HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON REPORTS OF THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS AND OF THE SECRETARY-GENERAL

The Human Rights Council this morning heard a presentation by Kyung-wha Kang, the Deputy High Commissioner for Human Rights, of a number of reports on genocide, arbitrary deprivation of nationality, activities of the United Nations Development Fund for Women to eliminate violence against women, and the protection of human rights in the context of HIV/AIDS, among others. The Council then held a general debate on its agenda item on reports presented by the Office of the High Commissioner for Human Rights and the Secretary-General.

Also this morning, the Council held its annual interactive debate on the rights of persons with disabilities, hearing from High Commissioner for Human Rights Navi Pillay and a number of panellists, including two members of the Committee on the Rights of Persons with Disabilities, before opening the floor to national delegations, non-governmental organizations and others.

The Deputy High Commissioner for Human Rights said with regards to the report on the prevention of genocide, this referred to the work of the Secretary-General's Special Advisor and the United Nations human rights system in the prevention of genocide. Also before the Human Rights Council was the Office of the High Commissioner for Human Rights report on the enhancement of international cooperation in the field of human rights. The report by the Secretary-General on missing persons presented information on the rights of families to know the fate of their relatives reported missing during armed conflicts. There were also reports on arbitrary deprivation of nationality, cooperation with representatives of United Nations Human rights bodies, the rights of persons belonging to national or ethnic, religious and linguistic minorities, operations of the United Nations Voluntary Fund for Victims of Torture, and the report of the United Nations Development Fund for Women.

Ms. Kang said in the report on the composition of the Office's staff, the Office had continued to vigorously implement the framework and procedures for improving geographic diversity, and the report showed a clear positive trend in this regard. There were other reports on the question of the realisation in all countries of economic, social and political rights, the protection of human rights in the context of HIV and AIDS, enhancing awareness and understanding on the Convention on the Rights of Persons with Disabilities, the Trust Fund on Contemporary Slavery, the rights of indigenous peoples, national human rights institutions, the Board of Trustees of the Voluntary Fund for Technical Cooperation in the field of Human Rights, the enjoyment of cultural rights of everyone and respect for cultural diversity, the relationship between climate change and human rights, the elimination of discrimination against persons affected by leprosy, trafficking in persons, and the report of the Secretary-General on the question of the death penalty.

In the general debate on the reports by the Office of the High Commissioner for Human Rights and the Secretary-General, speakers raised issues concerning the fight against HIV/AIDS and the promotion and protection of human rights for all; the rights of indigenous peoples and minorities; the effect of climate change on small island states; missing persons in armed conflict; trafficking in persons; and discrimination against leprosy patients, among others.

Speaking in the general debate were Brazil, the Russian Federation, the Philippines, Azerbaijan, Belarus, and Venezuela. The United Nations Development Programme, speaking also on behalf of UNAIDS, took the floor as did representatives for the Association for World Education and North-South XXI.

Sri Lanka and Iraq exercised their right of reply.

Navi Pillay, the United Nations High Commissioner for Human Rights, addressing the annual interactive debate on the rights of persons with disabilities, welcomed the initiative of the Human Rights Council in holding this discussion on the rights of persons with disabilities. She said with the entry into force of the Convention of the Rights of Persons with Disabilities last May 2008, a major legal protection gap was filled. The implementing bodies established by the Convention were in the initial phases of their institutional development: the Conference of States Parties met in October last year, while the Committee on the Rights of Persons with Disabilities had just concluded its first meeting. Two of its Expert Members were at the Council today. As the principal United Nations human rights institution, the Council was perfectly positioned to advance the Convention’s goals amongst States and within the United Nations system.

The panellists to the interactive debate were Amita Dhanda of the International Disability Alliance–the International Disability Alliance Convention on the Rights of Persons Forum; Gyorgy Koncyei, Member of the Committee on the Rights of Persons with Disabilities; Edah Wangechi Maina, Member of the Committee on the Rights of Persons with Disabilities; and Barbara Murray, Disability Specialist with the International Labour Organization.

Speaking in the interactive debate were Yemen on behalf of the Arab Group, Cuba on behalf of the Non-Aligned Movement, Chile on behalf of the Group of Latin American and Caribbean States, Czech Republic on behalf of the European Union, Pakistan on behalf of the Organization of the Islamic Conference, Mexico, New Zealand, Russian Federation, Indonesia, China, Canada, Burkina Faso, Algeria, Philippines, Iran, Turkey, Advisory Council of Human Rights of Morocco, South Africa, United States, Malaysia, Thailand, Tunisia, Italy, Ukraine, Australia, European Commission, Brazil, Saudi Arabia, Nigeria, Kenya, Slovenia, Morocco, United Nations Population Fund, Yemen and Costa Rica. The following non-governmental organizations also spoke: Asia Pacific Forum and European Disability Forum.

In the interactive debate, speakers said that the large number of countries that had ratified the Convention allowed for the assertion that the effective implementation was removing the barriers that prevented persons with disabilities from participating fully in society. It was stressed that much needed to be done to achieve equality and the full integration of persons with disabilities in different countries of the world. Countries needed to put into practice the paradigm shift set out in the Convention, so as to recognize persons with disabilities as full rights holders under the law. Measures needed to focus on awareness raising and training and capacity-building by means of specific administrative and legislative measures taken at the national level. Several speakers underlined that many States did not have the necessary administrative and legal structures to fulfil the obligations flowing from the Convention. The promotion and protection of the rights of persons with disabilities required resources in the human, financial and technological contexts, and these resources were not always available. Another issue raised was the real persistence of social prejudice present in all societies against persons with disabilities. One speaker said it was important that the international community paid attention to the challenges and constraints faced by most of the developing countries in promoting and protecting the rights of persons with disabilities. The problems of resource constraints, poverty, underdevelopment, lack of infrastructures and now compounded by the global economic and financial crisis had made efforts by Governments even more difficult.

At 3 p.m. this afternoon, the Council will hold interactive dialogues with the Working Groups on arbitrary detention and on mercenaries.

Documents

Under the agenda item of the annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, the Council has before it the report by the United Nations High Commissioner for Human Rights on the enhancement of international cooperation in the field of human rights (A/HRC/10/26), which summarizes replies from the Governments of Greece, Lebanon, Spain and Venezuela, as well as from the United Nations Population Fund, the National Human Rights Committee of Qatar, the Office of the Salvadorian human rights Ombudsman, and the non-governmental organization Federation of Cuban Women. The report says that regional cooperation between individual States and groups and between groups is a sine qua non condition for enhancing cooperation in this field, regardless of the groupings within the Council. Intra regional initiatives should be encouraged in the Council as much as outside its boundaries. There is ample room for efforts to increase bilateral cooperation through the linkage of development cooperation to human rights. Cooperation among States should be based on the understanding of differences between States and the diversity of political, economic, social, cultural and religious systems. International cooperation should also be based on solidarity so that costs and obligations are distributed fairly, namely, in conformity with the principles of equity and social justice.

The Council also has before it the report of the Secretary-General on Missing Persons (A/HRC/10/28), which contains information on the action by the General Assembly on missing persons; the panel discussion on the question of missing persons held at the ninth session of the Human Rights Council, on 22 September 2008; the rights of families to know the fate of their relatives reported missing during armed conflicts; and the assistance provided to States and recent measures taken to address issues relating to missing persons by the International Committee of the Red Cross, the International Commission on Missing Persons and the Council of Europe. The report says that the General Assembly called on States parties to an armed conflict to determine the identity and fate of persons reported missing in connection with the armed conflict and, to the greatest extent possible, provide their family members with information on their fate. It urges States to encourage intergovernmental and non-governmental organizations to provide appropriate assistance as requested by concerned States, and welcomes the establishment and efforts of commissions and working groups on missing persons. The report says that it is essential that additional measures be taken by States, intergovernmental and non-governmental organizations to prevent persons from going missing, to establish the right to know, collect, protect and manage credible and reliable data on missing persons, to develop their forensic science capacities and to address impunity. The issue of missing persons is particularly severe in the context of armed conflict. Measures should be taken to minimize this phenomenon, which should be addressed at the national, regional and international levels, as well as in peacebuilding processes.

The Council has before it a note by the Secretariat on the Elimination of All Forms of Racial Discrimination, (A/HRC/10/33), which says that it is submitted pursuant to resolution 2005/64, in which the Commission on Human Rights requested the Office of the United Nations High Commissioner for Human Rights to publish a list of countries that had not yet ratified the International Convention on the Elimination of All Forms of Racial Discrimination, to initiate a reinvigorated campaign for universal ratification of the Convention, and to report on its efforts in that regard. In accordance with resolution 2005/64, the Office of the High Commissioner for Human Rights has published the list of countries which have not yet ratified the Convention on its website.

It has before it a report by the Secretary-General on Arbitrary Deprivation of Nationality (A/HRC/10/34), which says that information was received from the Governments of Algeria, Angola, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Colombia, Congo, Costa Rica, Ecuador, Finland, Georgia, Greece, Guatemala, Iraq, the Islamic Republic of Iran, Jamaica, Kuwait, Mauritius, Monaco, Montenegro, Qatar, Russian Federation, Spain, the Syrian Arab Republic, Ukraine and Venezuela. In response to letters sent to various intergovernmental and non-governmental organizations the Office of the United Nations High Commissioner for Refugees and Refugees International provided further information.

The Council is considering a report by the Secretary-General on Progress on reports and studies relevant to cooperation with representatives of United Nations human rights bodies (A/HRC/10/36) which lays out the methodological framework according to which action for the protection of victims of reprisals was taken by representatives of United Nations human rights bodies. It also gives an account of situations in which persons have reportedly been intimidated or suffered reprisals for having cooperated with representatives of United Nations human rights bodies, for having availed themselves of international procedures, for having provided legal assistance for this purpose and/or as relatives of victims of human rights violations. The report underlines the continued seriousness of such reprisals as victims suffer violations of the most fundamental human rights. The gravity of reported acts of reprisal reinforces the need for all representatives of United Nations human rights bodies in cooperation with States to continue to take urgent steps to help prevent the occurrence of such acts and ensure that they are not treated with impunity.

