Another study was under way on national frameworks for monitoring and implementation, she said, calling on all States parties to share their concrete national experiences in order to expedite the Convention’s implementation.

Mohammed al-Tarawneh, Chairperson of the Committee on the Rights of Persons with Disabilities, stressed the importance of addressing outstanding implementation issues, such as access and equality and the challenge of establishing a working definition of disabilities.  The Convention marked a strong break from previous human rights law regarding the involuntary interning of persons with disabilities.  It forbade deprivation of liberty and detention based on the existence of any disability, including mental or intellectual.  Ratifying and incorporating the Convention into domestic legal systems was important, but full implementation would require States to take positive steps nationally and internationally.

Similarly, Jan-Peter Strömgren, Chair of the International Disability Alliance, lamented that, while more than 40 countries had accessibility provisions in their legislation, the gap between legislation and practice was still great.  In some countries, legislative reform was not consistent with the Convention and many Governments were still not aware of the huge efforts needed to implement it.  The United Nations should better promote the Convention by setting up a fund to encourage implementation at the national level and strong participation of representatives of organizations of persons with disabilities in decision-making.  Understanding how to make reasonable accommodation for persons with disabilities work in practice worldwide was also essential to full implementation.  Moreover, the Convention should be used to step up efforts to fully include persons with disabilities in all national poverty reduction strategies and in all other Millennium Development Goal-related initiatives, he said, expressing concern over the high levels of poverty and unemployment of people with disabilities in developing countries.

Throughout today’s session, Government ministers and delegates of States Parties to the Convention, as well as other Member States, took the floor to shed light on their respective national efforts to implement the Convention.  During an afternoon round table discussion on accessibility and reasonable accommodation, speakers discussed the need to construct new buildings in accordance with accessibility codes and guidelines and to ensure that transport systems, communications technology, schools and other public services and systems accommodated the special needs of people with disabilities.  They noted that reasonable accommodation was cost-effective and was instrumental in creating inclusive, equitable societies.

Thomas Stelzer, Assistant Secretary-General of the Department of Economic and Social Affairs, also made a statement, as did Meeting Chair and Conference President Claude Heller ( Mexico).

Also speaking today were ministers and senior Government officials from Jordan, South Africa, Malawi, Kenya, Hungary, Australia, Mexico, India, China, Italy, United States and Swaziland.  In addition, the representatives of Chile, Costa Rica, Argentina, New Zealand, Belgium, Germany, Brazil, Egypt, Qatar, Austria, Ecuador, Republic of Korea, Bangladesh, Philippines, Sudan, Dominican Republic, Nicaragua, Cuba, Colombia, Canada, Netherlands and Hungary also spoke.

Also making statements were Monsur Ahmed Choudhury and Ana Pelaez Narvaez, both members of the Committee on the Rights of Persons with Disabilities, as well as the Presidents of the Thailand Association of the Blind, Rehabilitation International, and Disabled Persons International.

The Conference of States Parties will meet again at 10 a.m., Thursday, 3 September, to continue its second session.

Background

The Conference of States Parties to the United Nations Convention on the Rights of Persons with Disabilities opened its second session today.  (For background, see Press Release HR/4997 issued on 1 September 2009.)

Opening Remarks

The Chair of the meeting and President of the Conference, CLAUDE HELLER ( Mexico), said that, since the first meeting of States Parties, 4 States had become signatories of the Convention and 6 had signed the Optional Protocol; and 22 States had ratified the Convention and 18 ratified the Optional Protocol.  Sixty-six States were currently Parties to the Convention.  The pace at which States had signed and ratified the Convention sent a clear indication of the will of the international community to promote and protect a full and equal voice regarding all human rights and fundamental freedoms for everybody with disabilities.

ASHA-ROSE MIGIRO, United Nations Deputy Secretary-General, said that, since the Convention’s entry into force in May 2008, 66 States had ratified it and 44 had ratified its Optional Protocol.  A total of 142 States had signalled their commitment by signing it.  The Convention gave a solid normative basis for advancing the human rights of the 650 million people worldwide with disabilities.  It was encouraging that a significant number of countries had already adopted new legislation and policies in line with the Convention, or had modified existing legislation.  She urged all participants to use the session to share experiences and exchange ideas for action.  The world was facing multiple, grave challenges to development and, therefore, to the well-being of millions of persons with disabilities worldwide.

She urged Member States to continue efforts to sign, ratify and implement the Convention and the Optional Protocol without delay.  The United Nations was ready to support those efforts internationally, regionally and nationally, including through the inter-agency support group for the Convention, which was finalizing a draft common strategy and plan of action.  She expressed hope that the conference would pave the way for achieving the Convention’s vital and admirable goals and objectives.

THOMAS STELZER, Assistant Secretary-General, Department of Economic and Social Affairs, said the Department functioned as the Secretariat of the Conference, working in close cooperation with the Office of the United Nations High Commissioner for Human Rights (OHCHR).  Enjoyment of all human rights by all members of society, including persons with disabilities, went to the heart of the mission of the United Nations, and of the Department, which was to promote development for all.  The Department had a long history in the work of protecting the rights of persons with disabilities.  The entry into force last year of the Convention had been the result of many years of hard work.  The enthusiasm surrounding the Convention had led to its entry into force in a record time.  His Department would continue to support the efforts of Member States to sign and ratify the Convention.

He said the Convention emphasized the importance of mainstreaming the rights of persons with disabilities.  In realizing the Millennium Development Goals, and other goals, one must work together to promote strategies for all persons with disabilities.  Inequity and discrimination against persons with disabilities must be addressed within the framework of human rights.  He hoped the meeting would provide guidance to strengthen the basis for the new phase of the Convention’s implementation.

JESSICA NEUWIRTH, Director of the New York Office of the Office of the United Nations High Commissioner for Human Rights (OHCHR), said that, since the Convention’s adoption, rapid advances had been made at the global level to endorse the principles and standards enshrined in the Convention.  The rapidly and steadily growing rate of ratification of the Convention, which was second only to the rate of ratifying the Convention on the Rights of the Child -- was a testament to that advancement.  Now was the time to move from commitment to implementation at the national level.  She expressed hope that the session would further raise awareness of the standards and principles of the Convention, while promoting discussion and an exchange of experiences about the national legislative measures required to implement the Convention.  Before the Convention’s adoption, disability was often equated to a functional limitation.  In that medical perspective, persons with disabilities were “disabled by physical, intellectual or sensory impairments, medical conditions or mental illness”.  Such traditional approaches regarded persons with disabilities as recipients of goodwill or deeds, or as problems to be fixed, or both.

In the Convention, the focus was no longer on what was supposed to be wrong with the person, she said.  On the contrary, the Convention viewed disability as a “pathology of society” or as a matter of environmental and societal conditions that made a society inclusive or not.  In that paradigm shift, disability was recognized as a human rights issue, in which all humans were entitled to the same rights “without distinction of any kind”.  The equal entitlement of all persons to all human rights required States, as duty bearers, to put in place all measures that were necessary for individuals to effectively enjoy their rights.  Failure to adopt and implement adequate measures could hinder the full and effective enjoyment of a child’s right to education or the right of a person to access justice.

In March, OHCHR had developed a thematic study on legal measures to implement the Convention, she said.  In its resolution 10/7, the Human Rights Council recommended that the study be considered when designing and implementing measures to promote and protect the rights of persons with disabilities.  A second study on national frameworks for monitoring and implementation was being prepared.  She called on all States Parties to share their concrete experiences at the national level to move forward the Convention’s implementation process.

MOHAMMED AL-TARAWNEH ( Jordan), Chairperson of the Committee on the Rights of Persons with Disabilities, said that, since its establishment, the Committee had made steady progress and had drafted such core documents as the Reporting Guidelines, the Rules of Procedure and Working Methods.  He hoped that the first 20 reports of States Parties would be submitted by May next year.

