Weekly Summary of the Negotiations on the Convention on the Rights of Persons with Disabilities, August 23-27, 2004

Monday, August 23

            The fourth session of the Ad Hoc Committee which is negotiating the draft text of the International Convention on the Rights of People with Disabilities convened at UN headquarters in New York today.  The session will advance discussions on key issues that will shape the content of the convention.  More than 100 governments were represented by delegations, and all seats reserved for observers were occupied by representatives of NGOs and inter-governmental organizations.

            After the Committee adopted the agenda, discussions turned to issues not discussed during the third UN Committee meeting, which met from May through June.  Country delegations and representatives of NGOs discussed possible titles for the convention, with a general consensus emerging that the convention should have a short and more accessible title.  Discussion also focused on the structure of the convention, with many government and NGO delegations noting that the structure should be consistent with human rights.  Discussions advanced much more quickly than anticipated.  Issues expected to be debated on Tuesday and Wednesday actually discussed during the Monday afternoon session.  As a result, both governments issues, such as the definition of “disability”, and what type of monitoring mechanism should be adopted in the convention.  A number of  country delegations and NGOs spoke on the subject of monitoring.  Adnan al Aboudi, speaking on behalf of Landmine Survivors Network as well as a number of other NGOs, issued a statement on monitoring, supporting, among others things, a strong and effective monitoring system active at the national, regional and international levels.  The much-awaited response of the EU on monitoring was postponed, as the delegation was unprepared to issue its statement so early in the session. 

            On Tuesday, discussions will resume, with the issue of monitoring expected to be given additional time so that the EU may issue its statement.  Afterwards, consideration of Articles 1-15 is expected to begin.

            During the lunchtime NGO briefing sessions, Ambassador Gallegos, the Chair of the Ad Hoc Committee, indicated that a consensus had not yet emerged on the subject of NGO participation.  He indicated that he expected NGOs to be free to attend sessions and make statements during the first week when discussions of Article 1-15 were going to take place.  He said that governments were negotiating a compromise solution to address NGO participation during the remainder of the session.  The EU, represented by the Netherlands, held a briefing with NGOs, introducing their delegation to the NGOs present and reiterating their desire to work closely with people with disabilities and their organizations throughout the process. 


Tuesday, 24 August

            The second session of the UN Committee met to advance the drafting of the International Convention on the Rights of Persons with Disabilities. The issue of NGO was participation still unresolved. 

            At the beginning of the session, the subject of monitoring was reopened, to allow the EU to deliver its intervention on the matter of monitoring.   The EU intervention was vague on details and raised concern that stalling tactics were being used to halt progress on the important matter of monitoring the substantive human rights of the convention.

            Near the end of the morning session, the Chairman of the Committee, Ambassador Gallegos, broke off the meeting for informal consultations on the matter of NGO participation in the remaining sessions of the two-week period.  Informal consultations took place for more than one hour, followed by a reconvening of the session, where Ambassador Gallegos announced the compromise reached, which would allow NGOs access with the right of interventions during the first week, when discussions on Articles 1-15 would take place.  During the second week, NGOs would be allowed to observe, and closed sessions would take place as necessary.  While a disappointment to NGOs, the compromise did retain some level of access for the rest of the session, provided that closed sessions are not selected as a working method.

            During a lunchtime press conference and briefing in which UN Special Rapporteur on Disability, Sheika Hissa al Thani, and Ambassador Gallegos made an appearance, the Center for International Rehabilitation issued its much-awaited Regional Americas Report, as part of its International Disability Monitoring Project.

            The afternoon session launched the official second reading of Articles 1-4, with discussions to resume on Wednesday morning.


Wednesday, 25 August

            The third day of the Committee meetings resumed with discussions on the draft convention text, beginning with Article 4 on General Obligations, and ending with discussion of Article 8 on the Right to Life.  The United States, in a rare intervention, commented on Article 8, issuing its firm support for its inclusion, and suggesting additional language to place more stringent protections on the right to life insofar as it relates to people with disabilities.

            The International Disability Caucus, a loose coalition of over 35 disabled peoples' organizations and their allies, continued to issue joint interventions on each and every article, making full use of this week's allowance of NGO statements.

            Events continue to fill lunchtime hours, with the highlight of today being the briefing on reasonable accommodation sponsored by the Japanese Government and Japanese NGOs.


Thursday, 26 August

            The fourth day of the Committee meeting resumed this morning at UN Headquarters, with consideration of Article 9.  Shortly before the lunch break, Ambassador Gallegos announced the process to follow the consideration of Articles 1-15.  He introduced the coordinator of the process for the second week, Ambassador Mackay from New Zealand.  (Ambassador Mackay had very successfully coordinated the Working Group meetings that took place in January 2004.)   Ambassador Mackay expressed his gratitude for being entrusted with the role of coordinator of Articles 1 to 15, and indicated his intention to help facilitate a synthesis of the many proposals put forward by delegations with regard to Article 15 on independent living.

            Side briefings on issues continue each day.  Today's briefing highlight included a session sponsored by the United States delegation on civic access for persons with disabilities.  Despite its professed intention to stay neutral and relatively silent during the plenary sessions, the United States delegation continues to weigh in on substantive articles.