The Council is considering the report of the Secretary-General on The rights of persons belonging to national or ethnic, religious and linguistic minorities (A/HRC/10/38), which contains a review of relevant developments arising out of the work of the treaty bodies and special procedures and information on OHCHR activities in the field in 2007 and 2008 and at headquarters since the submission of the interim report. The addendum to the report (A/HRC/10/38/Add.1) is a summary report of the expert meeting on integration with diversity in policing, held on 15 and 16 January 2008, mentioned briefly in the interim report. On the basis of General Assembly resolution 56/162 and Commission on Human Rights resolution 2003/50, human rights treaty bodies and special procedures (thematic and to a lesser extent country mandates) continue to monitor situations and rights of persons belonging to national or ethnic, religious and linguistic minorities. Some examples of such focus are given in the report. They do not include the work of the independent expert on minorities, who will submit a separate report.

The Note by the Secretary-General on Operations of the United Nations Voluntary Fund for Victims of Torture (A/HRC/10/40) presents updated information on the activities of the United Nations Voluntary Fund for Victims of Torture, and in particular the recommendations adopted by the Board of Trustees of the Fund at its twenty-ninth session, held in Geneva from 13 to 17 October 2008. The United Nations High Commissioner for Human Rights approved the recommendations on behalf of the Secretary-General. The note will be complemented by the report of the Secretary-General on the activities of the Fund, to be submitted to the General Assembly at its sixty-fourth session, detailing the outcomes of the twenty-ninth and thirtieth sessions of the Board of Trustees.

The report of the Secretary-General on the Joint Work Plan of the Division for the Advancement of Women and the Office of the United Nations High Commissioner for Human Rights (A/HRC/10/42) provides a review of the implementation of the 2008 joint work plan of the Division for the Advancement of Women and the Office of the United Nations High Commissioner for Human Rights. 2It also contains the joint work plan for 2009. Cooperation between OHCHR and the Division for the Advancement of Women continued in 2008 with the goal of achieving equality between women and men and the promotion and protection of women’s human rights. The major activities that were carried out jointly are outlined. The Division for the Advancement of Women will continue to implement its mandated responsibilities with regard to women’s human rights in follow-up to the Beijing Declaration and Platform for Action and the outcome of the twenty-third special session of the General Assembly, and other relevant mandates. The Division will cooperate with OHCHR and exchange information of relevance in support of the work of human rights treaty bodies and enhanced mainstreaming of gender perspectives in their work.

A Note by the Secretary-General (A/HRC/10/43) on the Report of the United Nations Development Fund for Women on the activities of the Fund to eliminate violence against women contains the report to the fifty-third session of the Commission on the Status of Women and the tenth session of the Human Rights Council describes progress according to the strategic directions of the United Nations Trust Fund in 2008, as well as the programming of UNIFEM on violence against women. It notes that the normative environment for strengthening efforts to address violence against women and girls has improved considerably in recent years. An increasing number of Governments have passed national laws, policies and plans of action and States Members of the United Nations have repeatedly issued resolutions. United Nations reform and the emphasis on “delivering as one” are also galvanizing an increasing number of United Nations agencies, funds and programmes to intensify their contributions to eliminating violence against women and girls, both collectively and within their own mandates.

The report of the Secretary-General on The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) (A/HRC/10/47) provides an update on actions taken by Governments, United Nations organs, programmes and specialized agencies, international and non governmental organizations to ensure the respect, protection and fulfilment of HIV/AIDS-related human rights, as contained in the guidelines on HIV/AIDS and human rights. It concludes that, while some progress has been made in the global response to the epidemic a number of human rights challenges remain, which pose barriers to achieving universal access to HIV prevention, treatment, care and support.

The report of the Secretary-General on the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery (A/HRC/10/49) contains the recommendations adopted by the Board of Trustees of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery at its thirteenth session, held in Geneva from 8 to 12 September 2008 and approved by the United Nations High Commissioner for Human Rights on behalf of the Secretary-General. It covers in particular: the financial status of the Fund; new project grants for 2008; progress in implementing the recommendations of the Office of Internal Oversight Services; and the Board’s needs assessment for 2009. It updates the report of the Secretary-General to the General Assembly at its sixty-second session (A/62/180).

The report of the United Nations High Commissioner for Human Rights on The rights of indigenous peoples (A/HRC/10/51) is a final report supplementing the interim report, and contains a review of relevant developments in the rights of indigenous peoples, including specific references to the United Nations Declaration on the Rights of Indigenous Peoples, arising out of the work of the treaty bodies, special procedures and Office of the High Commission for Human Rights field presences from 2007 to 2008. The report is intended to contribute to the implementation of article 42 of the Declaration, which called on the United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States to promote respect for and full application of the provisions of the Declaration and to follow up on its effectiveness. The report also includes a review of the work of treaty bodies and special procedures presented through the most regularly observed issues, including good practices and challenges, relating to the rights of indigenous peoples; the relevant activities conducted by the Council, in particular the reports of the High Commissioner on safe drinking water and climate change; and good practices by Office of the High Commissioner for Human Rights field presences to advance the rights of indigenous peoples at the national and regional levels. In recommendations, the High Commissioner invites the Council to consider the nature of the Office of the High Commissioner for Human Rights annual report on the rights of indigenous peoples and to consider grouping all reports on the rights of indigenous peoples to be submitted to the Council at one session of the year.

The report of the Secretary-General on National institutions for the promotion and protection of human rights (A/HRC/10/54) covers the period from January to December 2008, and contains information on the activities undertaken by the Office of the United Nations High Commissioner for Human Rights in relation to national human rights institutions; measures taken by Governments and institutions in this regard; partnership initiatives with United Nations agencies and other international and regional organizations; and cooperation between national human rights institutions and international human rights mechanisms to promote and protect human rights. Specifically, the report highlights the main achievements, challenges and priorities for Office of the High Commissioner for Human Rights at the national level, where efforts span from encouraging preliminary steps in the establishment of national human rights institutions to supporting their ongoing longevity and effectiveness in fulfilling their mandate. It also discusses the role played by Office of the High Commissioner for Human Rights in facilitating cooperation between those institutions at the regional and international levels and summarizes key activities conducted in this regard, such as the ninth International Conference of National Human Rights Institutions. Information regarding the work of national human rights institutions in respect of specific thematic issues, such as conflict prevention and the prevention of torture, the sixtieth anniversary of the Universal Declaration of Human Rights, the rule of law and the administration of justice, and transitional justice, is also included.

The report of the Secretary General on Process currently utilized by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights to accredit national institutions compliant with the Paris Principles (A/HRC/10/55) outlines progress achieved since the previous report on the accreditation of national human rights institutions to the Human Rights Council (A/HRC/7/70) and should be read in conjunction with the report of the Secretary General on national institutions for the promotion and protection of human rights (A/HRC/10/54), which includes, inter alia, information on ways and means of enhancing the participation of the said institutions in the work of the Council.

Report of the High Commissioner for Human Rights on the Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity (A/HRC/10/60) summarizes contributions and views expressed by Governments, intergovernmental and non-governmental organizations on the content and scope of a possible future mandate of an independent expert in the field of cultural rights. The wide variety of different approaches contained in the responses received only allowed to draw some very general conclusions at the end of the report. Fifteen out of the seventeen responses received supported the establishment of an independent expert in the field of cultural rights and cultural diversity. Two contributions considered that there was no need for a new special procedures mandate in this area. Submissions that favoured the establishment of an independent expert mechanism generally shared the opinion that it would enhance the understanding and protection of cultural rights, as well as help bridge a protection gap suffered by cultural rights. Those opposing the creation of a new mandate argued that existing norms and mechanisms within the United Nations system adequately addressed cultural rights or that cultural rights should be further mainstreamed and strengthened within existing human rights mechanisms.

Report of the Office of the United Nations High Commissioner for Human Rights on The relationship between climate change and human rights (A/HRC/10/61) discusses how observed and projected impacts of climate change have implications for the enjoyment of human rights and for the obligations of States under international human rights law. It presents the main features of climate change as defined in the reports of the Intergovernmental Panel on Climate Change and central aspects of current climate change debates under the United Nations Framework Convention on Climate Change. The report also outlines various implications of climate change for human rights, commenting on: the relationship between the environment and human rights; implications of the effects of climate change for the enjoyment of specific rights; vulnerabilities of specific groups; human rights implications of climate change-induced displacement and conflict; and human rights implications of measures to address climate change. It also includes the relation between the impacts of climate change on human rights with relevant obligations under international human rights law, which are also summarized in annex I to the present report; and draws conclusions on the relationship between climate change and human rights.

The Report of the Office of the United Nations High Commissioner for Human Rights on the latest developments in the United Nations relating to combating trafficking in persons as well as on the activities of the Office on this issue (A/HRC/10/64) reviews the recent policy developments and activities within the United Nations system to combat trafficking in persons, including the activities of United Nations entities, the Office of the High Commissioner for Human Rights, as well as of the United Nations human rights mechanisms. It further presents the Recommended Principles and Guidelines on Human Rights and Human Trafficking, developed by the Office of the High Commissioner for Human Rights in 2002.

A number of report on the prevention of genocide (A/HRC/10/25) and (A/HRC/10/30), on the composition of the OHCHR staff (A/HRC/10/45), on the realization in all countries of economic, social and cultural rights (A/HRC/10/46), thematic study on enhancing awareness and understanding of the Convention on the Rights of Persons with Disabilities (A/HRC/10/48), and on trafficking in persons (A/HRC/10/64) were not immediately available.

Presentation by Deputy High Commissioner for Human Rights

KYUNG-WHA KANG, United Nations Deputy High Commissioner for Human Rights, said with regards to the report on the prevention of genocide, this contained a summary of the views received by the High Commissioner from States, relevant United Nations agencies, treaty bodies and Special Procedures, and also referred to the work of the Secretary-General's Special Advisor and the United Nations human rights system in the prevention of genocide. Also before the Human Rights Council was the Office of the High Commissioner for Human Rights report on the enhancement of international cooperation in the field of human rights, summarising replies received in response to a request for information to States, inter-Governmental and non-governmental organizations on ways and means to enhance international cooperation and dialogue in the United Nations human rights machinery, including the Human Rights Council. The report by the Secretary-General on missing persons built on developments since the last report, presenting information on the rights of families to know the fate of their relatives reported missing during armed conflicts, and illustrating measures to be taken by States, inter-Governmental and non-governmental organizations to prevent persons from going missing, establishing the right to know, collect, protect and manage credible and reliable data and develop forensic capability.

