complying with the un convention on the rights of persons with disabilities
TRANSCRIPT
COMPLYING WITHTHE UN CONVENTION ON THE
RIGHTS OF PERSONS WITH DISABILITIES
Outline
• Background: CRPD
• SA’s position
• Domestic incorporation
• ‘Compliance’ i.t.o CRPD– Mechanisms to ensure compliance– Reporting on compliance
• Key question for this Committee?
Background: CRPD
• 13 December 2006: CRPD is adopted by the UN General Assembly
• Negotiating history• 3 May 2008: both CRPD and
Optional Protocol enter into force
• State ratifies: Convention legally binding consequences international law
• Obligation to submit state report, falls under monitoring body (Committee on Rights of Persons with Disabilities)
South Africa’s Position
• South Africa: Ratified both CRPD & Optional Protocol on 30 Nov 2007
• For treaty to become legally binding & applicable, states must ratify or accede to CRPD and incorporate it into their national / domestic legal systems
• In SA’s case, what does ‘incorporation’ mean?
Current relationship between UN CRPD and SA law
• Pivotal question: what is legal status within SA law?
• How can CRPD effectively be made part of SA national law (and policy)?
• Look at Constitution: relationship between international and national law
Position of international law and treaties in SA law
• Constitution (1996):• Section 231(2): ‘An international agreement binds the
Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces…’
• Section 231(4): ‘Any international agreement becomes law in the Republic when it is enacted into law by national legislation; but a self-executing provision of an agreement that has been approved by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament’
National implementation & monitoring of CRPD (Art 33)
• State Parties must establish -– National focal points implementation– Coordination mechanism: sectors & levels– Independent mechanisms - national institutions for
protection and promotion of human rights– Legal & administrative frameworks to promote, protect
and monitor implementation– Means to ensure involvement & full participation of
civil society – especially NGOs & DPOs - in monitoring process
CRPD Article 34: Committee on Rights of Persons with Disabilities
• The Committee reviews and acts on reports submitted by the States Parties on progress made in giving effect to their obligations under the Convention
• Optional Protocol: also receives and considers communications from individuals or groups claiming to be victims of a violation by State Party
• Primary function of the Committee: cooperate with States Parties by indicating shortcomings, making suggestions and recommendations to enhance capacity implement CRPD nationally
Reports by States Parties to Committee (Art 35)
• State Parties must to submit progress reports to the Committee
• First report within two years of ratification• Subsequent reports every four years• Preparation of reports to be done in an open and
transparent process• Due consideration to be given to the provisions of Article
4(3) of the Convention: close consultation with and active involvement of persons with disabilities
South African response to Articles 4, 33, 34 and 35 of CRPD
• Article 35 (Reports by States Parties to UN Committee on Rights of Persons with Disabilities):– RSA missed due date for its first report of 30 November 2009– Given extension for its first report (missed)– SA Disability Alliance (SADA) as consultative representative
body of SA disability sector for preparing reports (Art 4(3) & 33(3))
– ‘Shadow reporting’ by civil society DPOs and NGOs – – Umgungundlovo Disability Forum; Article 24 report (?)– [Domestic 15-year review of the White Paper on an Integrated
National Disability Strategy (INDS) (1997) (OSDP (2008)]
Summary of Process
• Tiered process:– Signature and
ratification– incorporating /
transformational enactment in SA law
– Implementation and enforcement
– Monitoring– Remedies and redress
eg WCFID v Government of SA
Key questions – This Committee:
1. Who is implementing the CRPD? (which dept’s)
2. How are they doing this (tools)- Mandate- Laws and policies- Budgets
3. Are they doing it well? (monitoring & evaluation)?
4. How do we know this? (indicators & sources)