He said the meeting would explore some of the outstanding issues concerning implementation, such as access and equality and the challenge of establishing a working definition of disabilities.  States Parties would vary considerably in their implementation of the Convention and incorporating it into their legal system.  The Convention would not automatically become part of international law.  Some States had adopted a dualistic approach, in which ratification did not have a direct legal effect.  Those States must actively adopt legislative measures.

Ratification and incorporation into the domestic legal system was important, he said, but was only half of the work in achieving the goal of the Convention.  Full implementation would require that States take positive action and a combination of efforts both at national and international levels.  A variety of disability types should also be taken into account.  Disability was a social phenomenon.  The rights afforded in the Convention also had implications for criminal law.  Recognition of the legal capacity of persons with disabilities meant that a defence based on the negation of criminal responsibility because of the existence of a mental or intellectual disability must be abolished.  Instead, disability-neutral doctrines on the subjective element of the crime should be applied, which took into consideration the situation of the individual defendant.

He said the Convention represented a strong break from previous human rights law regarding the involuntary interning of persons with disabilities.  It forbade deprivation of liberty and detention based on the existence of any disability, including metal or intellectual, as discriminatory.

JAN-PETER STRÖMGREN, Chair of the International Disability Alliance, said that, as a complement to the Committee on the Rights of Persons with Disabilities, the Conference of States Parties could play a major role in implementing the Convention.  He thanked the Office of the High Commissioner for Human Rights for the study on thematic measures that had been presented to the Human Rights Council, saying it provided clear guidance of some of the Convention’s most challenging elements.  The choice of topics for the upcoming interactive round tables illustrated that range of challenges.  While more than 40 countries had accessibility provisions in their legislation, the gap between legislation and practice usually remained very large.  An understanding of how to make reasonable accommodation for persons with disabilities work in practice worldwide was essential to fully implementing the Convention.   Article 12 on equal recognition before the law was correctly perceived as the embodiment of the paradigm shift that the Convention promoted.  The depth of that shift was demonstrated by the need for significant legislative changes in all States to recognize the legal autonomy of person with disabilities and establish standards for support their role in decision-making.

He expressed concern over the poverty faced by many disabled people, particularly in developing countries.  The Convention should be used to step up efforts to fully include persons with disabilities in all national poverty reduction strategies and in all other Millennium Development Goal-related initiatives, internationally and nationally.  He encouraged States to ratify the Convention without reservations and to withdraw any existing reservations.  He proposed that the Conference of States Parties establish an intersessional working group to prepare a “technical” implementation guidance document on one of the specific issues addressed at the present session.  A process should be set up to allow for contributions to be received by that group prior to the meeting and a process to allow feedback on their draft document before its presentation to the third Conference of States Parties.

At present, very few States, regardless of whether they were States Parties to the Convention, had put in place a process of systematic legislative revision or other complementary measures, he said.  In some countries adjustments made were not consistent with the Convention and many Governments were still not aware of the huge efforts needed to implement it.  The United Nations should step up promotion of the Convention through a wide range of measures.  It should set up a United Nations fund to promote implementation of the Convention at the national level and the mainstreaming of rights of persons with disabilities throughout the United Nations.  It should include strong participation of representatives of organizations of persons with disabilities in decision-making.

Statements

RAAD BIN ZEID AL-HUSSEIN (Jordan), highlighting some of the measures his country had taken, said Jordan believed in the principles of the Convention, such as respect for dignity, non-discrimination, equality of opportunity and gender equality of persons with disabilities.  It had initiated a process of changing national legislation, such as the law on persons with disability, adopted in 2007.  The law for the welfare of the disabled had been abolished.  A working group had been established to modify existing laws and practices that constituted discrimination against persons with disabilities and had established an independent high council for persons with disabilities, which was an umbrella organization for disability affairs.  The national review conference would be held in November.  The National Centre for Human Rights had established an independent committee to monitor implementation of the Convention.

NOLUTHANDO MAYENDE-SIBIYA, Minister of Women, Children and Persons with Disabilities of South Africa, said her country had enacted laws and several programmes to promote the integration of disability and ensure that persons with disabilities were able to access appropriate services.  It continued to ensure that the Convention’s principles and policy guidelines influenced all work intending to protect and promote the rights of persons with disabilities within an inclusive society.  All police stations in South Africa were in the process of being made accessible, in order to promote equality and eliminate discrimination against persons with disabilities.

The Department of Education had set up a 20-year inclusive education programme for persons with disabilities, she continued.  The Department of Health provided free health care and access to assistive devices.  The Department of Social Development provided social grants to groups that were classified as vulnerable.  The Employment Equity Act, the Promotion of Equality and Prevention of Unfair Discrimination Act and other policy initiatives had created an economically enabling environment for persons with disabilities.  Further, it was in the process of developing a new national disability policy.

REEN KACHERE, Minister of Persons with Disabilities and the Elderly of Malawi, said her country was committed to implementing the Convention and improving the plight of persons with disabilities.  With the support of the international community, it was determined to fulfil the international obligations assumed to the best of its ability.  She called upon cooperating partners to render their support to the Government in its efforts to implement the Convention.

She said the Government had established the Ministry of Persons with Disabilities and the Elderly, which was responsible for the formulation and implementation of policies and programmes regarding persons with disabilities, including those relating to gender equality.  It had adopted the policy on equalization of opportunities for persons with disabilities in 2006.  The Government had also intensified the implementation of community-based rehabilitation, access to loans and the provision of assistive devices in order to enhance the effective participation of persons with disabilities in wealth-creation, which was necessary to reduce poverty and generate economic growth and development in Malawi.

ATAS MANYALA KEYA, Assistant Minister, Ministry of Gender, Children and Social Development of Kenya, said the Kenyan Constitution at present did not make express provisions for the rights of persons with disabilities.  A committee of experts had, therefore, been appointed to spearhead the process of reviewing the Constitution.  A number of acts of Parliament were already in place, however, to implement the obligations under the Convention, including the persons with disabilities act, which provided for the rights of persons with disabilities, their rehabilitation, equalization of opportunities and the establishment of a national council for persons with disabilities.  Mentioning other acts, he said the Government was also developing policy, such as the national children’s policy, the national policy on persons with disabilities, the special needs education policy and the national social protection policy.  Although his country was committed to the full implementation of the Convention, it was challenged by limited resources.

EDIT RAUH, State Secretary for the Ministry of Social Affairs and Labour of Hungary, said she was proud that her country had been the first State in the world to ratify the Convention and the Optional Protocol.  She added that her country had put great emphasis on ensuring equal opportunities for people living with disabilities even before it had become a State Party.  She pointed to the development of the agenda on a scale never seen before in the field of disability policy, the measures taken to redefine legal capacity, the legislative changes for implementing access with equal opportunities and financial resources spent on them, among other actions, as “just a few” of Hungary’s achievements.  They all indicated that Hungary, after a short celebration following ratification, quickly started to apply the Convention as a working tool.

The Convention had opened a new chapter in the history of Hungarian disability policy and, by joining forces with the State Parties as well as through professional and political cooperation, she believed that a new chapter could be opened in the international arena as well.  In that regard, her Government was committed to mainstreaming disability policy both in national and international contexts.  Concerted work by the Governments of the world was needed to achieve that -- the first step of which should be the ratification of the Convention in as wide a scale as possible.

MONTHHIAN BUNTAN, President of the Thailand Association of the Blind, said he wished his country could have been one of the first 20 countries to ratify the Convention.  Its legal system, however, required that changes be made to domestic law before such ratification.  His country’s success in passing disability-specific legislation containing comprehensive disability rights law and strong anti-discrimination sections had served as a significant tool for the country to move forward to ratify the Convention, which it had done on 29 July 2008.  Since then, more than 25 rules and legislations, which further clarified the implementation of the Persons with Disabilities Empowerment Act and the Persons with Disabilities Education Act, had also been passed.

He pointed out that both those Acts strove to achieve implementation of the Convention on the Rights of Persons with Disabilities by increasing the level of participation of persons with disabilities and their representative organizations in the national policy-making body called the National Committee for Empowerment of Persons with Disabilities and the National Committee for Education of Persons with Disabilities; redefining disability based on a social model; and ensuring better access to education, employment, health and rehabilitation services, built environment, as well as information and communications technology and assistive technologies.