The report of the Secretary-General on arbitrary deprivation of nationality compiled and summarised responses to a note verbale sent as a follow-up to Human Rights Council resolution A/HRC/7/10, provided by Governments as well as by the Office of the High Commissioner for Refugees, and one non-governmental organization. It also outlined those Member States' constitutional and legal provisions regarding the granting and deprivation of nationality. The report on cooperation with representatives of United Nations Human rights bodies reviewed cases of intimidation, harassment and reprisals against private individuals or groups who sought to cooperate with the United Nations and its human rights bodies or against family members of victims of human rights violations. The report on the rights of persons belonging to national or ethnic, religious and linguistic minorities featured the activities the Office had carried out to strengthen the protection and promotion of these rights. The report on the operations of the United Nations Voluntary Fund for Victims of Torture covered the activities of the Fund since August 2008.

The note on the report of the United Nations Development Fund for Women reflected the progress made according to the strategic directions of the Fund in 2008. With regards to the report on the composition of the Office's staff, the Office had continued to vigorously implement the framework and procedures for improving geographic diversity, and the report showed a clear positive trend in this regard. The report of the Secretary-General on the question of the realisation in all countries of economic, social and political rights focused on activities undertaken by the Office, treaty bodies, and Special Procedures. The progress report on the protection of human rights in the context of HIV and AIDS provided an update on actions taken by Governments, United Nations entities, international and non-governmental organizations to ensure the respect, protection, and fulfilment of HIV/AIDS-related human rights.

An Office thematic study on enhancing awareness and understanding on the Convention on the Rights of Persons with Disabilities was submitted, focusing on legal measures, such as those concerning equality and non-discrimination that were key to the effective implementation of the Convention. The report on the Trust Fund on Contemporary Slavery contained the recommendations adopted by the Board of Trustees of the Fund at its thirteenth session. The report on the rights of indigenous peoples contained a review of relevant developments as regarded their rights, and covered the work of treaty bodies, special procedures, and Office field presences from 2007-2008. The report on Office activities regarding national human rights institutions showed that the Office was continuing to strengthen these at country, regional, and global levels. The report on the accreditation process of the national human rights institutions elaborated upon the accreditation process of the international Coordinating Committee of national human rights institutions.

The report on Advisory Services on Technical Cooperation in the field of human rights presented an update of the work of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the field of Human Rights. The report on promotion of the enjoyment of cultural rights of everyone and respect for cultural diversity summarised the views of fifteen Member States, UNESCO and a coalition of NGOs on the issue of establishing such a mandate. The report on the relationship between climate change and human rights explored how specific groups tended to be particularly vulnerable to climate change-related effects, and considered the human rights implications of climate change-related displacement and conflict, as well as the possible human rights impact of policies and measures taken by States in the face of climate change. On the report on the elimination of discrimination against persons affected by leprosy and their family members, this report summarised various submissions received from stakeholders on this issue. The report on trafficking in persons reviewed recent policy developments and activities within the United Nations system to combat this phenomenon, including activities of Office of the High Commissioner for Human Rights and various United Nations entities, as well as United Nations human rights mechanisms. Finally, there was a note on the report of the Secretary-General on the question of the death penalty, which indicated that, in light of developments in 2008, it would be presented at the September session of the Human Rights Council.

General Debate on Reports of the Office of the High Commissioner for Human Rights and the Secretary-General

MURILO VIEIRA KOMNISKI (Brazil) welcomed the report on HIV/AIDS by the Secretary-General presented at this tenth session. Brazil reaffirmed its commitment to fight HIV taking fully on board the promotion and protection of human rights for all. The Brazilian response to HIV was integrated and comprehensive. It had three pillars: prevention and care; treatment and support; and human rights. After 25 years of the epidemic, Brazil had learned that people become more vulnerable to HIV for many reasons and an important reason was the lack of human rights promotion and protection. Brazil seconded the role played by the Special Rapporteurs, within their existing mandates, to continue the analysis of the human rights dimensions of the issues of the HIV/AIDS epidemic particularly affecting developing countries.

Brazil mentioned its national plan to tackle the feminization of AIDS as well as its commitment to fight against the epidemic among vulnerable groups, particularly sex workers, gay men, and transsexual persons and persons in prisons. The national plan had a strong human rights component and included strategies on the promotion and protection of sexual and reproductive rights, harm reduction, strengthening the participation of people living with HIV as well as struggling against stigma and discrimination based on gender, race, sexual orientation, health status, occupation and lifestyle. The report showed that children and youth, men who had sex with men, migrants, sex workers and women were more vulnerable to human rights violations related to the disease.

V. YAKOVLEV (Russian Federation) thanked the Secretary-General and the High Commissioner for their reports. The Russian Federation supported the intention of the High Commissioner to present a report on the rights of indigenous peoples. The Russian Federation believed that this would enhance the work of the Council in this regard. The Russian Federation was alarmed over the fact that the marginalization of minorities was constant in the media. The question of the defence of the basic rights of minorities was particularly acute, such as cultural particularities and the right to be educated in their mother tongue, among others. Non-governmental organizations were dealing with the arbitrary depravation of nationality, however, their input was present in the current report and as such the Russian Federation urged the Council to address this issue.

DENIS Y. LEPATAN (Philippines) said the Philippines supported the Small Island States that were disappearing due to problems beyond their control, such as climate control, and welcomed the efforts of the Office of the High Commissioner for Human Rights to address the link between human rights and climate change. However, at this stage, the report on the relation between climate change and human rights could only be taken note of - it raised fundamental questions and issues that required further examination and scrutiny, with explanations and clarifications from the Office of the High Commissioner for Human Rights. The primary concern was how the report, in its conclusions, would apply in practice to the problem of Small Island States.

The preliminary view was that paragraph 96 could only offer a temporary solution to Small Island States. The position of the paragraph was highly nuanced, and removed international responsibility from the equation - and this was at the heart of current negotiations on climate change, and it could therefore not be accepted without assurances to the contrary. If no particular State could be held responsible for climate change, then there was a negative situation for climate change negotiations. The consequences of obligations under international law was international responsibility - if this was removed from the negotiations from the start, then the negotiations became meaningless. Nothing was left other than domestic remedy - and what domestic remedy or relief could the Governments of Small Island States give their citizens who were threatened by rising sea levels.

HABIB MIKAYILLI (Azerbaijan) said that Azerbaijan welcomed the detailed report of the Secretary-General on the issue of missing persons as one of the pressing problems of our days that required much more attention on the part of the international human rights community and of this Council. The report paid particular attention to the human rights of families who were entitled to know the fate of their relatives reported missing during an armed conflict and gave very useful insight on information-management and the processing of files, management of human remains, support of families and other aspects of addressing the problem. At the same time the report contained some practical information on the measures to clarify the fate of persons reported missing during armed conflicts, in the field such as tracing activities as well as on collection, protection and management of data on missing persons.

As a country suffering from this problem which had thousands of persons reported missing in connection with an armed conflict, Azerbaijan was very pleased to see an increasing interest and attention of the international community to this important problem, including in the General Assembly and the Human Rights Council. The Office of the High Commissioner for Human Rights’ draft rule of law tool for post-conflict States on the subject of archives, the model law on missing persons developed by the International Committee of the Red Cross and draft recommendation on principles concerning missing persons and the presumption of death by the Council of Europe were clear proof of such interest. Azerbaijan encouraged all States to be more actively involved in this issue which remained to be one of the grave consequences of armed conflict situations and required a concerted effort by the whole international community.

EVGENY LAZAREV (Belarus) said that they attached great importance to the area of trafficking in persons. Trafficking in persons was characterized by a whole array of human rights violations. Belarus thanked the High Commissioner for the attention given to the topic and the work done through the Centre for Human Rights. The work of the Office of the United Nations High Commissioner for Refugees in this context should be improved through better coordination of efforts taking into account the phenomena of trafficking in persons, which was growing geographically and quantitatively. The efforts being taken in this regard could for the time being be considered insufficient. The effects of the economic crisis had long-term effects on trafficking in persons. The activities of the Centre for Human Rights should be substantive but not sporadic. The Office of the High Commissioner for Human Rights must identify the nature contributing to trafficking in persons and its relationship to human rights protections. Through shared efforts the world could contribute substantively to the area of trafficking in persons, and put an end to the serious violation of human rights.

MARIA AUXILIADORA GUILARTE CALLES (Venezuela) said with regards to the report on leprosy, the Constitution of Venezuela expressly forbade all forms of discrimination, and public policies had been developed which confirmed to this. For more than 20 years, there had been no leper colonies, only health centres for those suffering from the disease. Those suffering from the disease were no longer isolated, they were treated as out-patients, remaining integrated in their societies, and this was an important measure to combat discrimination. All information was compiled at a national level, allowing the disease to be monitored and followed-up. Work was being done to find a vaccination. Venezuela was doing its utmost to combat all forms of discrimination, whether linked to this or other issues.

BACHIR N'DAW, of United Nations Development Programme (UNDP), speaking on behalf of UNDP and UNAIDS, said that a strong response to AIDS required a strong commitment and leadership. Addressing human rights and gender equality issues must be at the heart of any AIDS response. UNDP was seeing today in a number of countries HIV specific laws being enacted to protect the human rights of people living with or affected by HIV in the response to AIDS; sometimes with good intention. But what UNDP had seen so far was that these laws were preparing the ground for negative impacts in the response to AIDS as they contained broad provisions criminalizing HIV transmission or exposure. Criminalizing HIV transmission would not prevent new HIV infection but would undeniably undermine public health efforts in the uptake of HIV testing and access to HIV prevention, treatment and care services; but would also drive away those in need of such services.

