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A/57/357

Comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities : note / by the Secretary-General

UN Document Symbol A/57/357
Convention Convention on the Rights of Persons with Disabilities
Document Type Note by the Secretary-General
Session 57th
Type Document
Description

7 p.

Subjects Persons with Disabilities, Disability, Non-Governmental Organizations, International Instruments

Extracted Text

United Nations A/57/357
General Assembly Distr.: General
27 August 2002
Original: English
02-55022 (E) 250902
*0255022*
Fifty-seventh session
Item 111 (b) of the provisional agenda*
Human rights questions: human rights questions, including
alternative approaches for improving the effective enjoyment
of human rights and fundamental freedoms
Comprehensive and integral international convention to
promote and protect the rights and dignity of persons
with disabilities
Note by the Secretary-General**
I have the honour to submit to the General Assembly, pursuant to General
Assembly resolution 56/168 of 19 December 2001, the report of the Ad Hoc
Committee on a Comprehensive and Integral International Convention on Protection
and Promotion of the Rights and Dignity of Persons with Disabilities.
* A/57/150.
** The document was submitted following the conclusion of the deliberations of the Ad Hoc
Committee on 9 August 2002.

A/57/357
Report of the Ad Hoc Committee on a Comprehensive and Integral
International Convention on Protection and Promotion of the Rights
and Dignity of Persons with Disabilities
I. Introduction
1. In its resolution 56/168 of 19 December 2001, the
General Assembly decided to establish an Ad Hoc
Committee to consider proposals for a comprehensive
and integral international convention to promote and
protect the rights and dignity of persons with
disabilities, based on the holistic approach in the work
done in the fields of social development, human rights
and non-discrimination and taking into account the
recommendations of the Commission on Human Rights
and the Commission for Social Development. The
Assembly also decided that, prior to its fifty-seventh
session, the Ad Hoc Committee should hold at least
one session of a duration of 10 working days.
II. Organizational matters
A. Opening and duration of the
first session
2. The Ad Hoc Committee on a Comprehensive and
Integral International Convention on Protection and
Promotion of the Rights and Dignity of Persons with
Disabilities held its first session at United Nations
Headquarters from 29 July to 9 August 2002. In the
course of its session, the Ad Hoc Committee held 19
plenary meetings and one meeting for panel
discussions.
3. The 1st meeting of the Ad Hoc Committee was
opened by the Vice-President of the General Assembly,
Eladio Loizaga (Paraguay). The Under-Secretary-
General for Economic and Social Affairs made a
statement on behalf of the Secretary-General.
B. Officers
4. At its 1st, 5th and 7th meetings, on 29 and 31
July and 1 August, the Ad Hoc Committee elected the
following officers by acclamation:
Chairman:
Luis Gallegos (Ecuador)
Vice-Chairmen:
Enrique Manalo (Philippines)
Jeanette Ndhlovu (South Africa)
Karina Mårtensson (Sweden)
C. Agenda
5. At its 1st meeting, on 29 July, the Ad Hoc
Committee adopted the following agenda
(A/AC.265/L.1):
1. Opening of the meeting.
2. Adoption of the agenda.
3. Organization of work.
4. General debate on issues concerning a new
international instrument on disability,
including proposals for a comprehensive
and integral international convention to
promote and protect the rights and dignity
of persons with disabilities.
5. Recommendations of the Ad Hoc
Committee.
6. Adoption of the report of the Ad Hoc
Committee to the General Assembly at its
fifty-seventh session.
7. Other business.
D. Documentation
6. The Ad Hoc Committee had before it the
following documents:
(a) Note by the Secretary-General (A/AC.265/1);
(b) Provisional agenda (A/AC.265/L.1);
(c) List of participants (A/AC.265/INF/1);