Realizing that the road to achieve full and effective implementation of the Convention was still long, as Thailand was not a rich country, he said the country was pinning its hopes for success on the willingness of all sectors to collaborate in partnership.  Particularly, the role of persons with disabilities and representative organizations had been more recognized by relevant Government agencies, thereby making it easier for disability-related policies to receive attention.  “The road is still quite long ahead of us, but we think we are moving towards the right direction,” he added.

BOB MCMULLAN, Parliamentary Secretary for International Development Assistance of Australia, said his country was committed to action, domestically and internationally, to uphold the rights of persons with disabilities.   He fully supported the need to shift attitudes in the way people with disability were viewed and treated, and to focus on disability as a human rights issue.  Australia had undertaken a comprehensive review of all domestic laws to ensure that they gave full effect to the obligations of the Convention.  Australia had also strengthened existing legislative and policy mechanisms to promote the rights of people with disability and prevent discrimination.

Social attitudes and practices needed to change in order to remove the barriers that prevented people with disability from meeting their full life potential, he continued.  To that end, Australia was developing a national disability strategy.  The Australian Human Rights Commission had been empowered to exercise its conciliation powers regarding allegations of violations of the Convention by the Australian Government, and to prepare guidance to prevent such violations.  Further, in addition to activities at home, Australia was committed to exercising leadership internationally and regionally.  Strategies to improve the quality of life of people with disabilities were a central feature of Australia’s overseas aid and international development assistance policies.

RICARDO VILLA ( Chile) said the Convention had changed the type of public policies required.  The old policy, in which persons were passive objects of Government action, had been replaced by a policy based on economic and social rights.  The Convention was a huge cultural change, overturning entrenched social practices and criteria.  The principles and guidelines of the Convention should be reflected and implemented in a national policy and a national plan of action.  Chile had, therefore, embarked on a process of modernizing the national disability policy.  A national social inclusiveness plan for 2010-2018 would be formulated next year, with the broadest possible participation.  He hoped that legislation embodying the principles of the Convention would be adopted by Parliament in the course of the next months.  A profound cultural change would be needed.  Action plans should, therefore, incorporate a strategy and elements to manage that change.

Ms. RETANA-SALAZAR ( Costa Rica) said that, in 2008, Costa Rica had ratified the Convention.  It had established the National Council for Rehabilitation and Special Education more than 30 years ago, and it had enacted a law on equal opportunity for persons with disabilities.  There was a bill under discussion to turn the National Council into a modern, updated institution.  Legislative provisions had been instituted to ensure that people with disabilities could fully exercise their electoral rights and vote during the upcoming elections.

RAQUEL BEATRIZ TIRAMONTI ( Argentina) said her country had signed the Convention and Optional Protocol in 2007, and in 2008 the law on ratification had been promulgated.  Argentina had adopted many legal provisions protecting the rights of persons with disabilities.  Those persons had the same rights as fellow citizens, but in the exercise of their rights, they might be at a disadvantage.  In order to foster equal opportunities, legal measures had been taken to help persons with disabilities to exercise their rights.  There was a Government body to implement the Convention and a monitoring body had been established.  About 7 per cent of the population consisted of persons with disabilities.  She went on to describe progress made in legislation to incorporate provisions of the Convention into national law and in policies to implement the Convention.

MYRIAM ARABIAN COUTTOLEN, Technical Secretary, National Council for Persons with Disabilities (CONADIS) of Mexico, said her country had a strong commitment with respect to human rights and the Convention.  Its approval and reform of laws with a view to fully recognizing the rights of persons with disabilities was proof of that commitment.  The 2001 reform of article 1 of the Mexican Constitution prohibited all forms of discrimination that nullified or impaired the rights and freedoms of persons, including discrimination based on disabilities.  The 2003 Federal Act to Prevent and Eliminate Discrimination made it mandatory for the first time to take special steps, including compensatory steps, to erase discrimination through preventive measures.  The 2005 General Act for Persons with Disabilities had created the National Council for Persons with Disabilities.

JIM MCLAY ( New Zealand) said his country was formally committed to protecting the rights of persons with disabilities and to having Government agencies engage with disabled people early on about developments that might impact them.  The Government had started discussions in that regard with various groups representing the interests of persons with disabilities.  It would develop guidelines to existing legislative requirements concerning reasonable accommodation to help disabled people.  It was also reforming its statistical surveys to account for persons with disabilities.

JAN GRAULS ( Belgium) said that, historically, his country had been firmly devoted to human rights.  In forthcoming days, it would sign the Optional Protocol to the Convention.  It had set up a national council for the disabled and a ministerial post to focus on the rights and concerns of persons with disabilities.  It had ratified the Convention and it would implement it within its domestic legal system.

MARTIN NEY ( Germany) said that, because financial and economic crises generally affected vulnerable persons more than any other, the meeting could not be more timely.  The ways and means must be found to ensure that State programmes for persons with disabilities remained on the agenda of national parliaments and that they were not suspended due to lack of funding.

He pointed out that all parliamentary action that integrated persons with disabilities into societies in accordance with the spirit of the Convention on the Rights of Persons with Disabilities should be perceived as a gain, and not a burden on the general public.  Since its ratification of the Convention, Germany had initiated new legislative measures focusing on education, empowerment, awareness-raising, employment, self-determined living and accessibility.  For example, one measure, “supported employment,” offered a job coach for disabled persons in new jobs.  Another measure gave persons with disabilities a “personal budget” out of public funds.  Also, new regulations required all new building projects to have special features for the disabled.

While the country had still not reached the point where it wanted to be, the Government planned to initiate an action plan aimed at further implementing the Convention at all levels of German society.  To that end, federal, state and community laws would be scrutinized in order to find gaps where the Convention still needed to be included.  Additionally, civil society would also be involved in that project, he said.

MARIA LUIZA RIBEIRO VIOTTI ( Brazil) said her country shared the conviction that implementation of the Convention and its Optional Protocol would lead to elimination of the barriers that hindered full enjoyment of their rights by persons with disabilities.  Brazil had taken many initiatives that would be presented later.  Regarding the right to access to information, communication, cultural materials and education for people with disabilities, she drew attention to a proposal tabled in the Standing Committee on Copyright and Related Rights of the World Intellectual Property Organization (WIPO) regarding minimum mandatory limitations and exceptions, particularly with regard to educational activities, people with disabilities, libraries and archives, and exceptions that would foster technological innovation.   Brazil had also co-sponsored a treaty proposal for improved access for blind, visually impaired and other reading disabled persons in the Standing Committee.  That proposal deserved the full support of the Conference.

SOHA GENDI ( Egypt) said her country was fully committed to the rights of persons with disabilities.  It had ratified the Convention last year and was working to give disabled persons full human rights, including the right to development through access to education and training.  The Government had instituted measures and enacted laws focusing on the rights of disabled persons on equal footing with people without disabilities.  In 2007, a federal code had been adopted that required new buildings be designed with proper and adequate access for people with disabilities.  Further, the Department of Social Security had been reformed to strengthen services provided to disabled persons.

GHANIM MUBARAK AL-KUWARI ( Qatar) said his country had established a national committee to amend the law in order to bring it in conformity with the Convention.   Qatar had also established an administrative unit at the Ministry of Social Affairs to deal with the needs of persons with disabilities.  The terms of reference of that directorate included, among other things, to contribute to the implementation of strategies, plans and policies related to persons with disabilities; to develop and implement programmes for the welfare and rehabilitation of persons with disabilities; and to raise awareness on the rights of persons with disabilities.  Qatar had also prepared a draft of a national strategy for persons with disabilities, within the general strategy on the family, based on, among others, the Convention.