Achieving universal access to HIV prevention, care and treatment meant meeting the challenges of developing and implementing a package for HIV prevention, treatment and care with the aim of coming as close as possible to the goal of universal access to treatment by 2010 for all those who needed it. Governments were encouraged to introduce and strengthen evidence-informed programmes which certainly had a positive impact on reducing HIV transmission and protection human rights at the same time. Further, the rights of women and girls should be protected and promoted. Specific actions must be taken by governments such as to promote an enabling legal and supportive environment in order to achieve universal access by 2010; enact and enforce comprehensive anti-discrimination laws that protected the rights of people living with HIV; ensuring access to essential and affordable HIV medicines.

JAMES KIHURAGA (Kenya) said that Kenya had received via press reports yesterday news of the shooting of two human rights activists in Nairobi, and expressed regret in this regard, and reiterated Kenya’s commitment to uphold human rights in the country. In this regard the Special Rapporteur on extrajudicial, summary or arbitrary executions was invited just two weeks ago to Kenya, and his report was being reviewed with active participation by the Government. Kenya conveyed its assurances to the Council that the Government took the necessary measures to ensure the safety of its people.

DAVID LITTMAN, of the Association for World Education, said among the situations referred to yesterday by the High Commissioner was the very important expert meeting in regard to "freedom of expression" and "incitement to religious hatred", usually referred to as "defamation of religions" in OIC-sponsored resolutions since 1999. There should be a universal condemnation of the blatant defamation of Judaism and the constant demonisation of Jews, Zionists, and Israelis in publications, and on radio, TV and websites anywhere. Such grave matters could no longer be ignored here. It was high time for the international community to act firmly against the promotion of hate.

CURTIS DOEBBLER, of North-South XXI, said the reports reflected the High Commissioner’s goal of achieving results in the field. However, little attention had been given to the human rights situation in Iraq. There was no evidence that the dire situation in Iraq would be brought to the attention of the Council. Especially the situation of missing persons in Iraq should get the attention of the Council. North South XXI was saddened that some of the most serious human rights abuses were not mentioned in the reports. North South XXI reaffirmed its strong commitment to support the High Commissioner in her work and encouraged her to continue the protection and promotion of human rights.
Right of Reply

RAJIVA WIJESINHA (Sri Lanka), speaking in a right of reply, said that Human Rights Watch, which refused a meeting with the Sri Lankan delegation in Geneva, should refrain from pronouncements about Sri Lanka made with no reference to any Sri Lankans. Instead they cited several great white authorities, which turned out to be the same authority. Human Rights Watch referred to a BBC report, which had been shown to be fraudulent, in another release on the Government’s websites. That report dramatized an interview with an International Committee of the Red Cross’s official who according to the International Committee of the Red Cross had been misquoted. The International Committee of the Red Cross had now put up the text of the interview on their website, and it showed just how misleading the BBC version was. Sri Lanka strongly condemned attempts by interested parties to damage the good relations between Sri Lanka and its partners by such deliberate or careless misquoting.

FARIS AL-ANI (Iraq), speaking in a right to reply, said a statement had been made that was biased against Iraq, and was not only inaccurate but fraudulent. As far as women's rights were concerned, Iraqi women enjoyed high standards of rights and freedoms as regarded political and public life, compared to other countries of the region. The State provided a legal and financial system to support widows and orphans and ensured their access to the minimum standards of living. The figures of victims of violence were well known, in particular with regards to widows and orphans, and the Government had sought to provide them with the minimum of health-care, housing, support, and others. The representative of the Union of Arab Women should have looked at the positive situation of human rights in Iraq, and Iraqi efforts to protect these.

Annual Interactive Debate on the Rights of Persons with Disabilities

Presentation by the High Commissioner for Human Rights

NAVI PILLAY, United Nations High Commissioner for Human Rights, said that she welcomed the initiative of the Human Rights Council in holding this discussion on the rights of persons with disabilities. With the entry into force of the Convention of the Rights of Persons with Disabilities last May 2008, a major legal protection gap was filled. The implementing bodies established by the Convention were in the initial phases of their institutional development: the Conference of States parties met in October last year, while the Committee on the Rights of Persons with Disabilities had just concluded its first meeting. Two of its Expert Members were at the Council today. As the principal United Nations human rights institution, the Council was perfectly positioned to advance the Convention’s goals amongst States and within the United Nations system.

The Convention on the Rights of Persons with Disabilities required the Council to move away from charity-based or medical-based approaches to disability to a new perspective stemming from and firmly grounded in human rights. These traditional approaches and attitudes, no matter how well intentioned they might have been, regarded persons with disabilities either as passive recipients of good will or deed, or as problems to be fixed, or both. In its innovative vision, the Convention recognized disability as the result of the interaction between the impairment of the person and outside barriers. Rather than the impairment itself, the Convention identified in policies, legislation and practices the roots of discrimination, lack of participation or utter exclusion of persons with disabilities. The implications of such as shit in the understanding of disability, often referred to as the paradigm shift, represented a watershed in thinking.

Every society, every community had persons with disabilities. At the same time, persons with disabilities everywhere suffered some of the most egregious violations of their human rights. The Convention on the Rights of Persons with Disabilities provided a road map to improve this unacceptable situation. Universal ratification and effective implementation of the Convention would help achieve this vision everywhere. The High Commissioner encouraged the Council to exercise its leadership to make this a reality.

Presentation by the Panellists on the Rights of Persons with Disabilities

AMITA DHANDA, International Disability Alliance–the International Disability Alliance Convention on the Rights of Persons Forum, said that this presentation had been jointly prepared by all members of the International Disability Alliance Convention on the Rights of Persons Forum, the network of global, regional and national organizations of persons with disabilities and allied non-governmental organizations that had been established to promote and monitor the full and effective implementation of the Convention on the Rights of Persons. The Convention on the Rights of Persons both in letter and spirit mandated an integral involvement of persons with disabilities including children with disabilities through their representative organizations. The Convention on the Rights of Persons was not just an agreement between States parties. The opportunity to speak to the Council illustrated the commitment on behalf of the Council to promote the appropriate implementation of the Convention on the Rights of Persons with Disabilities.

The International Disability Alliance Convention on the Rights of Persons Forum had contributed to the thematic study prepared by the Office of the High Commissioner for Human Rights. The International Disability Alliance Convention on the Rights of Persons Forum was very satisfied with the way in which the study dealt with some of the key challenges States were faced with in the implementation process of the Convention on the Rights of Persons with Disabilities. There were a number of contributions made by the International Disability Alliance Convention on the Rights of Persons Forum which had not been sufficiently addressed in the study. In particular, Article 13 of the Convention on the Rights of Persons with Disabilities on access to justice might not have been a contentious article, but was undoubtedly an article which required major changes to the justice system in most countries. While the Office of the High Commissioner for Human Rights study referred only to its very broad meaning of courts discussing issues pertaining to persons with disabilities, the intent of Article 13 was to pave the way to equal use of and partaking in the justice system by persons with disabilities, in turn necessitating legislative changes on two levels: removing laws that limited the legal capacity of persons with disabilities as players in the justice system, and legislating laws that provided accommodations to procedures.

GYORGY KONCZEI, Member of the Committee on the Rights of Persons with Disabilities, said disability was a part of the human experience, and became a part of the human rights legal experience since the movement of persons with disabilities came up with the fundamental assertion that "they wanted their rights now". There were only 50 ratifying States Parties to the Convention and only 29 that had ratified the Optional Protocol, some with reservations. More should ratify it week by week. The crucial importance and progressitivity of the Covenant was clear as it was the most extensively debated international convention ever, created with maximum involvement of civil society. It was a milestone in legislation in the international arena, as it extensively interpreted the rights and the capacity to act by persons living with intellectual and psychosocial disabilities, marking a breakthrough for the world towards personal autonomy.

The Convention was a unified entity, and from this aspect declarations and reservations were dangerous in the long run. The article on legal capacity and capacity to act was the core article of the Convention, as it held implicitly the picture of the disabled persons behind the treaty. This picture was not a picture of someone who was incapable, unable or disabled, rather it was a picture of a person with disabilities, an active partner, able and capable. Adequate implementation of the Convention presupposed an extensive internal review of legal systems for compliance- but it was also crucial not to reduce Governmental activities in order to implement the Convention. The Convention was based on the social model - meaning that all medically-based definitions, referring to incapacities, should be repealed from domestic legislation. Disability rights had appeared on the United Nations human rights agenda at last - it was a common responsibility not only to keep them there, but to integrate them and mainstream them into the United Nations human rights machinery.

EDAH WANGECHI MAINA, Member of the Committee on the Rights of Persons with Disabilities, said that the Human Rights Council was an important platform to bring to the fore issues that were the core of the Convention. She focused on Article 12 of the Convention, the equal recognition before the law. In general, it appeared that no specific measures were required to give effect to the rights of persons with disabilities to be recognized everywhere before the law. She was not aware of any situation in which the Human Rights Committees had noted a country situation in which persons with disabilities were not recognized as persons before the law. In the framework of national reporting under the Convention on the Rights of Persons with Disabilities, the Committee would be looking forward to specifically examining the issue.

On the other hand, they all were aware of the existence of many legal frameworks that regulated procedures through which a person with disabilities was declared incompetent in all or several areas of law and that allowed for the appointment of a legal guardian who took decisions as a substitute for the individual. Persons with mental and intellectual disabilities were most often the object of such proceedings, which could also however target persons with visual and hearing impairments. Deep rooted assumptions and prejudices were the basis of the system of legal incapacitation and it often was claimed that the decision to deprive a person of legal capacity was taken in the subject’s interest. Areas in life where compromise by the recognition of a person as legally incompetent were most numerous, and included the right to manage property, make a will and other inheritance related issues, petition in courts and participate in legal proceeding such as for example in wills or marriages, choose their residence, and decide on issues concerning their health and treatment they might or might not receive.

The actual transition from a system of substitute to supported decision making was a process that required a broad range of measures to be effectively implemented, and not only legal measures. These measures included educational measures from a very early age to support development of decision making skills, promotion and support of self-advocacy and important work with family and carers of persons with disabilities. In some cases, results could be appreciated even after a relatively short period of educational activities. Clearly, the time and intensity required depended on the severity of the disability and other considerations related to the social context.

