A/C.5/61/15
Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities
UN Document Symbol | A/C.5/61/15 |
---|---|
Convention | Convention on the Rights of Persons with Disabilities |
Document Type | Statement submitted by the Secretary-General |
Session | 61st |
Type | Document |
Description |
11 p., tables |
Subjects | Persons with Disabilities |
Extracted Text
United Nations A/C.5/61/15
General Assembly
Distr.: Limited
7 December 2006
Original: English
06-64718 (E) 081206
*0664718*
Sixty-first session
Fifth Committee
Agenda items 67 (b) and 117
Promotion and protection of human rights: human rights
questions, including alternative approaches for improving the
effective enjoyment of human rights and fundamental freedoms
Programme budget for the biennium 2006-2007
Ad Hoc Committee on a Comprehensive and Integral
International Convention on the Protection and Promotion
of the Rights and Dignity of Persons with Disabilities
Convention on the Rights of Persons with Disabilities
Programme budget implications of the draft resolution contained
in document A/AC.265/2006/L.8/Rev.1
Statement submitted by the Secretary-General in accordance with
rule 153 of the rules of procedure of the General Assembly
I. Introduction
1. At the 21st meeting of its resumed eighth session, on 5 December 2006, the Ad
Hoc Committee on a Comprehensive and Integral International Convention on the
Protection and Promotion of the Rights and Dignity of Persons with Disabilities
decided to recommend to the General Assembly for adoption the draft resolution
contained in document A/AC.265/2006/L.8/Rev.1 and the draft Convention on the
Rights of Persons with Disabilities contained in document A/AC.265/2006/L.7 and
Corr.1. Owing to time constraints, a statement of the programme budget
implications of the draft resolution was presented orally to the Committee. The
present statement is submitted to provide more detailed information to the General
Assembly on the programme budget implications of the decisions of the Ad Hoc
Committee.
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II. Requests contained in the draft resolution
2. Under the terms of operative paragraphs 2, 4 and 5 of the draft resolution
(A/AC.256/2006/L.8/Rev.1), the General Assembly would:
(a) Adopt the Convention and the Optional Protocol to the Convention,
which would be open for signature at United Nations Headquarters in New York as
from 30 March 2007;
(b) Request the Secretary-General to provide the staff and facilities
necessary for the effective performance of the functions of the Conference of the
States Parties and the Committee under the Convention and the Optional Protocol
after the entry into force of the Convention, as well as for the dissemination of
information on the Convention and the Optional Protocol;
(c) Also request the Secretary-General to implement progressively standards
and guidelines for the accessibility of facilities and services of the United Nations
system, taking into account relevant provisions of the Convention, in particular
when undertaking renovations.
3. It is the Secretary-Generals understanding that in the light of these requests,
the costs associated with the implementation of the Convention should be met from
the regular budget of the United Nations. Consequently, the present statement is
submitted outlining the financial implications of the Convention as a whole, if
adopted.
III. Activities required under the Convention and requested
in the draft resolution
4. Should the Convention and the Optional Protocol be adopted, various
activities, as described below, would need to be undertaken upon the entry into force
of the Convention, which, in accordance with article 45 of the Convention, is due on
the thirtieth day after the deposit of the twentieth instrument of ratification or
accession.
A. Conference of the States Parties to the Convention
5. In accordance with article 40 of the Convention, no later than six months after
the entry into force of the Convention, the Conference of the States Parties would be
convened by the Secretary-General. The subsequent meetings would be convened by
the Secretary-General biennially or upon the decision of the Conference of the
States Parties. It is the understanding of the Secretary-General, as in accordance
with article 42, that the Convention would be open for signature at United Nations
Headquarters in New York and the first and subsequent meetings of States parties
would be held in New York. Consequently, it is assumed that the first meeting of the
States parties would be convened in the second half of 2007 or the first half of 2008,
but no later than six months after the date of the entry into force of the Convention.
6. In accordance with article 34 of the Convention, the Committee on the Rights
of Persons with Disabilities would be established. It would consist, at the time of
entry into force of the Convention, of 12 experts. After an additional 60 ratifications
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or accessions to the Convention, the membership of the Committee would increase
by 6 members, attaining a maximum number of 18 members. Members of the
Committee would be elected by States parties. The initial election of the members of
the Committee at meetings of the Conference of the States Parties would be held no
later than six months after the date of entry into force of the Convention.