CHRISTIAN EBNER ( Austria) said the success of the Convention had been due to its forward-looking provisions, including the possibility of participation by regional organizations.  His country was in the process of bringing its national laws in line with the Convention.  Last year, Austria had also established an independent monitoring committee.  That committee’s rules of procedure attached great importance to ensuring the equal participation of people with disabilities.   Responsibilities included receipt of, and follow-up to, individual complaints, recommendations to public authorities and raising awareness.  The themes discussed by the committee had been derived largely from complaints received.

DIEGO MOREJON ( Ecuador) said that, in recent years, his country had been through a political and social sea change, based on a new legal framework and a new Constitution.  It had ratified the Convention and had adopted law 180, which led to the creation of the National Council for Persons with Disabilities.  Ecuador had policies to foster access for persons with disabilities in public areas and for their socio-economic inclusion.  National laws had been reformed to protect the disabled in the workplace, where companies could be fined from $2,500 to $5,000 for violating laws protecting the rights of disabled workers.  Ecuador’s Vice-President, who had a disability, was strongly committed to programmes in the social, political and cultural spheres to protect the rights of persons with disabilities. 

KIM DANGHO ( Republic of Korea) said his country was the forty-fifth State party to the Convention.  It was now in the process of making national endeavours to ensure persons with disabilities their full rights.  The Persons with Disabilities Act had paved the way for the administrative framework necessary to ensure that persons with disabilities would be full participatory members of society.  Another act had established a monitoring mechanism.  His Government had also established policy measures to guarantee persons with disabilities full participation in society.

SANGITA GAIROLA, Additional Secretary, Ministry of Social Justice and Empowerment of India, said her country was among the first States to ratify the Convention.  Article 41 of its Constitution emphasized the responsibility of the State to make effective provisions to secure the right to work, education and public assistance.  In that vein, several initiatives had been taken.  The first major act of Parliament had been the 1992 Rehabilitation Council of India Act, which had created the Rehabilitation Council.  It promoted research and minimum standards in rehabilitation and special education.  Legislative and institution-building measures paved the way for education, development and non-discriminatory treatment for persons with disabilities.

Also, a national trust for persons with autism had been created, she said and an act aimed at enabling and empowering persons with disabilities had been enacted.  It was also essential to facilitate equal opportunities for persons with cerebral palsy, mental retardation and other disabilities.  The 2006 national policy for persons with disabilities sought to create an environment that provided them with equal opportunity.  That policy was created based on the strong belief that persons with disabilities could have a high quality of life if they had access to equal rights and opportunities.  A national consultative process to amend existing acts had been started.

ZHOU NING-YU ( China) said his country guaranteed the right of persons with disabilities to participate in all aspects of social life.  However, the international community should pay special attention to the conditions of persons with disabilities in developing countries.  China attached great importance to building up the legal system to protect the rights of persons with disabilities, and had amended its domestic laws in line with international law.  It had also included provisions regarding accessibility.  Highly concerned about the impact of the financial crisis on persons with disabilities, the Government had devoted more resources to persons with disabilities to improve their living conditions.

URBANO STENTA, Adviser on Disability, General Directorate for Development Cooperation of the Ministry of Foreign Affairs of Italy, said his country had ratified the Convention.  He proposed that, at the next Conference, delegates have the opportunity to discuss article 32, particularly as it concerned international cooperation.  International cooperation gave developing countries the chance to work closely with, and understand, the efforts of developed countries and to share good practices.  Italy stood ready to work with the Conference of States Parties in that regard.

ABDUL MOMEN ( Bangladesh) said that, in October 2008, his country had ratified the Convention and later the Optional Protocol.  It had enacted laws and reforms in line with the Convention.  The Government had changed its perspective on disability issues, from a welfare-based perspective to a rights-based approach.  For Bangladesh, poor nutrition, hazardous working conditions, and poor sanitation and hygiene contributed to the creation of disabilities.  Fifty per cent of the impairments of people with disabilities in the country were preventable, and were directly linked to poverty.  The Government had introduced various safety net programmes, such as micro-credit programmes for persons with disabilities.

GERALDINE RUIZ ( Philippines) said her country’s experience had finally been put in the right perspective through measures which had come about through a partnership between Government, non-governmental organizations for persons with disabilities and civil society.  The country had steadily moved towards harmonization of local policies with the requirements of the Convention.  Consultations had taken place in 15 of the 17 regions for the Human Rights Action Plan, which intended to mainstream human rights, including of persons with disabilities.  In line with the policies to eradicate poverty, the Department for Social Welfare and Development had launched a national programme for poor families to raise opportunities for children with disabilities to enjoy education.  Among other measures to improve the dignity and rights of persons with disabilities, a national council on disability affairs had also been established.

HASSAN ALI ( Sudan) said his country had always been active and dedicated to the rights of people with disabilities.  Sudan had been at the forefront of adopting laws and rules affirming the rights of persons with disabilities.  It had set up a specialized council on the rights of persons with disabilities.  Centres to manufacture artificial limbs and programmes to support children with disabilities had been set up.  Specialized bodies of the Government were working on implementing many substantive programmes to assist people with disabilities.  Past wars and conflicts in Sudan had left many people in the country with disabilities.  The Government, in cooperation with relevant international parties, had launched demining and disarmament activities, including demobilization and reintegration.  Soldiers with disabilities received special attention through the country’s Disarmament Commission and Disarmament, Demobilization and Reintegration Commission.

ROSA PEÑA-PAULA ( Dominican Republic) said her country had introduced changes for the Constitution to improve the rights of persons with disabilities and was also revising laws to include persons with disabilities in society, among others, measures that guaranteed students with disabilities access to regular education.  There were also provisions in the Constitution to ensure that persons with disabilities could be included in sports.  The country also provided physical provisions for persons with disabilities in all public buildings.  Her country regarded the disabled population as a priority group, in particular in the housing and pension systems.  Among other legislative measures, the penal code had also been changed, increasing the sentences for violence committed against disabled persons.  Her country stood ready to accept that human rights were rights for all, and that persons with disabilities should not be discriminated against.

JAIME HERMIDA CASTILLO ( Nicaragua) said his country had been one of the first States to ratify the Convention.  Nicaragua was convinced of the need to enact legislation to protect disabled people, including those who had been in landmine accidents.  Nicaragua had a law concerning accessibility for people with disabilities, as well as a law that prohibited the acquisition or transport of anti-personnel mines.  A bill concerning the rights of the disabled had been proposed by civil society.  The number of people with disabilities had increased in recent years and there was a considerable population of disabled people.  Disabilities tended to drive people into poverty and unemployment. The government’s new social policy aimed to guarantee proper education, water, sanitation and health care access for disabled persons.  In 2008, the Government signed an agreement with groups of disabled persons to ensure they received the health care they needed. 

KAREEM DALE, Special Assistant for Disability Policy to the President of the United States, said the principles that guided the United Nations Convention on the Rights of Persons with Disabilities were powerful ones -- a respect for inherent human dignity, worth, independence and autonomy; the rejection of discrimination; the shield of equal protection and benefits under the law; the call for full participation and inclusion in society; an insistence on equality of opportunity and accessibility; a respect for difference; and an embrace of diversity.  Those principles resonated profoundly in United States disabilities legislation.  More than 1 in 5 Americans lived with a disability and the 1990 Americans with Disability Act had become a bill of rights for millions of citizens, giving legal force to some of the strongest national protections against discrimination in the world.  The amendments of 2008 provided even more powerful guarantees.

As President Barack Obama had noted, disability rights were not just civil rights to be enforced at home, he said.  They were universal rights to be promoted around the world.  Hence, the United States, on 30 July 2009, had signed the Convention, thereby taking another step on the “great and ongoing American journey towards liberty and equality for all”.  The United States was proud to join the other 141 United Nations Member States that had also signed that important document, and he hoped the United States Senate would give the Convention swift consideration and approval once President Obama submitted it for advice and consent.

For all the progress of recent decades, for all the promise of the Convention, there was still much to be done, he said.  As had been pointed out by the United States Secretary of State, discrimination against people with disabilities was not simply unjust -- it also hindered economic development, limited democracy, burdened families and eroded societies.  So, the human right of citizens with disabilities must be defended “both because it is wise and because it is just”.