A/57/357
(d) Comprehensive and integral international
convention to promote and protect the rights and
dignity of persons with disabilities: working paper
submitted by Mexico (A/AC.265/WP.1);
(e) Comprehensive and integral international
convention to promote and protect the rights and
dignity of persons with disabilities: position paper
submitted by the European Union (A/AC.265/WP.2);
(f) Comprehensive and integral international
convention to promote and protect the rights and
dignity of persons with disabilities: position paper
submitted by China (A/AC.265/WP.3);
(g) Compilation of international norms and
standards relating to disability (A/AC.265/CRP.1);
(h) Human rights of persons with disabilities
(A/AC.265/CRP.2);
(i) Interregional Seminar and Symposium on
International Norms and Standards relating to
Disability (A/AC.265/CRP.3);
(j) Report of the United Nations Consultative
Expert Group Meeting on International Norms and
Standards relating to Disability (A/AC.265/CRP.4);
(k) Indicative timetable of work
(A/AC.265/CRP.5);
(l) Critical issues and trends related to
disability and human rights: emerging issues and
concepts (A/AC.265/CRP.6);
(m) Report of the Expert Meeting on a
Comprehensive and Integral International Convention
on Protection and Promotion of the Rights and Dignity
of Persons with Disabilities (A/57/212).
III. Organization of work
7. During its plenary meetings, from 29 to 31 July,
the Ad Hoc Committee heard general statements made
by the representatives of the following countries:
Argentina, Australia, Brazil, Canada, Chile, China,
Croatia, Denmark (on behalf of the States members of
the European Union), the Dominican Republic, India,
Indonesia, Japan, Jordan, Mexico, Norway, the
Philippines, the Republic of Korea, Sierra Leone,
South Africa, Uganda, the United States of America
and Uruguay. General statements were also made by
representatives of the International Labour
Organization (ILO) and the Office of the United
Nations High Commissioner for Human Rights.
Representatives of the following non-governmental
organizations also made statements: Disabled Peoples’
International, Inclusion International, Madre Inc.,
Support Coalition International, World Blind Union,
World Federation of the Deaf and World Federation for
Mental Health.
8. At its 8th meeting, on 1 August, the Ad Hoc
Committee decided to organize its work in accordance
with a thematic approach, including: kind and scope of
legal instrument; the relation of that instrument to other
human rights instruments and the United Nations
standard rules and overarching principles/rights;
equality in civil and political rights; equality in
economic, social and cultural rights; panel discussions;
monitoring mechanisms; and other topics.
9. At the 14th meeting, on 6 August, upon the
request of the Ad Hoc Committee, the Division for
Social Policy and Development, Department of
Economic and Social Affairs, organized a panel
meeting for delegates and representatives of nongovernmental
organizations to exchange views on the
issues with representatives of United Nations agencies
and programmes. The panel was opened by the Chief
of the Social Integration Branch of the Division for
Social Policy and Development, and moderated by
Bengt Lindqvist, the Special Rapporteur on Disability
of the Commission for Social Development. The
following officials of United Nations departments,
offices, organs and organizations presented briefings
on agreed subjects: Chief, Programme on Disability,
Social Integration Branch, Department of Economic
and Social Affairs of the United Nations Secretariat;
Chief, Women’s Rights Unit, Division for the
Advancement of Women, Office of the Special Adviser
on Gender Issues and Advancement of Women,
Department of Economic and Social Affairs; Chief,
Population and Development Section, Population
Division, Department of Economic and Social Affairs;
Chief, Demographic and Social Statistics Branch,
Statistical Division, Department of Economic and
Social Affairs; Project Officer, Child Protection
Programme Division, United Nations Children’s Fund;
Adviser to the United Nations High Commissioner for
Human Rights; Deputy Director, New York Office of
the International Labour Organization; and the
representative of the World Health Organization.
Gerald Quinn, author of the study conducted by the