BARBARA MURRAY, of the International Labour Organization (ILO), said that the United Nations Convention on the Rights of Persons with Disabilities required States parties to safeguard and realize the rights of persons with disabilities, to work on an equal basis with others, including their right to gain a living by work freely chosen or accepted in a labour market and work environment that was open, inclusive and accessible to them. In giving effect to that requirement, States parties would need to review the laws relating to the training and employment of persons with disabilities, as well as general labour legislation and laws relating to skills development, to ensure that those were in line with Convention requirements and did not explicitly or indirectly constitute barriers to inclusion of disabled persons. The ILO was supporting that Convention, among others, by aiding developing countries to adapt their legislation accordingly. In that connection, if it was considered necessary to amend existing legislation or to develop new laws, among other requirements, consultation should take place with key stakeholders, including representatives of employers, workers and disabled persons. A similar process of consultation should be arranged when it came to planning for implementation measures.

Ms. Murray wanted to focus on three groups of provisions in the Convention. With regard to skills development, she noted that the Convention called for general tertiary education, primary education and lifelong training for persons with disabilities, which would require policy measures to deal with the labour market issues of and occupational standards be met in the transitional phase to implementing skills training. A second important group of provisions were those regarding accessibility. Buildings, communications and information infrastructure and public transport would need to be made available by States parties to persons with disabilities. Policy needed to ensure that all those involved be trained in ensuring accessibility. Policy measures in terms of the workplace included possible public subsidies for private workplace adaptation. Finally, concerning the future role of agencies involved with providing opportunities for persons with disabilities, those would need to be reconsidered with a view to the new scenario envisaged in the Convention.

Interactive Debate on the Rights of Persons with Disabilities

IBRAHIM SAIED MOHAMED AL-ADOOFI (Yemen), speaking on behalf of the Arab Group, said the Arab Group supported the holding of the annual interactive dialogue, as this was in keeping with Human Rights Council resolutions. The Arab Group had taken note of the report, and of the contents of the study, particularly with regards to measures that States had to take at national and international levels to ratify the Convention and incorporate it into domestic legislation. In some cases, there could be a need to promulgate new laws or amend existing ones. The large number of countries that had ratified the Convention allowed for the assertion that the effective implementation was removing the barriers that prevented persons with disabilities from participating fully in society.

Persons with disabilities should be involved in all efforts and activities undertaken to protect and promote their rights. The Convention should in particular be implemented with regards to protecting the economic, social and political rights of persons with disabilities.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba), speaking on behalf of the Non-Aligned Movement, said that today, the entry into force of the Convention on the Rights of Persons with Disabilities was a fact, with the ratification of 50 States. Much needed to be done to achieve equality and the full integration of persons with disabilities in different countries of the world. The Non-Aligned Movement considered that in order to put into effect the postulates of the Convention on the Rights of Persons with Disabilities, it was essential to implement an effective strategy at the international level that included the implementation of the principles of the Convention, in the sense that all human rights were universal, indivisible, interdependent and interrelated. The international community must treat human rights globally and in fair and equal manner, on the same footing and with the same emphasis.

The Non-Aligned Movement supported the need to ensure the full realization of the right to development as a universal and inalienable right and a prerequisite for a comprehensive and sustainable solution to the special needs of persons with disabilities. It was imperative to recognize and take into account the existing differences between developed and developing countries when addressing the problem, in particular the difficulties faced by the latter to implement the programmes and necessary measures in favour of persons with disabilities, taking into account their resource limitations. International cooperation, as stated in Article 32 of the Convention on the Rights of Persons with Disabilities, should be enhanced to assist national efforts of developing countries in the full implementation of its provisions.

CARLOS PORTALES (Chile), speaking on behalf of the Group of Latin American and Caribbean States (GRULAC), said the region of Latin America and the Caribbean was closely and firmly committed to the full implementation of the Convention and was happy to see the high level of ratification. They needed to put into practice the paradigm shift set out in the Convention, so as to recognize persons with disabilities as full rights holders under the law. Measures needed to focus on awareness raising and training and capacity-building by means of specific administrative and legislative measures taken at the national level.

GRULAC asked the panellists to discuss models for access, stressing the need for true access, which was the cornerstone of the treaty, and was not limited to physical access. Given the costliness of such undertakings, GRULAC would also like to know the ideas of the panel on such full access in view of the situation of countries with diverse economic situations, including on how cooperation could be promoted between civil society and the private sector.

TOMAS HUSAK (Czech Republic), speaking on behalf of the European Union, said the Convention on the Rights of Persons with Disabilities provided a valuable contribution to the human rights framework. It introduced several new features which would be interesting to follow and which also potentially could play important roles in effective implementation. A centrepiece in the Convention was the concept of disability as a social phenomenon. In the panel's experience, were there any good examples that could serve as best practice in introducing this concept in national legislation, and were there examples of the concept in its entirety directly translated into national law, the European Union asked.

The report highlighted some of the most central human rights issues from a disability perspective. On the issue of legal capacity, it rightly pointed to its "instrumental value" for the enjoyment of other rights. Which were the major obstacles with respect to legal capacity, and were there any best practices so far in coming to terms with this, the European Union asked. Further, having in mind the broad involvement of civil society, were there any models for civil society collaboration that presented themselves as good examples or even best practices, the European Union asked.

MARGHOOB SALEEM BUTT (Pakistan), speaking on behalf of the Organization of the Islamic Conference, commended the Office of the High Commissioner for Human Rights for carrying out a comprehensive study on the implementation of the Convention. Organization of the Islamic Conference countries attached great importance to the rights of persons with disabilities. Islam had specifically enjoined upon its adherent to be kind towards disabled people and people with special needs. In fact, the first followers of Islam were the poor, the weak, the orphaned and the disabled. Since coming into force last year and with 50 ratifications and about 140 signatories, the Convention had been well-received by the international community.

A large number of Organization of the Islamic Conference Members States had also signed or ratified this Convention. There were a number of States, especially among the developing countries, which suffered from technical and resource constraints while endeavouring to implement this Convention or finalizing decision to adhere to it. Many States did not have the necessary administrative and legal structures to fulfil the obligations flowing from this Convention which was the main reason for their hesitance to adhere to it. The Organization of the Islamic Conference suggested that the Office of the High Commissioner for Human Rights might also study the technical and resource requirements of developing countries, particularly those related to social and educational measures. This would immensely contribute to universal adherence as well as complete and faithful implementation of this important Convention.

ALFONSO DE ALBA (Mexico), speaking as a sponsor of the draft resolution on the national implementation of the Convention on the Rights of Persons with Disabilities, said that this event would no doubt contribute to the promotion and better awareness of the Convention. It also allowed delegates to focus on implementation tasks ahead which, as panellists noted, had to be done at the national level.

Given the number of ratifications attained already, and the setting up of the Committee, Mexico said they had to start now looking towards the second step – efforts to tackle discrimination against rights of persons with disabilities across the system, including via the work of the Universal Periodic Review and the Special Procedures. It was important that the United Nations made progress in that area of overarching rights. Equally it was important that they seriously think of the issue of access within the United Nations itself – not just physical access but access to sources of information. Really the state of facilities in the United Nations was lamentable. This room was designed to cater to persons with disabilities, which was excellent, but it was important to continue to focus on the close work of States with such work.

AMY LAURENSON (New Zealand), speaking as co-sponsor of the resolution, said today's panel demonstrated the usefulness of dialogue with Experts in the Council as a means to increase its understanding of the practical implementation of human rights obligations, in particular what was required, what worked, and what others had done which could be relevant to countries' own experiences. As a co-sponsor of the resolution on the rights of persons with disabilities, New Zealand saw there was a need to consider in the Council the requirements of a strong legal and policy framework to successfully protect and promote the rights of persons with disabilities in the national context. The report on key legal measures to implement the Convention usefully clarified some of the more challenging or progressive concepts in the Convention.

With regards to Article 12 of the Convention, which addressed equal recognition before the law, and the transition from the medical model to the social model, with the need to educate legislators and policymakers on the requirements of the Convention to avoid the formulation of laws that were flawed, how could such education be incorporated into existing practices, and what was the role of civil society and national human rights institutions in this process, New Zealand asked. The report on key legal measures stressed the need to review existing legislation to ensure that it did not discriminate against persons with disabilities or create barriers to their full enjoyment of their human rights - what were the benefits or best practices for undertaking such a review, New Zealand asked.

V. YAKOVLEV (Russian Federation) said that the General Assembly saw the Convention as a promising instrument to protect the rights of persons with disabilities. The Russian Federation had participated in developing the treaty and in the Council work related to persons with disabilities. However, the Russian Federation believed that the issue should be dealt with in other United Nations fora in order to avoid duplication of work. Russia would continue to propose new legislative norms in the field.

WIWICK SETYAWATI FIRMAR (Indonesia) said that Indonesia welcomed the thematic study conducted by the Office of the United Nations High Commissioner for Human Rights on enhancing awareness and understanding of the Convention on the Rights of Persons with Disabilities. Being a natural disaster-prone country, Indonesia's population with disabilities represented 1.38 per cent of the total population of 240 million. Laws and a relevant national action plan were in place to ensure that persons with disabilities were educated, employed and equipped to live their life independently. But those had not been considered sufficient for promoting, protecting and fulfilling the rights of persons with disabilities. In the context of persons with disabilities resulting from natural disasters, Indonesia would strongly suggest that the Council undertake studies to compile best practices as well as strengthening the network and advocacy dealing with psychosomatic disorders and trauma suffered by those persons.

Indonesia was fully aware that the promotion and protection of the rights of persons with disabilities required resources in the human, financial and technological contexts. Within existing national capacities, social services and rehabilitation programmes for Indonesians with disabilities were carried out in 19 disability centres in 13 provinces, including various facilities for social, mental and physical counselling, education, health and work skill sets. Numerous ad hoc outreach programmes covering capacity-building and economic empowerment had also been implemented all over the country, and various awareness-raising campaigns had been launched to promote the rights and dignity of persons with disabilities, including to combat disarmament within the community, Government and workplace. Similarly, access for persons with disabilities was gradually being provided in public facilities.