CLAUDIA PÉREZ ÁLVAREZ ( Cuba) said her country had signed the Convention on 26 April 2007, and had been the fifth State to do so.  Ratification had come into force in Cuba in 2008.  Cuba’s commitment to the cause of the disabled, however, dated back well before the Convention.  There had been positive developments in such areas as education, employment, housing, technical assistance, sports and culture.  In 1996, the Council for the Care of Persons with Disabilities had been created, in which civil society also participated.  She further described legislative measures carried out by the Government -- notwithstanding the impact of the financial crisis and the blockade imposed by the United States for 50 years -- including making available audiovisual and other services and the provision of computers to non-governmental organizations for persons with disabilities.  Provincial headquarters were working to improve enrolment of persons with disabilities in education, using special programmes and devices. Some disabled students had received a college education and a new Social Security Act would provide a disability pension to workers.

NTHUTHUKO DLAMINI, Minister for Public Works and Transport of Swaziland, said the Convention was enshrined in Swaziland’s Constitution, including the right of the disabled to education, health and employment, among other rights.  The Government had also begun to redesign its offices to enable easy access for disabled persons.  It had just completed construction of The School for the Deaf.  One of the nation’s elected senators had a disability.  The Government had set up a poverty fund for persons with disabilities to finance development projects that contributed to their welfare, as well as the economy as a whole.  Swaziland supported empowerment of disabled persons and their full and effective participation in all areas of society and development.  Further, Swaziland was currently finishing the final stages of a national children’s policy, in consultation with disabled persons, which explicitly included details on children with disabilities.  To mainstream disabled persons into all aspects of development, the Government had created a budget for the developmental needs of the disabled.

CLAUDIA BLUM ( Colombia) said her country was a signatory to the Convention and had taken many measures to implement its provisions.  A special law had been adopted to approve the Convention, which had been reviewed by the Constitutional Court.  Colombia had a broad legislative framework for the benefit of persons with disabilities.  A political framework had been set up to enhance Government actions at ministerial levels.  That cross-cutting approach also sought to improve the relationship between the Government and non-governmental organizations for persons with disabilities.  Her country had a public framework in place for disabled persons using a rights-based approach, enhancing individual rights, participation and responsibility, which aimed at achieving the greatest possible autonomy for persons with disabilities.  A permanent body had been set up for the monitoring of public policy for the disabled. 

HENRI-PAUL NORMANDIN ( Canada) said his country’s signing of the Convention was a signal of its already strong commitment to equal rights.  Canada was giving priority consideration to ratifying the Convention in 2009.  In that regard, domestic consultative processes were nearing completion.  The fundamental obligation of the Convention was to ensure and guarantee equal rights for people with disabilities.  He reiterated the Government’s commitment to ensuring that persons with disabilities were able to fully participate in all aspects of life.

Mr. WAASDORP ( Netherlands) said the decision to convene yearly Conferences of States Parties would contribute greatly to raising awareness regarding persons with disabilities.  He welcomed the full participation of civil society in the Conference.  His delegation would participate actively in the exchange of views.  The Netherlands intended to ratify the Convention in 2010 and intended to give it full effect in its national legislation.  In the meantime, his country would enact legislative measures, with a view to implementing the Convention’s provisions. 

Round Table Discussion

The Conference on States Parties held a round table discussion entitled “Accessibility and reasonable accommodation”.  Raad bin Zeid Al-Hussein of Jordan served as its Chairperson and Gábor Bródi ( Hungary) served as its Vice-Chairperson.  Also participating were Monsur Ahmed Choudhury and Ana Pelaez Narvaez, both members of the Committee on the Rights of Persons with Disabilities, as well as Anne Hawke, President of Rehabilitation International, and Julio Wilfredo Guzman Jara, President of Disabled Persons International.

Opening the round table, Mr. AL-HUSSEIN said accessibility and reasonable accommodations were instrumental to the well-being and achievement of basic rights for people with disabilities, opening the door to accessibility in transport, information, communication, education and health, while providing the disabled person with a sense of satisfaction and freedom.  Legislative measures were now required to ensure enforcement of article 9 of the Convention.  Having an organizational entity under the auspices of a country’s Prime Minister, with a good measure of administrative flexibility and financial independence, would surely expedite that process and it would bring the issue of accessibility closer to parliamentarians and Government decision-makers.

It was of paramount importance that all new buildings be built in accordance with accessibility codes and guidelines, and punitive measures should be taken for lack of compliance, he said.  It was also important to conduct an overall assessment study of the measures necessary to create an open public system that was disability-friendly.  As the world moved toward progress and change, physical accessibility had taken on several further connotations, among them psychological and behavioural accessibility, education and communicative accessibility, technological accessibility and linguistic accessibility.  Legal enforcement of article 9 was now needed.

Mr. BRÓDI said one of the most important innovations of the Convention was that it obligated States Parties to take all the necessary steps to ensure equality and to end discrimination against persons with disabilities.  He expressed hope that the discussion would provide concrete examples on how to accommodate disabled peoples’ special needs.  Regarding resource allocation, it would be useful to see that it was an overall need of a society, and not just a singled-out need of one group.  From a social perspective, that was a real and efficient investment that would benefit society as a whole.  Reasonable accommodation should be seen in terms of accessibility.  Participants should talk in concrete terms about legislative measures to meet the housing requirements of persons with disabilities.

Ms. PELAEZ NARVAEZ stressed the need to respect the diversity of human beings.  Peoples with disabilities should not be treated differently just because they did not fit the norm.  States should create particular legislative and practical measures so that persons with disabilities could live on an equal footing with others and have equal access to the physical environment, transportation, information and communications, and facilities and services in rural and urban areas.  There must be accessibility and some kind of hearings to understand and assess the situation of persons with disabilities.  Measures must include identification and elimination of obstacles and barriers to accessibility.  She called for the creation of national accessibility plans with concrete targets and deadlines, as well as standards and guidelines that would be applicable in each country or region.  The fundamental principle was to ensure that the first part of article 9 was fully implemented.

She called for public procurement and the provision of other measures to establish compulsory accessibility requirements, and monetary fines or penalties for non-compliance.  She also called for measures to facilitate the personal mobility of persons with disabilities through affordable assistive technologies, aids and devices, as well as steps to ensure their ability to use their preferred means of communication and access to information, such as sign languages, Braille, or augmentative and alternative communication.  Accessibility and reasonable accommodation in schools was essential to ensure life-long learning.

Mr. CHOWDHURY said the Convention, rather than establishing new rights, in fact, pulled together all fundamental civic, political, social, economic and cultural rights into one legally binding document.  The Convention had brought new meaning to the ability of disabled people to be fully included in mainstream society.  Accessibility and reasonable accommodation could contribute greatly towards ensuring the dignity of people with disabilities in line with the Universal Declaration of Human Rights.  When looking at accessibility and reasonable accommodation, a planner must keep in mind, among other factors, the special needs created by the disability, the potential benefit that could result from accommodating that disability and whether it would cause undue financial or administrative burden, and whether the requested accommodation was consistent with the general standard housing act or code.

He stressed the importance of taking into account the financial constraints, developmental level, political will and varying degree of socio-cultural and climatic conditions in different parts of the world when seeking to implement the Convention.  While many countries had laws and regulations governing accessibility, enforcement was weak.  Law enforcement agencies and concerned Government departments needed sensitization and orientation to ensure effective enforcement.  Accessibility and reasonable accommodation issues should not be put aside because of resource limitations.  Member States should adopt universal design guidelines within existing resources and capacities, and ensure that architects and engineers were aware of them.   All Member States should set priorities in terms of local needs, he said, stressing that the basic needs of people with disabilities in developing countries were food security, shelter and livelihood.