A/57/357
Office of the United Nations High Commissioner for
Human Rights, also participated in the panel.
IV. Decision on the modalities for the
participation of accredited nongovernmental
organizations in the
Ad Hoc Committee in considering
proposals for a comprehensive and
integral international convention to
promote and protect the rights and
dignity of persons with disabilities
10. At its 8th meeting, on 1 August, on the proposal
of the Chairman, the Ad Hoc Committee decided:
(a) That representatives from non-governmental
organizations accredited to the Ad Hoc Committee1
may participate in the work of the Ad Hoc Committee
by:
(i) Attending any public meeting of the Ad Hoc
Committee;
(ii) Making statements, given the availability of
time, in accordance with current United Nations
practice;
(iii) When time is limited, selecting from among
themselves spokespersons, on a balanced and
transparent basis, taking into account equitable
geographical representation and the diversity of
non-governmental organizations;
(iv) Receiving copies of the official documents,
as well as making written or other presentations.
Written presentations shall not be issued as
official documents except in accordance with
Economic and Social Council resolution 1996/31
of 25 July 1996. Furthermore, non-governmental
organizations may make their material available
to delegations in accessible areas designated by
the Secretariat;
(b) That the above-mentioned modalities shall
in no way create a precedent for other ad hoc
committees of the General Assembly.
11. The Ad Hoc Committee recalled its decision,
adopted at its 10th meeting, on 2 August, to extend an
1 See annex.
invitation to regional commissions, United Nations
bodies and mechanisms, experts, national human rights
institutions and national disability institutions to
participate in its future sessions.
V. Recommendations
12. The Ad Hoc Committee recommends that the
Committee hold its second session in New York, in
May/June 2003, and that the dates and the venue of the
session be included in the relevant resolution to be
adopted by the General Assembly at its fifty-seventh
session.
13. The Ad Hoc Committee invites its Bureau to hold
an intersessional meeting for the preparation and
organization of the second session of the Ad Hoc
Committee, including the preparation of a provisional
agenda, which should be issued at least six weeks prior
to the second session and which should contain, inter
alia, an indication of the framework for a thematic
discussion.
14. The Ad Hoc Committee also invites its Bureau to
organize, at the next session of the Ad Hoc Committee,
panel discussions on key thematic issues with the
participation of experts and United Nations
organizations and, in this context, invites Member
States to nominate experts to participate in the panel.
15. With regard to accessibility, and in accordance
with General Assembly decision 56/474 of 23 July
2002, on the participation of persons with disabilities
in the Ad Hoc Committee, the Committee strongly
recommends the Secretary-General implement some
measures, within existing resources, as first steps, to
facilitate accessibility to the United Nations premises,
technology and documents and invites, among others,
persons with disabilities and experts to present
proposals in this regard.
16. The Committee recommends to the General
Assembly the adoption of the following draft
resolution:
“Ad Hoc Committee to consider proposals on a
Comprehensive and Integral International
Convention on Protection and Promotion of
the Rights and Dignity of Persons with
Disabilities
“The General Assembly,