YANG XIGONING (China) said the Convention on the Rights of Persons with Disabilities was of great significance and served as a milestone for the protection of persons with disabilities. It was a new starting point for further protection of the rights of persons with disabilities. China considered that there were three steps to implementation - first checking compatibility with domestic laws; second implementation of the Convention; and third harmonisation of laws. To reach these objectives, parties and signatories to the Convention should check their laws for compatibility. With the financial crisis, States should not reduce the funding given to protect the rights of persons with disabilities. The Committee on the Rights of Persons with disabilities should use their time to increase engagement with States.

6.4 per cent of China’s population had disabilities, and the Government had accelerated integration of disability issues within its structure, including in areas of rehabilitation, social security and others, where their rights were respected. China had contributed to the international protection of the rights of persons with disabilities, and was ready to help the international community with the protection thereof.

JEFFREY HEATON (Canada) said that Canada was proud to have participated with other nations and civil society in the development of the Convention and to have been among the first countries to sign it in March 2007. Canada’s signature of the Convention was a signal of Canada’s strong commitment to ensuring the rights of persons with disabilities. The necessary review of laws, policies and programmes, in light of the Convention’s obligations was underway, to identify whether there were any gaps in implementation or any inconsistencies with the Convention and to identify measures to address them. The Government of Canada would also seek the views of Aboriginal groups and would engage with broad range of Canadian stakeholders to better inform its decision as to ratification of the Convention. Canada did not presently envisage signing or ratifying the Optional Protocol of the Convention.

Canada would be grateful for the panellists’ views on how the Council could best contribute to advancing the wider ratification and implementation of the Convention. It would also welcome views on the best ways that civil society could engage to promote implementation and monitoring. In Canada’s view, the evolution of international human rights law in this area must be allowed to progress through the work of the Committee on the Rights of Persons with Disabilities, the Conference of States Parties and other fora that facilitated a balanced and constructive dialogue on these issues.

CLARISSE MERINDOL (Burkina Faso) remarked that a few days ago the Committee on the Rights of Persons with Disabilities had concluded the work of its first session, the conclusions of which would contribute to a dynamic that would guarantee to persons with disabilities an equal and effective protection under the law against discrimination of all forms. Developing countries had the largest concentration of persons living with disabilities, and those societies would be grossly handicapped if they relegated persons with disabilities to secondary status in their development plans. Under an egalitarian legal framework, coordination among non-governmental organizations, relevant ministries and others had allowed Burkina Faso to ensure mobility and autonomy for persons with disabilities and to ensure autonomy for associations of persons with disabilities, which were numerous in Burkina Faso.

Despite limited financial and material resources, and without hiding the real persistence of social prejudice present in all societies against persons with disabilities, Burkina Faso reiterated its unflagging commitment to guaranteeing the rights of persons with disabilities and also to developing training and educational facilities for them. That should ensure their autonomy and full social integration.

IDRISS JAZAIRY (Algeria) said Algeria was attached to the rights of persons with disabilities, in all sectors of society, and the protection against any discriminatory treatment. Algeria was the first country in the Arab world to adopt a text on the rights of persons with disabilities, and welcomed the adoption of the important texts of the Convention and its Optional Protocol. The ratification process was underway in Algeria - these discussions were very timely, as they dealt with the legal measures and needs for implementation. Developing countries found it difficult to cover the provisions of the Convention due to a lack of resources - progressive realisation was of particular importance in these countries. Civil society organizations were of particular importance in this regard.

ERLINDA F. BASILIO (Philippines) said that the Philippines Government was committed to improving the lives of persons with disabilities and was continually looking for ways to empower them by providing them, within available resources, of access and equal opportunities so they could become active and productive members of society. The Philippines was a State Party to the Convention on the Rights of Persons with Disabilities and actively participated in the first meeting of the Conference of States parties to the Convention. The implementation of the Convention was important to the Philippines as this was essential to improving the lives of persons with disabilities, especially in developing countries.

The Philippines stressed the importance of international cooperation as reflected in Article 32 of the Convention. Most persons with disabilities were among the poorest of the poor. One way of empowering them was to make sure that they benefited from their countries’ economic development. International cooperation in the development field and in the sharing of knowledge, technologies and capabilities could help improve the capacity of developing countries to more effectively address issues faced by persons with disabilities. The Philippines would like to hear from the panellists how national legislation and other measures could more fully take into account the development aspects of promoting the rights of persons with disabilities.

ALI BAHREYNI (Iran) said the Convention on the Rights of Persons with Disabilities was the outcome of strong political will of the international community and reflected the constructive and cooperative approach of all negotiating parties. Iran was satisfied with the two complementary legal regimes under international law – that of human rights law and the law of armed conflict – that had beefed up the text as well as the context of the Convention. In that connection, many Palestinians today were victims of perpetual war crimes and were thereafter persons with disabilities. It was a matter of concern that certain parties to the Convention might be trying to undermine the effectiveness of the convention on the side of wing two (law of armed conflict).

Effective implementation of the Convention would also require effective and coordinated action by disability organizations, as well as cooperation between States and mainstreaming of disabilities issues into development assistance programmes. Iran also noted that refugees, indigenous people and migrant workers were particularly vulnerable groups given their limited access to health care services and rehabilitation facilities. That vulnerability was compounded if they became disabled. They needed more effective and structured action to implement international commitments made towards persons with disabilities.

AHMET UZUMCU (Turkey) said that as underlined by the panellists today, the adoption of the Convention indeed marked a paradigm shift in approaches to persons with disabilities from a narrow perspective to a comprehensive rights-based approach. Beyond doubt, the Convention would be beneficial not only for persons with disabilities that made up 10 percent of the world’s population but also for the society at large. Turkey had signed the Convention on the Rights of Persons in March 2007. It was indeed a pleasure to announce that the law for approval of the Convention was enacted by the Turkish parliament in December 2008. When the domestic ratification process was officially completed soon, the Convention would automatically become a part of the national law in Turkey. Turkey had undertaken some initiatives before the entry into force of the Convention. The Prime Ministry Administration for Persons with Disabilities had adopted a Strategic Plan for the period of 2008-2012. The main objective of the plan was to create all necessary conditions for persons with disabilities to lead an independent life with dignity and to ensure their active participation in all spheres of life with equal opportunities.

MOHAMED KHADIRI, of the Advisory Council of Human Rights of Morocco, said that the inclusion of monitoring mechanisms was vital so that this first Convention of the twenty-first century would effectively protect the rights of persons with disabilities. In order to ensure that the Convention could actually achieve its aims, the role of the national human rights instruments had to be defined. The Advisory Council on Human Rights of Morocco was looking forward to actively engage in the work of the Human Rights Council in actively promoting the rights of persons with disabilities.

EDAH WANGECHI MAINA, Member of the Committee on the Rights of Persons with Disabilities, responding to the questions and comments, said that, with regard to the transition from the medical model to the legal model, it was very important to understand which disabilities were clearly associated with the medical model, such as psychological ones. It was important that that was understood so that laws and policies could be formulated correctly and appropriately. With regard to formulation of laws it was good to look at best practices, such as laws in Canada, and laws in Kenya, particularly with regard to voting. It was further important to emphasize that the Convention did not introduce any new rights. They were all also in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and therefore it was possible to implement the Convention in all its aspects.

AMITA DHANDA, International Disability Alliance–the International Disability Alliance Convention on the Rights of Persons Forum, responding to the questions and comments, said that there was a presumption of capacity in regard to legal capacity of States to ensure rights for persons with disabilities, which was simply that States needed to have the ability to have the capacity, and not necessarily had the capacity right now. In terms of universal capacity, one should understand the universal vulnerability; there was a need to address both those dimensions for society at large. The protection from vulnerability for all of society was needed. The Convention created an inclusive perspective to human rights, a component of being human. If one conceded to the integral principle, there was nothing special being considered. One should not think in terms of what was being given to person with disabilities, but rather what recognizing those rights contributed to the field of human rights protections. Then there was not just a world for persons with disabilities, but rather an inclusive world for all.

GYORGY KONCZEI, Member of the Committee on the Rights of Persons with Disabilities, responding to the questions and comments, said that there was not much information from Member States regarding the monitoring of compliance with the obligations stemming from the Convention. In Hungary, legal studies had been created by civil society groups that had been mandated on the compliance with the Convention. Such a thing as best practice would probably never exist, since there were many different legal situations and every State would have to find its own practice. The Committee had just started its work and would hopefully in the near future publish guidelines to help Member States in the implementation of the Convention. As soon as they got closer to the meaning of the terms, the implementation and monitoring of the obligations in the protection of the rights of the persons with disabilities would be facilitated for Member States.

BARBARA MURRAY, of the International Labour Organization, responding to the questions and comments, said, with regard to the benefit of carrying out disability reviews, there were numerous benefits, including that it was a means of raising awareness of all areas of society to the obstacles faced by persons with disabilities and in building consensus on implementation measures. As to what the benefits were in the carrying out of such an audit, and best practices, the ILO's experience was that various countries had different mechanisms in place, such as tripartite plus bodies, including representatives, employers, governments and disabled persons, or equality or disability councils, or ombudsmen. In developing countries outreach at local level was also very important in building capacity. As to what were good practices dealing with how disability as a social phenomenon had been put into practice, it might be good to look at countries with good legislation in this area, such as the United States, Canada and the United Kingdom, as well as the Employment Equity Act in South Africa. It was hard to identify details of best practices on disability training and in other areas, but ILO was gathering information and would publish a handbook in the future.

GLAUDINE J. MTSHALI (South Africa) welcomed the entry into force of the Convention on the Rights of Persons with Disabilities and its Optional Protocol on 3 May 2008, as well as the first meeting of the Committee on the Rights of Persons with Disabilities in February 2009 in Geneva. South Africa particularly took pride in the efforts of the African continent that had actively participated and contributed from the start. In 1999, African Heads of State and Government had adopted the African Decade and Plan of Action for Persons with Disabilities and a Proclamation on the Full Participation, Equality and Empowerment of People with Disabilities in Africa. The purpose of the Decade was to create equal opportunities for persons with disabilities to positively contribute to the development of the Continent.

South Africa had been consistent in its view that the unfettered social and economic inclusion and integration of persons with disabilities into the very centre of society, its polity, economy and labour market was an essential prerequisite for the full realization of fundamental freedoms and human rights guaranteed by its Constitution. As a party to the Convention and its Optional Protocol, South Africa had committed itself to removing all barriers faced by persons with disabilities as they sought to develop their talents and capacities. It was confident that the implementation of the Convention would pave the way to ensuring that the socio-economic and political well-being of persons with disabilities would be significantly improved.