Mr. GUZMAN JARA said it was necessary to understand the situation in which disabled people lived.  Some 150 million disabled people lacked access to water and basic services.  He implored States Parties to identify specific mechanisms, with tangible guidelines, to develop accessibility for peo

Sixty-third General Assembly

Plenary

105th & 106th Meetings (AM & PM)

General Assembly President Says United Nations Must Be Urgently ‘Reinvented’,
As Time for Reform Has Passed, in Closing Statement to 63rd session

Responsibility to Protect, System-Wide Coherence, Assembly Revitalization,

High-Level Dialogue on Development among Issues Addressed in Assembly Texts

With the world and its peoples facing unprecedented challenges, outgoing General Assembly President Miguel d’Escoto Brockmann today decried blatant inequality in the international system, and urged Member States to generate the political will to tackle poverty, provide safety nets for vulnerable countries and, even more importantly, to reinvent the United Nations and its major organs.

Describing the Assembly’s sixty-third session as “one of the most turbulent in years”, as it had taken place in the shadow of a massive global financial contraction and economic recession, deepening impact of climate change and ongoing food shortages, Mr. d’Escoto said that, while the 192-member body had successfully addressed some of those issues:  “If we fail to make solidarity and a sense of social and environmental responsibility the main driving force behind our human society, then, quite simply, we will not survive.”

“I am one of those who believe that the United Nations has the potential […] to be indispensable to humanity’s efforts to survive crises,” Mr. d’Escoto said, but apparently, some of the Organization’s founding Members did not support, or even believe in its principles.  The problem was that the low level of commitment of some Member States and their willingness to “do whatever they feel like with total and absolute impunity”, with no regard for others, were undermining the Organization’s effectiveness.  During this year, he had come to realize that the time had passed for reforming the United Nations:  “What we need to do is reinvent it, and we need to do it urgently […] for the good of the Earth and of humanity.”

The Assembly held two meetings to wrap up its work ahead of the opening tomorrow of its sixty-forth session.  Mr. d’Escoto’s wide-ranging address capped a day when delegations took action on a number of outstanding issues and adopted key resolutions on matters related to system-wide coherence, “the responsibility to protect”, cooperation between the United Nations and the African Union and Assembly revitalization.

Taking stock of the Assembly’s substantive work over the past year, Mr. d’Escoto highlighted the adoption in July of the outcome document of the United Nations Conference on the World Financial and Economic Crisis and its Impact on Development as an “historic milestone”.  That document had established the Assembly as the most appropriate forum to address issues that affected the entire international community.  It had also led to the creation of an ad hoc working group charged with follow-up on relevant issues such as reform of the current outdated and unfair global financial system, and the Bretton Woods institutions.

“It is precisely because of our failure to resolve the fundamental problems of the economic system, and the extreme poverty and inequality on which it is based, that we have had to resort to palliative measures such as the Millennium Development Goals,” he continued, stressing that no matter how necessary those targets might be, they did not address the need for indispensable international economic reforms.  Right now, the most urgent issue remained the provision of resources to the most vulnerable countries, primarily in the form of donations, or rather, compensation, through a global fund or special drawing rights to finance public goods and agreed development objectives.

He went on to say that Member States were currently at a critical juncture, as the institutions that had been established nearly 65 years ago in San Francisco had undergone a natural and inevitable process of attrition, leading to the present crisis in international economic governance and policy.  While noting that there now might be a “light at the end of the tunnel” since the launch earlier this year of intergovernmental negotiations on the nettlesome issue of Security Council reform, he said much remained to be done if the United Nations was to become worthy of the trust and credibility it needed to carry out its mission effectively.

Among other steps that could be taken to that end, he stressed that only a strong General Assembly, which vigorously exercised its deliberative, policy-making and decision-making role, would be capable of enhancing multilateralism as the best option for relations between States.  He reminded delegations that the most significant achievement thus far in the exercise to reinvigorate the Assembly had been its capacity this year to address existential economic issues, which it had been unable to tackle for nearly three decades.  “[So] revitalization is a political, rather than a technical issue,” he declared.

He expressed satisfaction that during his tenure the Assembly had been able to carry out its agenda and remain attuned to events of international relevance not on its work programme, such as the financial and economic crisis, the recent coup d’état in Honduras, and “the Israeli aggression against Gaza”, at the beginning of the year.  At the same time, inertia on the Palestinian issue had been “my greatest frustration this year”, he said.  Indeed, the Security Council’s apparent indifference to Israel’s ongoing blockade of Gaza had been “disgraceful”.  With the humanitarian situation in Gaza threatening to deteriorate even further, now was the time to demonstrate “with action and not words, a true commitment to the responsibility to protect”.

Turning next to climate change, he said it was now clearer than ever that humankind’s reckless behaviour was putting the planet at risk.  To be effective, the international community’s response must be immediate and forceful.  In terms of economic resources, at least 1 per cent of global gross domestic product (GDP) would be required to mount such a response.  The “major culprits” would have to bear the costs in proportion to their responsibility for the problem, he added.

He also called for the adoption of a “universal declaration on the common good of the Earth and humanity” as a first step to reinventing the Organization, and urged Member States to use the opportunity provided by the upcoming United Nations climate summit in Copenhagen to prove its commitment to Mother Earth and to take the action necessary to defend all life on the planet.

Finally, following a moment of silent reflection, Mr. d’Escoto invited to the podium the President of the sixty-fourth session, Ali Abdussalam Treki, of Libya, and passed him the traditional gavel.

Over the course of the day, the Assembly took a number of forward-looking decisions, including approving the holding of a High-Level Dialogue on Financing for Development, to be held at Headquarters on 23 and 24 November 2009.  The two-day meeting aims to follow up the decisions taken by the 2002 International Conference on Financing for Development, held in Monterrey, Mexico, and the review Conference held last year in Doha, Qatar.

Also, the Assembly adopted, as orally amended, a resolution submitted by President d’Escoto, on system-wide coherence (document A/63/L.103).  That text took up five key areas of concern:  strengthening the institutional arrangements for support of gender equality and women’s empowerment; strengthening governance of operational activities for development of the United Nations system; improving the funding system of operational activities for development of the United Nations system; “delivering as one”; and harmonization of business practices.

In a section on the way forward, the Assembly decided to continue its intergovernmental work on the issues addressed in the resolution during the coming session, with a view to achieving further substantive action in all areas, and it resolves, at the conclusion of its entire process on system-wide coherence, to review and take stock of all its prior actions and deliberations in a single resolution or decision.

Among the resolution’s highlights was an expression of the Assembly’s broad support for a composite entity of a consolidated Office of the Special Adviser on Gender Issues and the Advancement of Women, the Division for the Advancement of Women, the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women, led by an Under-Secretary-General who would report directly to the Secretary-General.

As for delivering as one, the Assembly requested the Secretary-General to urgently undertake an independent evaluation of lessons learned from “programme country pilots” and to inform it of the modalities and terms of reference of that evaluation at its upcoming session.  Concerning harmonization of business practices, the Assembly calls on the Secretary-General, in cooperation with members of the United Nations System Chief Executives Board for Coordination, to continue to simplify and harmonize business practices within the United Nations development system.  It asks him to regularly inform the Economic and Social Council about progress and challenges.

Several speakers, explaining their position after adoption of the resolution, thanked the co-facilitators ‑‑ the Permanent Representatives of Namibia and Spain ‑‑ for guiding the process forward throughout the Assembly’s consultations.  Generally strong support was expressed for consolidating the four entities in the United Nations system dealing with gender issues into a composite entity, headed by an Under-Secretary-General.  Several felt that that reform was a fresh start, a catalyst for bringing an important shift to the work of the United Nations in the area of gender equality and women’s empowerment; one urged that the composite gender entity become operational as soon as possible.

In addition, the issue of funding was also considered a top priority, on which many said it was vital to achieve substantive progress during the coming session, particularly in addressing the persistent imbalance between core and non-core funding.  Some held that improving the governance structures and funding modalities for development work was essential for the Organization to be an effective partner for developing countries as they worked towards achieving the Millennium Development Goals.

The representative of the United Republic of Tanzania said that, as a “delivering as one” pilot country, his country could confirm that the reform process of system-wide coherence at the country level had been “transformative” in many development areas at the country level and had conferred national ownership of the development process in partnership with the United Nations.  He underscored the need for a speedy execution of the independent evaluation of the pilot country, while stressing that the three issues of gender, governance and funding were very different and, thus, could not move at the same pace.  The goal, however, should be to achieve significant results for each.