A/57/357
“Recalling its resolution 56/168 of 19
December 2001, by which it established the Ad
Hoc Committee on a Comprehensive and Integral
International Convention on Protection and
Promotion of the Rights and Dignity of Persons
with Disabilities, as well as Commission on
Human Rights resolution 2002/61 of 25 April
2002,2 on the human rights of persons with
disabilities, and Economic and Social Council
resolution 2002/7 of 24 July 2002, on a
comprehensive and integral international
convention to promote and protect the rights and
dignity of persons with disabilities and resolution
2002/26 of 24 July 2002, on the further
promotion of equalization of opportunities by, for
and with persons with disabilities and protection
of their human rights,
“Stressing the importance of the active
participation of non-governmental organizations
in the work of the Ad Hoc Committee, and the
important contribution of non-governmental
organizations to the promotion of human rights
and fundamental freedoms of persons with
disabilities,
“Underlining that the consideration of
proposals for a convention should complement
concrete efforts to mainstream further the
disability perspective into the implementation of
international obligations and into the monitoring
mechanisms of the six core United Nations
human rights conventions, as well as the process
of implementing and strengthening the United
Nations Standard Rules on the Equalization of
Opportunities for Persons with Disabilities,3
“Welcoming the work of national, regional
and international meetings of Governments,
experts, and non-governmental organizations that
contributed to the work of the Ad Hoc
Committee,
“Reaffirming the need to promote and
protect the equal and effective enjoyment of all
human rights and fundamental freedoms by
persons with disabilities, aware of the
contribution that a convention could make in this
2 Official Records of the Economic and Social Council,
2002, Supplement No. 23 (E/2002/23), chap. II, sect. A.
3 Resolution 48/96, annex.
regard and thus convinced of the need to continue
to consider proposals,
“1. Takes note with appreciation of the
report of the Ad Hoc Committee on a
Comprehensive and Integral International
Convention on Protection and Promotion of the
Rights and Dignity of Persons with Disabilities
on its first session;4
“2. Requests the Secretary-General to
transmit the report of the Ad Hoc Committee to
the Commission on Social Development at its
forty-first session and to the Commission on
Human Rights at its fifty-ninth session;
“3. Decides that the Ad Hoc Committee
should hold, within existing resources, at least
one meeting in 2003 of a duration of ten working
days, prior to the fifty-eighth session of the
General Assembly;
“4. Encourages States to hold meetings or
seminars to contribute to the work of the Ad Hoc
Committee, in cooperation with, as appropriate,
the Division for Social Policy and Development
of the Department of Economic and Social
Affairs, United Nations Secretariat, the Office of
the United Nations High Commissioner for
Human Rights, the Special Rapporteur on
Disability of the Commission for Social
Development and non-governmental
organizations;
“5. Requests the Secretary-General to seek
the views of Member States, observer States,
relevant bodies and organizations of the United
Nations system, including relevant human rights
treaty bodies and the Special Rapporteur on
Disability of the Commission for Social
Development, on proposals for a convention
including, inter alia, questions relating to its
nature and structure and the elements to be
considered, including the work done in the field
of social development, human rights and
non-discrimination, as well as issues of follow-up
and monitoring and the complementarity between
a new instrument and existing instruments;
“6. Also requests the Secretary-General to
submit to the Ad Hoc Committee at its second
4 A/57/357.
A/57/357
session a comprehensive report on the views
submitted, to be issued at least six weeks before
the commencement of the second session;
“7. Invites the regional commissions and
intergovernmental organizations, within their
respective mandates, as well as non-governmental
organizations, national disability and human
rights institutions and independent experts with
an interest in the matter, to make available to the
Ad Hoc Committee suggestions and possible
elements to be considered in proposals for a
convention;
“8. Welcomes the contributions of the
Special Rapporteur on Disability of the
Commission for Social Development and the
Office of the United Nations High Commissioner
for Human Rights to the work of the Ad Hoc
Committee and invites them to continue to
collaborate with the Ad Hoc Committee and with
each other in this regard;
“9. Urges that further efforts be made to
ensure the active participation of nongovernmental
organizations in the Ad Hoc
Committee in accordance with Assembly
resolution 56/510 of 23 July 2002 and the
decision of the Ad Hoc Committee on the
modalities for the participation of
non-governmental organizations in the work of
the Committee;5
“10. Further urges that efforts be made to
ensure that accessibility, with reasonable
accommodation insofar as facilities and
documentation, is improved for all persons with
disabilities, in accordance with Assembly
decision 56/473 of 23 July 2002;
“11. Requests the Secretary-General to
continue to provide the Ad Hoc Committee with
the facilities necessary for the performance of its
work and, in this context, invites the Secretary-
General to reallocate resources in order to allow
the United Nations Programme on Disability to
provide the necessary support to the Ad Hoc
Committee;
“12. Encourages Member States to involve
persons with disabilities, representatives of
5 See chap. IV above.
disability organizations and experts in the
preparatory processes contributing to the work of
the Ad Hoc Committee;
“13. Encourages Member States to include
persons with disabilities and/or other experts in
the field in their delegations to the meetings of
the Ad Hoc Committee;
“14. Decides to establish a voluntary fund
to support the participation of non-governmental
organizations and experts from developing
countries, in particular from the least developed
countries, and invites Governments, civil society
and the private sector to contribute to the
voluntary fund;
“15. Requests the Secretary-General to
forward a comprehensive report of the Ad Hoc
Committee to the Assembly at its fifty-eighth
session.”
VI. Adoption of the report of the Ad
Hoc Committee
17. At the 19th meeting, on 9 August, Jeanette
Ndhlovu (South Africa), as Vice-Chairperson with
rapporteurial responsibilities, introduced the draft
report of the Ad Hoc Committee (A/AC.265/2).
18. At the same meeting, the Ad Hoc Committee
adopted its report to the General Assembly at its fifty-seventh
session (A/AC.265/2), as orally amended.
A/57/357
Annex
List of non-governmental organizations accredited to the Ad
Hoc Committee on a Comprehensive and Integral
International Convention on Protection and Promotion of
the Rights and Dignity of Persons with Disabilities
Center for International Rehabilitation
European Disability Forum
Inter-American Institute on Disability
Landmine Survivors Network
Venture House
Mental Disability Rights International
Asociación Civil contra la Discriminación (Civil Association against
Discrimination)
Communications Coordination Committee for the United Nations
IUS Gentium Conimbrigae Institute-Human Rights Centre