MARK CASSAYRE (United States) said that the Convention on the Rights of Persons was an important treaty. The United States was in the early process of looking at a number of treaties to which it was not currently party to. Part of this process involved a careful review of the treaty in question and domestic law in the United States to understand the extent to which treaty obligations could be implemented under existing law. The United States looked forward to conducting such a review. Listening to, and learning from, the thoughtful presentations and observations made by the panel today would be very helpful as the Government moved forward on this issue. The United States had a long record of actively supporting the rights of persons with disabilities at home and around the world. As recently as 2008, amendments to the Americans with Disabilities Act of 1990 were enacted that expanded and clarified the definition of “disability” and ensured that more people enjoyed the protections guaranteed under this historic legislation.

SITI HAJJAR ADNIN (Malaysia) said that Malaysia had signed the Convention on the Rights of Persons with Disabilities on 8 April 2008. At the national level, intensive discussions have been held with intergovernmental agencies and non-governmental organizations (NGOs), including persons with disabilities, with a view for Malaysia becoming a Party to the Convention. The Government had also taken concrete measures to ensure that persons with disabilities got equal rights and opportunities to fully participate in society. The programme included sharing of information with the media and NGOs to inform the public about the rights of persons with disabilities, promoting their participation in business, employment, arts, culture and sport, to have more community-based rehabilitation centres and to develop the support service for students with disabilities. In line with the principles of the Convention, Malaysia had enacted the Persons with Disabilities Act 2008 which came into force in July 2008.

It was important that the international community paid attention to the challenges and constraints faced by most of the developing countries in promoting and protecting the rights of persons with disabilities. The problems of resource constraints, poverty, underdevelopment, lack of infrastructures and now compounded by the global economic and financial crisis had made efforts by Governments even more difficult. These were real problems which could hamper States’ ability to improve the lives of persons with disabilities. In this regards, Malaysia agreed with the view that more should be done to assist national efforts of developing countries to ensure the full and equal enjoyment of all human rights by all persons with disabilities.

CATALEYA PHATOOMROS (Thailand) said that the Royal Thai Government had a long-standing commitment to promote and protect the rights of persons with disabilities as well as to improve their welfare and quality of life. Thailand was among the first countries that had signed and ratified the Convention on the Rights of Persons with Disabilities, and had been active in its drafting. As a State party, Thailand had developed various laws and policies related to the equalization of opportunities for persons with disabilities in compliance with the Convention. Most notable was its 2007 Constitution, which contained anti-discrimination provisions and guarantees for accessibility to social welfare services for persons with disabilities, as well as the Persons with Disabilities Quality of Life and Promotion Act 2007, which was a comprehensive rights-based law that contained a strong anti-discrimination section.

Thailand looked at the Millennium Development Goal two on universal primary education with special attention given to persons with disabilities. In that vein, one recent initiative had been the passing of the Persons with Disabilities Education Act 2008 to enable persons with disabilities to access education services and other resources at all levels. The Act further aimed at improving the Thai educational system to enhance persons with disabilities quality of life and their individual autonomy and dignity through educational empowerment. Moreover, Thailand, in collaboration with the Japan International Cooperation Agency, had established the Asia-Pacific Development Centre on Disability with the aim of enhancing capacity-building and community-based rehabilitation. The Centre had recently co-hosted the first Asia-Pacific Conference on Community-based Inclusive Development: Persons with Disabilities and Their Families, in Bangkok from 18 to 20 February 2009.

ALI CHERIF (Tunisia) said that Tunisia commended the decision of the Council to hold an annual interactive debate on the rights of persons with disabilities, and the panellists for their brilliant contribution made to the discussion today. To this effect, the commitment to guaranteeing human dignity for persons living with disabilities was at the core of development, which was one of the main reasons why the Government of Tunisia ratified the Convention. One of the core laws in Tunisia on the promotion and protection of the rights of persons with disabilities in 2005 moved from assistance-based strategies to integration strategies for these persons. The policy also involved the establishment and involvement of several institutions in the country specialized on the needs of persons with disabilities. In addition Tunisia was engaged in implementing and carrying out a national census on persons with disabilities. There was also a research institute that worked on the culture of prevention. Training and rehabilitation was also another way the Government of Tunisia worked to ensure persons with disabilities economic integration.

ROBERTO VELLANO (Italy) said that according to United Nations statistics, persons with disabilities amounted currently to 650 million, this meant that one in seven persons had some form of disability. The Universal Declaration of Human Rights stated that all human beings were born free and equal in dignity and rights and were entitled to all the rights and freedoms set forth in the Declaration, without any distinction. Despite the lack of a direct reference to disability at the time of its drafting, over the years there had been an increasing acknowledgment of the need to protect persons with disabilities from any form of discrimination. Such a gap has been closed by the newly adopted Convention on the Rights of Persons with Disabilities, whereby equality and non-discrimination permeated the whole Convention. The entry into force of this Convention in May 2008 as well as the establishment of a treaty body marked a milestone for humankind.

Persons with disabilities must be involved in all the aspects of life. This empowerment of individuals, accessibility, participation, recognition before the law, legal capacity and decision-making, the right to live independently and be included in the community, became key components of a new rights-based framework, designed specifically for persons with disabilities. The Convention enshrined all these components. It asserted that persons with disabilities were free to live independently in the community, to make their own choices and to contribute to society. For the first time, a human rights-based approach had been introduced in this area. A dramatic shift in perspective was before them today, but still a specific focus on the dignity of each individual, on its autonomy, on the ethic of solidarity needed to be asserted worldwide.

ANTONINA SHLIAKOTINA (Ukraine) said the tragic Chernobyl catastrophe and its long-standing consequences had increased the number of persons with disabilities in Ukraine. To date, there were about 2.65 million persons with disabilities in Ukraine, some 5.5 per cent of the population. More than 540,000 persons with disabilities worked in Ukraine. The Government made every effort to improve their living conditions, and to achieve better standards of social care to disabled persons, which was among the priorities of the national social policy. In Ukraine special legislative measures had been taken to ensure equality, non-discrimination and wide participation of persons with disabilities in society. In 2006, the national programme for the rehabilitation of disabled persons had been adopted, guaranteeing persons with disabilities a number of rehabilitation services as well as technical and rehabilitative means either free of charge or on preferential terms. In addition, in 2007, Ukraine had adopted the national programme of development to 2011 of the system of rehabilitation and employment for people with limited physical abilities, mental diseases and mental deficiency. Overall, there were 612 rehabilitation centres in Ukraine, financed mostly by the State budget.

Last September, Ukraine had signed the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol, and had subsequently adopted a decree relating to the implementation of its provisions.

HENRY WINTER (Australia) said that Australia was particularly interested in the idea of the transition from passive, or charity-orientated, attitudes regarding disability to a human rights based approach through the recognition by the Convention that persons with any kind of disability enjoyed legal capacity on an equal basis with others. Australia’s commitment to eliminating discrimination against persons with disabilities, and removing the barriers that hindered their full and effective participation in society, had been pursued domestically through legislation, inclusive mainstream services and specialised disability services, as well as support to disability support and advocacy groups. The Australian Government was moving to improve and further strengthen Australia’s legislative and policy framework for people with disability through the development of a range of measures dealing with income support, employment, recovery and health in a strategy and human rights-based context.

MARGARETHE WEWERINKE, of the European Commission, said the European Commission welcomed the holding of this annual debate as an opportunity to share experiences on key legal measures for the ratification and effective implementation of the Convention, including at the regional level. The Convention on the Rights of Persons with Disabilities was the first human rights convention that the European Commission signed alongside its Member States. This was a necessary step to allow the full implementation of the convention in the space of the European Union, including in policy areas of responsibility.

In May 2008, the Council of the European Union invited the Commission to begin work on a long-term European Union Disability Strategy. In particular, the Commission was tasked to assess how the ongoing European Union national actions reflected the commitments made by the European Community and the Member States to fully implement the United Nations Convention at the European level. Furthermore, the Commission used the European Union High-Level Group on Disability as a regional platform for the coordination of national activities related to the implementation of the Convention.

MURILO VIEIRA KOMNISKI (Brazil) noted that Brazil had actively participated in the negotiating process of the Convention on the Rights of Persons with Disabilities, which it had ratified along with its Optional Protocol in August 2008 with no reservations or interpretations. It was important to emphasize that the Convention not only prohibited discrimination against persons with disabilities, but also recognized the necessity of inclusive policies in areas such as education, health and labour, so as to promote equal opportunities. Moreover, the Convention recognized the importance of international cooperation to improve the living conditions of persons with disabilities in all countries, particularly the developing ones.

Brazil welcomed the thematic study by the High Commissioner for Human Rights on enhancing awareness and understanding on the Convention and supported the conclusion that legislative measures for persons with disabilities were not sufficient and should be accompanied by judicial, administrative, educational, financial and social measures. In that regard, the Brazilian Constitution provided the basis for promoting equal opportunities for all, based on the principle that vulnerable groups should be entitled to special measures of protection; provided for positions in civil service for persons with disabilities; and prohibited any form of discrimination pertaining to the salary and criteria of admission of persons with disabilities. Brazil also had a law establishing the percentages of positions for persons with disabilities in relation to a company's total number of employees, a law establishing national policy for persons with disabilities, and, in September 2007, Brazil had launched the Social Agenda for the Inclusion of Persons with Disabilities to tackle the poverty and social exclusion in which most persons with disabilities lived.

AHMED ALAQUIL (Saudi Arabia) said that Saudi Arabia supported what was said by Yemen on behalf of the Arab States. It welcomed the study from the High Commissioner’s Office, and also supported the role of the High Commissioner’s Office in this particular area, which led to the full application of the Convention. Saudi Arabia underscored and paid particular attention to the challenges facing persons with disabilities, there were laws in the country that paid particular attention to the care of these persons and their families which stemmed from Sharia law. Saudi Arabia was convinced of the importance of the rights of persons with disabilities as was illustrated by the country’s ratification of the Convention on the Rights of Persons with Disabilities in May 2008 and the Optional Protocol to the Convention, with a view to underscore the rights of persons with disabilities.