B. Sessions of the Committee
7. While the Committee, in accordance with article 34 of the Convention, would
establish its own rules of procedure, it is assumed that it would hold two sessions
annually of five days each. The Secretary-General, subject to the entry into force of
the Convention and the election of the Committee members, intends to convene the
first regular session of the Committee for five days in the second half of 2007 or in
the first half of 2008. In accordance with the principle established by the General
Assembly in its resolution 40/243 of 18 December 1985, the Committee would meet
at the headquarters of its substantive secretariat (Office of the United Nations High
Commissioner for Human Rights) in Geneva, which would be reflected in the
calendar of conferences for future bienniums.
8. At its first regular session, the Committee would be expected, inter alia, to
consider and adopt its rules of procedure, to consider and decide on guidelines to the
content of the reports by States parties and to take decisions on matters relevant to
the organization of its future work. Travel and subsistence costs would be required
to be paid in respect of 12 members of the Committee. Given the requirement that
the Committee members reflect a balance of experts with disabilities, it is envisaged
that some experts would need to be accompanied by assistants and that sign
interpretation would be required at the meetings of the Committee.
C. Processing of the reports submitted by States parties to
the Convention
9. Under article 35 of the Convention, States parties would submit to the
Committee, through the Secretary-General, reports on measures taken to give effect
to its obligations under the Convention and on the progress made in this regard,
within two years after the entry into force of the Convention for the State party
concerned. Thereafter, States parties would submit subsequent reports at least every
four years and further whenever the Committee so requested. Under article 39, the
Committee would report every two years to the General Assembly and to the
Economic and Social Council on its activities and might make suggestions and
general recommendations based on the examination of reports and information
received from the States parties.
D. Handling communications from individuals
10. Under article 1 of the Optional Protocol to the Convention, States parties to the
Protocol would recognize the competence of the Committee on the Rights of
Persons with Disabilities to receive and consider communications from or on behalf
of individuals or groups of individuals subject to its jurisdiction who claim to be
victims of a violation by that State party of the provisions of the Convention. The
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Committee would hold closed meetings when examining communications under the
Protocol and would forward its suggestions and recommendations, if any, to the
State party concerned and to the petitioner. Subject to the entry into force of the
Convention, the Optional Protocol would enter into force on the thirtieth day after
the deposit of the tenth instrument of ratification or accession.
E. Consideration by the Committee of violations by States parties
11. Under article 6 of the Optional Protocol, if the Committee received reliable
information indicating grave or systematic violations by a State party of rights set
forth in the Convention, the Committee would invite that State party to cooperate in
the examination of the information. The Committee might also designate one or
more of its members to conduct an inquiry and to report urgently to the Committee
and, where warranted and with the consent of the State party, the inquiry might
include a visit to the State partys territory. As mentioned above, subject to the entry
into force of the Convention, the Optional Protocol would enter into force on the
thirtieth day after the deposit of the tenth instrument of ratification or accession.
F. Accessibility of facilities and services consistent with
the Convention
12. It is assumed that measures to ensure accessibility of facilities and services,
requested under paragraph 5 of the draft resolution, would include, but not be
limited to, the following arrangements with regard to the meetings of the Committee
and of the Conference of the States Parties:
(a) Provision of a ramp to provide access to the podium in the conference
room;
(b) Provision of sufficient space and conditions in the conference room to
enable greater mobility and improved access to desks for wheelchair users;
(c) Provision of a sufficient number of hearing loops;
(d) Provision of closed captioning services in the official languages, when
required;
(e) Provision of necessary assistance and seating capacity to sign language
interpreters for other languages who might be brought independently by delegations
and non-governmental organizations;
(f) Provision of all documentation, statements delivered and other texts
under consideration at the meeting in accessible electronic format, including audio
format, when possible;
(g) Provision of all official documentation in large text and Braille formats.
13. It is also understood that comprehensive arrangements in accordance with
article 9 of the Convention, including standards and guidelines for the accessibility
of facilities and services by the United Nations system would be progressively
developed, taken account of and implemented by entities of the United Nations
system as authorized by their respective governing bodies.
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IV. Relationship of the proposed requests to the biennial
programme plan and priorities for the period 2006-2007
14. The activities requested in the draft resolution fall under subprogramme 3,
Social policy and development, of programme 7, Economic and social affairs, and
subprogramme 2, Supporting human rights bodies and organs, of programme 19,
Human rights, of the biennial programme plan and priorities for the period 2006-
2007.1 As the activities foreseen in the draft resolution have already been addressed
under both programmes, no additional changes would be required should the
General Assembly adopt the draft resolution.