Friday, 27 August

            Day 5 of the UN Committee discussions began with continued debate on Draft Article 13 (Freedom of Expression and Opinion and Access to Information), and quickly moved on to Draft Article 14 (Respect for Privacy the Home and Family), Draft Article 15 (Living Independently), and finished with Draft Article 24bis (International Cooperation).  Governments largely reiterated their positions, whilst providing some initial responses to proposals set forth in the third session of the Ad Hoc Committee.

             Ambassador Mackay of New Zealand, the coordinator of the informal discussions beginning next week, indicated that discussion would begin with Draft Article 4 (General Obligations).  Draft Articles 1 and 2 have already been extensively handled by the Chair, and it was the view of many delegations that Draft Article 3 (Definitions) should be addressed again later in the process.  Ambassador Mackay further indicated that delegations with specific suggestions or questions about article should contact the relevant coordinators.

            Side events today included a briefing on independent living by Rehabilitation International, a briefing on discrimination organized by the European Commission, and an informational session for NGOs organized by the U.S. delegation.  During the briefing, the U.S. delegation made clear that it has been given the authority to intervene on matters of international law considered important to the United States.  Interventions made by the U.S. so far have been on issues such as the right to life, independent living, monitoring, and international cooperation. 

            The Disability Caucus announced an invitation to all governments, inter-governmental organizations, and specialized agencies of the UN to meet with the Caucus on Tuesday.  Given that NGOs will not be allowed to formally intervene in the discussions during the second week, this meeting will provide delegates with an opportunity to hear the NGO positions on articles as the process develops.

Monday, 30 August

            August 30 was the first day of informal meetings in the 4^th Session of the UN Meetings.  Coordinator of the informal meetings, Ambassador Mackay of New Zealand, led the Committee through a discussion of Draft Article 4(General Obligations). 

            NGOs, who are not permitted to speak during the informal meetings, began preparation for a meeting with governments on Tuesday.  This meeting will provide a forum for between NGOs and government delegations.

             Additional events on Monday included a briefing by the Mission of France regarding "Access to Social Rights for Persons with Disabilities in Europe."


Tuesday, 31 August

            The Committee reconvened this morning with little progress made on the text yesterday.  Discussions revolved around the slow pace, with delegates concerned about the impossibility of reviewing more than one half of the convention articles by the end of the session. 

            Both government delegates and members of the NGO community enjoyed an evening reception hosted by the Canadian delegation.  The buzz at the reception centered around the number and duration the UN Committee sessions to occur in 2005, with delegates and NGOs weighing in on this crucial decision.  Discussions also focused on the differing opinions among the government delegations and NGOs as to how the convention text should address families of persons with disabilities. 

Wednesday, 1 September

            Day 8 continued the facilitated informal discussion of Draft Article 6 (Data and Statistics).  The Coordinator, Ambassador Mackay of New Zealand, introduced Landmine Survivors Network’s proposed draft of Article 6 (contained in our legal analysis of the text from the third session of the Committee), as an alternative and more streamlined proposal, incorporating principles related to the collection and use of data that upholds international human rights and ethical standards.  After an extensive discussion of the article, the Coordinator asked Mexico and Israel (who had submitted amendments to the Working Group text), to prepare a new draft text incorporating elements of the EU, LSN, Mexican and Israeli proposals, as well as issues raised by other delegations.  This new text was presented during the afternoon session, and received broad support.  The Mexican/Israeli proposal will be used as a basis for further discussion, with amendments to streamline the text likely.

            The afternoon discussion also included an examination of Draft Article 5 (Awareness Raising).  This discussion proceeded very slowly, with delegates agreeing only to incorporate a footnote in the first paragraph.  It is unclear how and when additional changes to this article will be made.

             Lunchtime briefings included, “Making Legal Procedures Accessible to Crime Victims with Disabilities: Bridging an Indefensible Gap,” organized by the Israel Human Rights Center for People with Disabilities and a seminar on “Possible Impacts of the Convention in Different Countries and Regions”, organized by the Japanese Disability Forum (JDF) and the Permanent Mission of Japan to the United Nations.


Thursday, 2 September

            Day 9 of the Committee meeting continued the facilitated review of Article 7 (Non-discrimination and Equality), one of the core components of the Convention.  It quickly became clear that key parts of the Article are still some way from any kind of consensus.

             Today's lunchtime briefing highlight included a session on women with disabilities.  The afternoon session returned to Article 7, with Ambassador Mackay facilitating until the close of the session.  Debate continues tomorrow, the last day of the session.

            Some states continue to be very optimistic that a convention can indeed be ready for adoption by October 2005.  Others expressed concern that the pace of negotiation seems to have slowed, and that more time might be necessary to complete the negotiation process. 


Friday, 3 September

            The last day of the Committee meeting finished early, with Ambassador Mackay leading delegates through a further consideration of Draft Article 7 (Equality and Non-Discrimination), and Ambassador Gallegos chairing the adoption of the report.

            Earlier in the morning, Ambassador Mackay gave delegates a sobering commentary on the rate of speed at which negotiations were progressing.  He indicated that at the current speeds of progress, it would take "five years" to complete the current reading of all articles - and that would not be the stage at which negotiations were finalized. Government and NGO delegates alike left this Ad Hoc Committee meeting wondering how we all might contribute to a faster, quality process.

Click Here to view the summaries from the June Negotiations