Japan’s delegate said he had joined consensus in support of reforming the gender architecture, despite “strong dissatisfaction” at the draft’s introduction less than a week before the conclusion of the sixty-third session.  Furthermore, there had been no opportunity for open consultation, and he was displeased with that “opaque consultation process”.  In order to avoid unnecessary bloating of the new entity, the principle of “scrap-and-build” should be strictly applied when rebuilding a “slim” entity.  It was important to conserve United Nations resources by creating an effective United Nations system and investing the saved resources into developing countries.  If those resources could not be secure, it would not be possible to achieve the goals of system-wide coherence.

Similarly, the speaker from the Russian Federation regretted that the resolution had been put to a vote before the Assembly had gone through the text and without substantial and open consultations.  He also had reservations to certain provisions.  In particular, he was not prepared to lend decisive support to creating a composite entity on gender issues before receiving information on institutional arrangements, financing mechanisms and an exhaustive list of answers to the questions that had been raised during discussions held within the framework of the system-wide coherence process.  He was concerned that the Assembly made decisions on a text in a way that violated its own rules of procedure.  Moreover, there was not really a consensus among Member States on the resolution’s content.

Explanations of position after action were also made by the representatives of Egypt (on behalf of the Joint Coordinating Committee of the Non-Aligned Movement and the “Group of 77” developing countries and China), Sweden (on behalf of the European Union), Iceland (on behalf of the Nordic countries), Australia (on behalf of Canada and New Zealand), United States, Mexico, United Kingdom, Ireland, Republic of Korea, Chile, Rwanda, Switzerland and Barbados.

Also generating a brief debate was the Assembly’s adoption of a resolution that took note of the report of the Secretary-General on “the responsibility to protect”, as well as the “timely and productive” debate on the issue held by the world body in late July, 2009 (document A/L.80/Rev.1).  That text, introduced by the representative of Guatemala, also decided the Assembly would continue consideration of the responsibility to protect.

Several speakers took the floor to explain their position after the text’s consensus adoption, including the representatives of Venezuela, Cuba, Syria, Bolivia, Sudan, Iran, Ecuador, Nicaragua and Rwanda.  Most held that the text just adopted was procedural in nature and that more time should be devoted to carefully studying the responsibility to protect concept, based on the agreement reached at the 2005 World Summit.

While there was broad agreement that States should “carefully watch over” the well-being of their citizens, concern was expressed that a responsibility to protect mechanism could devolve into interference in the affairs of sovereign and politically independent States and the use of force, thereby undermining the principles of the United Nations Charter.

Among the other reform-minded decisions taken today, delegations adopted a resolution based on recommendations contained in the report of the Ad Hoc Working Group on Revitalization of the General Assembly (document A/63/959), which called on the Assembly to convene the Working Group during its sixty-fourth session “to identify further ways to enhance the role, authority, effectiveness and efficiency of the Assembly”.

Following that action, the representative of Belarus praised the efforts of all those that had participated in discussions on Assembly revitalization, including members of the Security Council.  He hoped the five permanent Council members would recognize their special responsibility in facilitating ‑‑ “or sometimes simply allowing” ‑‑ bold and meaningful strides of the wider membership to increase the Assembly’s role, and would regard the overall revitalization process not as an “unavoidable nuisance” but rather an indispensable way to ensure the viability and good health of the entire Organization.

Mexico’s representative, speaking on behalf of the Rio Group, said the resolution laid out the various concerns raised by groups during the negotiations.  The Rio Group would, therefore, call on all Member States to step up their efforts to bolster the Assembly’s work, including through rationalizing and streamlining its agenda and improving its voting procedures.  Also, the Rio Group was convinced that the Assembly should play a more relevant role in selecting the Secretary-General, in line with the Charter.

The Assembly also adopted a decision based on recommendations contained in the report of its Open-Ended Working Group on the Question of Equitable Representation on and Increase in the membership of the Security Council and other issues related to the Security Council (document A/63/47).  By that decision, the Assembly took note of that report and decided to convene the Working Group during its sixty-forth session.

Following that action, President d’Escoto noted that the intergovernmental negotiations were ongoing and the Assembly further agreed to immediately continue that exercise in an informal plenary meeting during the sixty-forth session, building on the progress achieved so far.  He urged delegations to turn the negotiations into a practical outcome during the coming session, “because the issue of better Council could not be left for the future”.

The Assembly also adopted a decision on the scope and application of the principle of universal jurisdiction (document A/63/L.100), which placed a relevant item on the agenda of its sixty-fourth session and recommended that it be considered by the Sixth Committee (Legal) during that session.

That text was introduced by the representative of the United Republic of Tanzania on behalf of the African States, who recalled that universal jurisdiction was a well-established international law principle whose purpose was to ensure that individuals who committed grave offences such as piracy, slavery, torture, genocide, war crimes and crimes against humanity did not do so with impunity.

However, he said the extent of its application had never been substantively discussed at the General Assembly, and thus, the African States urged its inclusion on the agenda of the sixty-fourth session for further discussions and agreement on the extent and applicability of the principle in order to create uniformity in its application by domestic courts and further ensure that the doctrine was applied justly by all States without limitations.

Speaking after the decision’s adoption, Rwanda’s representative said the African Group fully subscribed to the principle of universal jurisdiction, as enshrined in international law.  However, that noble principle had been left open to abuse and often misguided political interest, as in the case of his own country.  That misapplication endangered and undermined the very principles of universal jurisdiction and international law.  It was imperative, therefore, that a clear universal mechanism be established to ensure the impartial and appropriate uniform application of universal jurisdiction.

Sweden’s representative, speaking on behalf of the European Union, said that that discussion was first and foremost a legal subject, which rightly belonged in the Sixth Committee (Legal), and he looked forward to discussing it there.

Unanimously adopting a draft resolution on cooperation between the United Nations and the African Union (document A/63/L.101), the Assembly stressed the need for both organizations to develop close cooperation and concrete programmes aimed at addressing the problems in areas such as illicit trafficking in small arms and light weapons.  It emphasized the need to bolster existing cooperation in emerging areas of peace and security, and political and humanitarian affairs.

Further by that text, introduced by the representative of Algeria on behalf of the African Group, the Assembly called on the United Nations system to support the African Union and its Member States in their efforts to implement the internationally agreed development goals, including the Millennium Development Goals.  The United Nations system was also encouraged to intensify efforts, in collaboration with the African Union, in combating the exploitation of natural resources, particularly in conflict areas.

In other business, the Assembly, at the request of the representative of Serbia, decided to reopen consideration of its item on “request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law”.  That representative said the international community was now awaiting the Court’s decision.  Therefore, the issue was open and, as such, should be maintained on the draft agenda of the Assembly’s sixty-fourth session.

Also, the Assembly deferred consideration on a number of items to its sixty-fourth session and placed them in that session’s draft agenda, including on “prevention of armed conflict”; “financing of the United Nations Mission in Timor-Leste”; “Zone of peace and cooperation of the South Atlantic”; “Cooperation between the United Nations and regional and other organizations”; and “Financing the United Nations Mission in Sierra Leone (UNAMSIL)”.  It also deferred consideration of the report of the Secretary-General on peacebuilding in the immediate aftermath of conflict (document A/63/881).

In addition, the Assembly deferred consideration of its item on “the situation in the occupied territories of Azerbaijan”.  Following that action, Armenia’s representative said that, as in previous years, his delegation would again dissociate itself from the consensus on that decision.

It also concluded its consideration of a number of items, including on “Observer status for the Agency for International Trade Information and Cooperation in the General Assembly”.  Finally, a proposed text on a recent agreement by the Food and Agriculture Organization (FAO) Council to convene a world food security summit this coming November, was withdrawn for further consideration.