IFEANYI NWOSU (Nigeria) said the Convention was critical in overall pursuit of the full realisation of all human rights for all people regardless of their condition. Disability was part of the human experience - any discriminatory treatment against a person with disabilities was therefore a violation of their rights and freedoms. The ratification and full implementation of the Convention by all States would go a long way in addressing the rights and sensitivities of this group, which had not received expected attention both at national nor at global levels.

Nigeria was in the process of developing a national framework to provide facilities and a mechanism that would enable persons with disabilities to access their rights and have the same protection as others. Nigeria fully supported the conclusions and recommendations in the High Commissioner's report, particularly with regard to taking legislative measures accompanied by judicial, administrative, educational, financial and social measures, among others. National implementation and monitoring structures should be established, as they were important and effective mechanisms to implement the Convention.

JEAN W. KIMANI (Kenya) said Kenya was one of the first countries to sign the Convention on the Rights of Persons with Disabilities and had been instrumental in its elaboration. It had also actively involved the Government and members of civil society to ensure that Africa was behind that process. Kenya assured the Committee on the Rights of Persons with Disabilities of Kenya's full support in their work. At the national level, Kenya was fully committed to ensuring that persons with disabilities did not suffer discrimination, as reflected in its Persons with Disabilities Act of 2003.

Kenya shared the concerns raised by Cuba on behalf of the Non-Aligned Movement on the need for genuine international cooperation to mobilize resources, especially for developing countries, particularly when one considered that 80 per cent of persons living with disabilities were in developing countries. Could the panel explain the resources that would be needed to make implementation of the Convention viable, especially for developing countries if one considered issues such as poverty and the underlying problems associated with it, as well as constraints in technological transfers? On the other hand, how would the Council ensure that States shared best practices in the implementation of the new Convention?

ANDREJ LOGAR (Slovenia) said that Slovenia welcomed the interactive panel dialogue on the rights of persons with disabilities. In April 2008, Slovenia adopted the act ratifying the Convention on the Rights of Persons with Disabilities. Slovenia verified during the ratification process whether its legislation already fulfilled the provisions under the Convention. It was established that the Slovenian legislation had appropriately regulated the areas dealt with by the Convention and that the Slovenian regulations provided a good basis for implementing the provisions of the Convention. Slovenia asked whether there were any funds for promoting the Convention at both the national and international levels? Particular attention in this endeavour would be devoted to the promotion and implementation of effective awareness raising campaigns for the public, media, employers, education institutions, among others. If there were no such funds, Slovenia recommended the setting up of a special promotion fund. It was also useful and necessary to draw up a “set” of recommendations on how to bring the Convention closer to people all over the world, as it was intended not only for persons with disabilities but for everyone.

RACHID EL GUENOUNI (Morocco) said Morocco had participated actively in the drafting of the Convention, and had been very active in the Commission that had drafted it, as well as participating in all meetings on it held at United Nations Headquarters. Morocco had been one of the first countries to sign the Convention from the very beginning. On the basis of the need to promulgate laws to protect the rights of persons in this category and the integration of their lives into society, a national dialogue on the issue had been launched in order to ensure consistency between the Government's undertakings and the views of all stakeholders interested in the rights of persons with disabilities.

Morocco had developed policies based on a human rights and gender perspective and a sustainable development perspective rather than on an institutional welfare approach. The concept of a "person living with a disability" had been elaborated. Morocco would continue with these policies in the future as well.

LUZ ANGELA MELO, of the United Nations Population Fund (UNFPA), said that she was addressing the Council in UNFPA's capacity as Co-Chair of the Inter-Agency Support Group of the Convention on the Rights of Persons with Disabilities, a position UNFPA shared with the United Nations Department of Economic and Social Affairs and the Office of the United Nations High Commissioner for Human Rights. The Group, composed of 20 specialized agencies, as well as funds and departments, economic commissions and other entities of the United Nations system, was a mechanism for cooperation and support of the promotion and implementation of the Convention and its Optional Protocol. The rationale behind the Inter-Agency Support Group was to work collectively to support States parties' implementation of the principles of the Convention and to serve as a model for implementing the Convention, particularly in the areas of standards and guidelines, information services, human resources and physical facilities, including access to premises for staff, delegates and visitors with disabilities. In the course of their first meeting in December 2007, they had adopted a joint statement of commitment to support the implementation of the Convention and the Group was currently preparing a joint strategy and plan of action to mainstream the Convention into United Nations programmes and policies.

UNFPA had been active in designing culturally and gender-sensitive support programmes aimed at responding to the needs of the rights of persons living with disabilities, including in Jamaica, where it had collaborated with local NGOs to promote disability-friendly HIV and sexual and reproductive health education, and in Brazil, where it had worked closely with the Government to raise awareness about sexual and reproductive health of persons with disabilities. At the global level, UNFPA worked in close collaboration with the World Health Organization in developing a guidance note on sexual and reproductive health of persons with disabilities for country offices and partners to further promote the inclusion of disability in its programmes.

IBRAHIM S. AL-ADOOFI (Yemen) said that Yemen supported the statements made by the Organization of the Islamic Conference and the Non-Aligned Movement. Yemen thanked the High Commissioner for the study as without addressing the rights of persons with disabilities the work of the Council would not be complete. With persons with disabilities constituting 10 to 12 per cent of the world’s population, it was evident that addressing their rights was necessary. Yemen, hosted a number of regional meetings in order to combine regional efforts with voluntary efforts. Laws in Yemen ensured equally rights for employment for Yemenis. In addition, the Prime Minister recently declared a National Day for Persons with Disabilities in order to raise awareness of their rights.

EUGENIA GUTIERREZ RUIZ (Costa Rica) said Costa Rica had made very broad measures for persons with disabilities living institutionally, and had worked to ensure that those with disabilities could enjoy their rights fully. General policies were guided in coordination with the Ministries of Public Health, Education and Social Security. A law on equal opportunities for persons with disabilities had been passed, encouraging respect for the human rights of these persons. The country was running a process of effective and careful harmonisation of the laws.

What elements should be considered when there was a need to adjust and establish Governmental bodies to ensure fulfilment of the Convention, particularly with regards to ensure the participation of NGOs in the discussions, Costa Rica asked.

KATHARINA ROSE, of the Asia Pacific Forum, said that they entered today's discussion to recognize a groundbreaking aspect of the Convention on the Rights of Persons with Disabilities – the inclusion of an article on national implementation and monitoring. That article required that the national mechanisms charged with promoting, protecting and monitoring a State's implementation of the Convention be modelled on the Paris Principles relating to the status and functions of national institutions for the promotion and protection of human rights, which set out minimum standards required for a national institution to fulfil its role effectively. That express incorporation of that insight into a major human rights instrument was a necessary response to the specific issues raised by disability, and a welcome precedent for the development and implementation of human rights law more generally. The Asia-Pacific Forum felt that the rules of procedure of the Committee on the Rights of Persons with Disabilities should formally recognize the relationship between the Committee and national human rights institutions.

ESTEBAN TROMEL, of the European Disability Forum, said that many important issues had been raised today. In particular, if the Convention was compared to national disabilities legislation, one would see the absence of primary impairment. The use of the word “prevention” in other United Nations contexts was in a negative way. If there was a real desire to address the rights of persons with disabilities, it was necessary to move away from the paradigm of preventative measures.

EDAH WANGECH MAINA, Member of the Committee on the Rights of Persons with Disabilities, in concluding remarks, said it was important for States parties to immediately reform national legislation to ensure compliance with legislation, and adopt policies that protected the rights of those with psycho-social disabilities. It was important to recognise those with psycho-social disabilities so that they could benefit from the Convention. Persons with disabilities should be recognised as having technical abilities allowing them to help with the implementation of the Convention. It was important to recognise all persons with disabilities as soon as possible to allow them to benefit from the provisions of the Convention.

GYORGY KONCZEI, Member of the Committee on the Rights of Persons with Disabilities, in concluding remarks, said, with regard to the question of Kenya, that the Committee would report on and publish its guidelines. He thanked the High Commissioner for Human Rights and her Office for her intervention today. He hoped that today would really be a milestone in creating a more rights-based approach for persons with disabilities. He also hoped that today's debate had increased understanding and raised awareness of the measures needed to implement the Convention.

BARBARA MURRAY, of the International Labour Organization, thanked participants for their questions and comments raised, which would greatly contribute to the work of the United Nations on the rights of persons with disabilities. The International Labour Organization continued to work with Governments, employers, workers’ representatives as well as persons with disabilities. The International Labour Organization worked to promote decent work for persons with disabilities using a variety of means within the International Labour Organization as well as with the use of the Convention on the Rights of Persons.
Donor countries were saying that all projects funded should include a section devoted to persons with disabilities. The International Labour Organization was using a twin track approach in working on the rights of persons with disabilities, in order to help make the transition to the mainstream for those persons. Addressing the question raised by Australia, on how to involve persons with disabilities in measures to ensure their rights, Ms. Murray said that through technical cooperation the International Labour Organization was looking into the involvement of persons with disabilities, and once the study was completed it would be available for review.

AMITA DHANDA, International Disability Alliance–the International Disability Alliance Convention on the Rights of Persons Forum, said it was important to remember the fact that this was the first human rights Convention of the new millennium, and it had reconstituted what was human, stressing the indivisibility of human rights, and had provided a paradigm to show that civil and political rights could not be divided from economic, social and political rights when talking of them. Making a law was not a State-centric exercise - it was important for people themselves to be an integral part of this. The making of the Convention had provided that kind of model, which now had to be replicated in the implementation of the Convention. All had to be involved in the implementation, or it would become a State-driven process, which people had no ownership of.

It was important for people to have a stake in the law - and this was a paradigm which had been created in the creation of the Convention. Democratic functioning had been given a new meaning by the Convention, and thus it was a positive thing that the Human Rights Council was taking an interest in it. A group that had been excluded for long was being included - and the rest of society was learning about real democratic functioning from a group that had experience of exclusion, and could thus redefine human rights for all.

For use of the information media; not an official record

HRC09021E