V. Resources available within the programme budget for the
biennium 2006-2007
15. In the programme budget for the biennium 2006-2007, specific activities and
resources with regard to disability were addressed under section 9, Economic and
social affairs, and section 23, Human rights.
16. The programme of work related to disability in subprogramme 3, Social policy
and development, of budget section 9, Economic and social affairs, includes:
(a) servicing of meetings of the General Assembly, the Commission on Social
Development and the Ad Hoc Committee; (b) advocacy and capacity-building
initiatives, monitoring and reporting on the mandates related to the World
Programme of Action concerning Disabled Persons and the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities; (c) management of the
United Nations Voluntary Fund on Disability and its grants; (d) communications and
cooperation with Member States, non-governmental organizations, other United
Nations system entities and other partners on disability issues; (e) supporting the
work of the Special Rapporteur on disability of the Commission for Social
Development; (f) planning and communication around the International Day of
Disabled Persons; and (g) production of Braille materials and timely management of
the website, meetings, conferences and events. The staff resources allocated to these
activities in the programme budget for the biennium 2006-2007 comprise eight posts
(1 P-5, 2 P-4, 2 P-3, 1 P-2/1 and 2 General Service (Other level)).
17. It is expected that the existing staff complement under section 9 would
continue dealing with activities under the Convention by, inter alia, providing
substantive and technical services to the Conference of the States Parties in
cooperation with the New York Office of the United Nations High Commissioner for
Human Rights (OHCHR); preparing manuals, handbooks and guidelines; and
organizing capacity-building activities in support of the ratification and
implementation of the Convention.
18. Under section 23, Human rights, of the programme budget for the biennium
2006-2007, the Treaties and Council Branch assigns staffing on an ad hoc basis to
meet the needs of the various treaty bodies as and when they arise. In the Research
and Right to Development Branch there is one P-4 staff member with thematic
__________________
1 Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 6 and
corrigendum (A/59/6/Rev.1 and Corr.1).
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responsibility for disability issues. However there are no posts dedicated
specifically to work on matters relating to the Convention.
VI. Financial impact of the activities required under the
draft resolution
19. The additional costs arising from the adoption of the draft resolution are
indicated below.
A. Section 23, Human rights
20. In order to provide minimal substantive and technical secretariat services to
the States parties and the Committee on the Rights of Persons with Disabilities,
three posts (1 P-4, 1 P-3 and 1 General Service (Other level)) would be required,
with the related annual costs amounting to approximately $393,500.
21. It is envisaged that the Committee would hold two sessions annually of five
days each. While the Committee would initially comprise 12 experts, it is expected
that some experts will have physical and sensory disabilities that will require them
to travel with assistants. Consequently, the related travel and per diem costs for 12
experts and 12 assistants would amount to $150,400 per session, or $300,800 per
annum. It is assumed that the Committee would hold its first session in the second
half of 2007 or in 2008.
22. As mentioned in paragraph 11 above, under article 6 of the Optional Protocol,
the Committee might designate one or more of its members to conduct an inquiry,
which might include a visit to the State partys territory. It is estimated that each
visit would be of at least one weeks duration and be carried out by three Committee
members, accompanied by three assistants, four staff members and four interpreters.
It is also assumed that two visits would be carried out in 2009 with the related travel
and per diem costs estimated at $61,300 per visit, or $122,600 per annum.
23. In accordance with operative paragraph 5 of the draft resolution, OHCHR
would prepare one handbook on the Convention for States, human rights field
presences and civil society and one fact sheet on the Convention prior to the entry
into force of the Convention, presumably in 2007. The total related cost is estimated
at $160,200.
24. Under article 34 of the Convention, with the approval of the General
Assembly, the members of the Committee would receive emoluments from the
United Nations on such terms and conditions as the Assembly may decide. It is
recalled that the General Assembly, in its resolution 56/272 of 27 March 2002, with
effect from 6 April 2002 set the level of all existing honorariums at $1 per year per
member of the related organs. It is expected that provisions of this resolution would
also apply to the Committee on the Rights of Persons with Disabilities, unless
decided otherwise by the General Assembly.
25. It is also assumed that dissemination of information on the Convention and the
Optional Protocol would be implemented by OHCHR and the Department of Public
Information of the Secretariat within their existing capacities.