All delegations taking the floor today expressed appreciation for Mr. d’Escoto’s efforts over the past year and, just before the end of the meeting, the representatives of Iran, Uzbekistan, Brazil, Philippines and Cuba delivered separate statements of appreciation.

The General Assembly will convene the first meeting of its sixty-fourth session at 3 p.m. Tuesday, 15 September.

States Parties to Convention

on Rights of Persons with Disabilities

3rd Meeting (AM)

Equal Legal Rights, Access to Justice Crucial to Implementation of Disabilities
Convention, Say Speakers as Conference of States Parties Continues

Round Table Panellists Underline Decision-making Rights of Disabled People

While giving people with disabilities the same legal rights and access to justice as the non-disabled was a formidable challenge, it was crucial to implementation of the United Nations Convention on the Rights of Persons with Disabilities, speakers said today as the Conference of States Parties to the treaty continued its second session.

Participating in a round table discussion titled “Equal recognition before the law, access to justice and support and decision-making”, many Government, civil society and disability–rights representatives conveyed the message that people with disabilities -- be they blind, deaf, mentally or intellectually challenged -- should be on an equal footing with their non-disabled counterparts in all aspects of life, and actively involved in decisions affecting their lives, in keeping with the concept “nothing about us, without us”.

The meeting specifically addressed article 12 of the Convention on the right of disabled persons to equal legal recognition, capacity and support before the law, and article 13 on their right to equal access to justice as well as support and accommodation in the justice process.

Co-chaired by Noluthando Agatha Mayende-Sibiya, Minister for Women, Youth, Children and Persons with Disabilities of South Africa, and Jim McLay, Permanent Representative of New Zealand to the United Nations, the discussion featured the following panellists: Tirza Leibowitz, Director of Advocacy for Survivor Corps and co-founder of the International Disability Caucus; Tina Minkowitz, Co-Chair of the World Network of Users and Survivors of Psychiatry and founding President of the Centre for the Human Rights of Users and Survivors of Psychiatry; Edah Wangechi Maina, Chief Executive Officer of the Kenya Society for the Mentally Handicapped and Vice-Chairperson of the Committee on the Rights of Persons with Disabilities; and Maria Soledad Cisternas Reyes, a Committee member and human rights expert, political scientist, author and law professor from Chile.

Ms. Leibowitz said that in order to effect real change on the ground, physical and communication barriers to accessing justice must be pinpointed and understood, particularly inside the courtroom.  It meant ending the undignified practice of lifting a defendant with a disability by the hands to reach a room or barring physically disabled lawyers from arguing cases merely because they were wheelchair-bound.  Similarly, a deaf witness must have sign language translation and a blind jury member material in Braille to facilitate participation in court proceedings.  Exclusionary laws that limited the capacity of disabled people to give testimony or otherwise partake in legal proceedings must be abolished.

Ms. Minkowitz, said those rights should carry over into other aspects of life.  For example, the deaf and blind were often denied the right to sign their own bank documents, and some disabled people were not allowed to marry.  People with disabilities should have the right to make their own decisions and their own mistakes.  They deserved full personal and legal rights, support to express themselves effectively and freedom from violence and abuse, often disguised as assistance.

To date, however, no country in the world had completely recognized the right to legal capacity of all people with disabilities or fully eliminated forced mental health treatment, she said.  Some countries had granted limited decision-making rights to the disabled, but they remained under the guardianship of others, often against their will.  Such practices should end and judges should be obligated to respect those rights.  It was equally worrying that family caregivers were often reluctant to relinquish control for fear of what would happen should the disabled person concerned be allowed to make his or her own decisions.

Echoing those concerns, Ms. Maina said that for a disabled person to be recognized as a full person before the law, it would be necessary to abolish rules or programmes that replaced his or her capacity with that of someone else.  Coercive detention and institutionalization of mentally and intellectually challenged people violated their right to equal recognition, while outdated guardianship systems infringed on their fundamental right to liberty and equality.  Rather than assigning them to a guardian, disabled people should receive support for decision-making.  She stressed the importance of building a relationship of mutual trust and understanding, in which the supporter provided the supported person with advice, and discussed suitable options and consequences, in line with the latter’s wishes, so that he or she was empowered rather than subjugated.

Similarly, Ms. Cisternas Reyes noted that many laws declared people with disabilities to be completely incapable, whereas those with intellectual or psychological challenges often had additional faculties that made them fully capable of acting on their own behalf.  The “all or nothing” approach to treatment was flawed and unfair, as disabled people had varying levels of decision-making capacity.  Article 12 represented a paradigm change that intended to change that traditional approach by guaranteeing disabled people the right to act fully for themselves in judicial life, giving them gradual support and safeguard systems, as needed.

The challenge now was to define legally suitable support systems that both respected the will of disabled people and generated social awareness of their circumstances, she said.  Societies must provide community-based rehabilitation and other support to people in need.  Governments were chiefly responsible for creating such support systems, which should be tailored to the specific concerns of the person in question.  Those with severe disabilities should receive the greatest level of care, she stressed, adding that support must be provided under judicial guardianship and reviewed periodically.

Reflecting on those interventions, Ms. Mayende-Sibiya called on States parties to commit themselves to advancing and protecting the rights and dignity of persons with disabilities by translating issues of legal capacity into good practice, enshrining those rights in their respective Constitutions and making their judiciaries user-friendly to disabled people.

Mr. McLay urged Governments to make good on their commitment to article 12, which challenged centuries of legal practice and required States, for the first time, to exam domestic laws to ensure compliance with the Convention.  Many required adjustments should be a product of common sense rather than legal intervention.  For example, while many courtrooms had ramps, they often lacked other services to accommodate disabled people.  A judge should be able to allow an interpreter into a courtroom to accommodate a disabled person without requiring a legal reform to do so.

During the ensuing discussion, many delegates took the floor to shed light on their respective Governments’ efforts to provide equal legal recognition and support for persons with disabilities.  For example, New Zealand’s representative said national laws had been revised to give disabled people greater capacity to make their own decisions, regardless of whether family members felt such decisions were prudent.  Italy’s representative said his country’s Government was scrutinizing the national courts to see whether they were providing proper legal assistance to persons with disabilities, and had abolished the forced institutionalization of the mentally disabled.  Brazil’s representative said his Government was facilitating a greater role for the disabled in the justice system, and the nation’s first blind judge would soon assume office.  Morocco’s representative said his Government had enacted guidelines to ensure that the deaf had sign language interpreters in the courtroom.  It was also important to train and educate the judiciary about the needs and concerns of disabled people.

Thailand’s representative said article 40 of his country’s Constitution required that legal assistance and accommodation be made available to persons with disabilities so as to give them legal access to justice.  In reality, however, it was difficult to draw the line between supportive decision-making and substitute decision-making.  Good guidelines in the form of a handbook or manual that explained those two concepts were essential, as it was difficult to make people understand the importance of equal recognition.

Several civil society representatives also took the floor to express their views.  A representative of Inclusion International said that, while it was heartening to see how far the disability-rights discussion had advanced since the Convention had been negotiated, many States that had signed and ratified the text were still using a form of substitute decision-making for people with intellectual disabilities while calling it something else.  Most people with disabilities could, in fact, make decisions with only informal support.

A representative of the Israel Human Rights Centre for People with Disabilities lamented that legal recognition was woefully lacking in many criminal justice systems.  There was systematic neglect of people facing real barriers, as in the case of a 17-year-old girl with disabilities forced to confront her rapist in a courtroom.  People with disabilities represented a disproportionate number of crime victims -– a truth that society and Governments often failed to acknowledge.  They needed special access to justice as well as investigators and judiciary personnel schooled in how to accommodate their specific needs.

A representative of the International Disability Alliance stressed the importance of considering the proposal presented on Tuesday to set up an intersessional working group and a United Nations fund to encourage national implementation and strong participation in decision-making by representatives of organizations of persons with disabilities.

Also making statements were representatives of the Republic of Korea, Belgium, Sweden, Panama, Argentina and Mexico.

The Conference of States Parties will meet again at 10 a.m. tomorrow, Friday 4 September, to conclude its second session.