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B. Section 2, General Assembly and Economic and Social Council
affairs and conference management
26. It is assumed that the first Conference of the States Parties would be convened
for three days in New York in the second part of 2007 or in the first part of 2008,
but no later than six months after the date of the entry into force of the Convention.
It is estimated that it would require conference services for six meetings (two
meetings per day) with interpretation services in all six languages. Documentation
requirements are estimated at 100 pages of pre-session, 100 pages of in-session and
100 pages of post-session documentation in six languages and summary records for
the three-day session. The related conference services costs of these meetings are
estimated at $797,300.
27. It is also assumed that the first regular session of the Committee would be
convened for five days in the second half of 2007 or in the first half of 2008 at the
United Nations Office at Geneva. It is estimated that the session would require
conference services for 10 meetings (2 meetings per day) with interpretation
services in all six languages. Documentation requirements are estimated at 700
pages of pre-session, 50 pages of in-session and 750 pages of post-session
documentation in six languages and summary records for the five-day session. The
provision of sign language interpretation for the five-day session in English, French
and Spanish would also be required. The related total costs are estimated (on a fullcost
basis) at $1,977,200 per session. It is further understood that there would be
two sessions per year in 2008 and 2009.
28. As there is a need for the provision of selected documents in Braille to the
Conference of the States Parties and to the Committee, the related requirements are
estimated at $6,400 per session.
C. Section 28, Management and support services
29. The central support services requirements in connection with conference
servicing, including provision of sound technicians, clerical support, etc., are
estimated at $3,200 for the Conference of the States Parties under section 28D,
Office of Central Support Services, and $3,200 per session of the Committee under
section 28E, Administration, Geneva, respectively, of the programme budget.
30. It is also estimated that arrangements to ensure accessibility of facilities and
services with regard to the meetings of the Committee and of the Conference of the
States Parties, as indicated in paragraph 12 above, would be met from within
existing resources in accordance with General Assembly decision 56/474 of 23 July
2002.
31. As regards the request in paragraph 5 of the draft resolution to implement
progressively standards and guidelines for the accessibility of facilities and services
by the United Nations system, bearing in mind the relevant provisions of the
Convention, the related requirements would be taken into account during further
consideration of the renovation of the United Nations Headquarters facilities under
the Capital Master Plan. It is assumed that other entities of the United Nations
system would present related budget requirements for consideration by their
respective governing bodies.
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32. The details of the requirements are contained in annexes I and II to the present
statement. Provided below under the two possible scenarios of the first meeting
being held in 2007 or 2008, are the estimated costs (in United States dollars)
relating to implementation of the provisions of the draft resolution:
First meeting in 2007 2007 2008 2009 2008-2009
Section 2, General Assembly and Economic and Social Council affairs and conference management Section 23, Human rights (staff costs, travel requirements for representatives, staff and documents) Section 28D, Office of Central Support Services Section 28E, Administration, Geneva 2 787 300 507 300 3 200 3 200 3 967 200 694 300 6 400 4 770 900 816 900 3 200 6 400 8 738 100 1 511 200 3 200 12 800
Total 3 301 000 4 667 900 5 597 400 10 265 300
First meeting in 2008 2007 2008 2009 2008-2009
Section 2, General Assembly and Economic and Social Council affairs and conference management Section 23, Human rights (staff costs, travel requirements for representatives, staff and documents) Section 28D, Office of Central Support Services Section 28E, Administration, Geneva 4 770 900 657 700 3 200 6 400 3 967 200 620 100 6 400 8 738 100 1 277 800 3 200 12 800
Total 5 438 200 4 593 700 10 031 900
VII. Potential for absorption
33. Should the Convention enter into force in 2007 and the Conference and the
Committee meet in 2007, additional requirements for the programme budget for the
biennium 2006-2007 would amount to $3,301,000, including $2,787,300 under
section 2, General Assembly and Economic and Social Council Affairs and
conference management, $507,300 under section 23, Human rights, $3,200 under
section 28D, Office of Central Support Services, and $3,200 under section 28E,
Administration, Geneva, of the programme budget for the biennium 2006-2007 (see
annex I).
34. Should the Convention enter into force in late 2007 and the Conference of the
States Parties and sessions of the Committee commence meeting in 2008, additional
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resources of $10,031,900 would be considered in the context of the proposed
programme budget for the biennium 2008-2009 (see annex II).
35. Provision has already been made under section 2 of the programme budget for
the biennium 2006-2007 in the amount of $1,462,600 for servicing two annual
sessions of the Ad Hoc Committee and two annual meetings of the pre-sessional
working groups in 2007. Accordingly, the net additional conference servicing
requirements in 2007 related to the Convention would amount to $1,324,700. In
addition, should the Convention enter into force and the Conference of the States
Parties and the first session of the Committee on the Rights of Persons with
Disabilities be held in 2007, the Secretariat would revert to the General Assembly
on meeting the conference servicing requirements in accordance with established
procedures. It is envisaged that to the fullest extent possible the estimated
expenditures attributable to implementation of the proposed activities under
section 23, Human rights ($507,300) and section 28, Management and support
services ($6,400) would be met from within existing resources. Any additional
expenditures would be reported accordingly in the context of the second
performance report for the biennium 2006-2007.
VIII. Summary
36. Should draft resolution A/AC.265/2006/L.8/Rev.1 be adopted by the
General Assembly, no immediate financial implications would arise. Additional
provisions of $10,031,900 would be requested in the context of the proposed
programme budget for the biennium 2008-2009. Further, should the
Convention enter into force and the Conference of the States Parties and the
first session of the Committee on the Rights of Persons with Disabilities be held
in 2007, the Secretariat would revert to the General Assembly on meeting the
conference servicing requirements in accordance with established procedures.
37. Further, it is envisaged that, to the fullest extent possible for the biennium
2006-2007, the estimated expenditures attributable to implementation of the
proposed activities under section 23, Human rights ($507,300) and section 28,
Management and support services ($6,400) would be met from within existing
resources. Any additional expenditures would be reported accordingly in the
context of the second performance report for the biennium 2006-2007.
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Annex I
Conference of the States Parties and the Committee start
meeting in 2007
(United States dollars)
2007 2008 2009 2008-2009
Section 23, Human rights Committee on the Rights of Persons with Disabilities Travel of members and assistants to regular sessions Country visits by members and assistants under the Optional Protocol 150 400 300 800 300 800 122 600 601 600 122 600
Subtotal 150 400 300 800 423 400 724 200
Committees secretariat New posts (1 P-4, 1 P-3 and 1 General Service (Other level)) Preparation of the handbook on the Convention and one fact sheet 196 700 160 200 393 500 393 500 787 000 160 200
Subtotal 356 900 393 500 393 500 947 200
Total, section 23 507 300 694 300 816 900 1 671 400
Section 2, General Assembly and Economic and Social Council affairs and conference management Conference of the States Parties (New York) Regular sessions of the Committee Provision of selected documents in Braille to the Conference and to the Committee 797 300 1 977 200 12 800 3 954 400 12 800 797 300 3 954 400 19 200 797 300 7 908 800 32 000
Total, section 2 2 787 300 3 967 200 4 770 900 8 738 100
Section 28, Management and support services Section 28D, Office of Central Support Services Section 28E, Administration, Geneva 3 200 3 200 6 400 3 200 6 400 3 200 12 800
Total, section 28 6 400 6 400 9 600 16 000
Grand total 3 301 000 4 667 900 5 597 400 10 265 300
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Annex II
Conference of the States Parties and the Committee start
meeting in 2008
(United States dollars)
2008 2009 2008-2009
Section 23, Human rights Committee on the Rights of Persons with Disabilities Travel of members and assistants to regular sessions Country visits by members and assistants under the Optional Protocol 300 800 300 800 122 600 601 600 122 600
Subtotal 300 800 423 400 724 200
Committees secretariat New posts (1 P-4, 1 P-3 and 1 General Service (Other level)) Preparation of the handbook on the Convention and one fact sheet 196 700 160 200 196 700 393 400 160 200
Subtotal 356 900 196 700 553 600
Total, section 23 657 700 620 100 1 277 800
Section 2, General Assembly and Economic and Social Council affairs and conference management Conference of the States Parties (New York) Regular sessions of the Committee Provision of selected documents in Braille to the Conference and to the Committee 797 300 3 954 400 19 200 3 954 400 12 800 797 300 7 908 800 32 000
Total, section 2 4 770 900 3 967 200 8 738 100
Section 28, Management and support services Section 28D, Office of Central Support Services Section 28E, Administration, Geneva 3 200 6 400 6 400 3 200 12 800
Total, section 28 9 600 6 400 16 000
Grand total 5 438 200 4 593 700 10 031 900