Disability Negotiations Daily Summary Volume 2, #10 June 27, 2003

Morning session

Commenced: 10:30 AM

Suspended: 10:35 AM

Closed informal consultations begins: 10:35 AM

The morning session was opened by the Ambassador of the Philippines, Enrique Manalo. The Ambassador explained a 1 hour delay in the opening of the session to accommodate the needs of some delegations to consult among themselves and their regions on the remaining issues. The Ambassador noted that the Second Session of the Ad Hoc Committee would have to end by 6:00 pm today by which time the Committee would have to adopt the draft Decision and Resolution as well as their Report. He issued an appeal on behalf of the Chair for member states to exercise flexibility on the remaining issues, echoing that it "would be a shame if we couldn't agree, given the[ir] importance", but that final compromise would be the responsibility of the member states.

The latest Draft Decision dated 26 June 2003 7:00 pm set up a Working Group (RDD26) to "prepare and present a draft text" that would form the basis of negotiation by the Member States and Observers of the AHC. Contributions on the draft text would be submitted to the AHC, "in advance of the meetings of the WG". There were no limitations placed on the contributing sources, which, along with all parts of the UN system, included national disability and human rights institutions and independent experts. The Decision also noted that "where there are alternative approaches the WG shall present textual options that reflect those approaches". NGO participation would be governed by GA Resolution 56/510 and would especially include organizations of persons with disabilities to be selected by those organizations on a balanced and transparent basis.

The following points of debate as noted in RDD26 were resolved in the closed informal consultations. New Zealand and the U.S. proposed the Working Group (WG) "include" rather than "comprise" government representatives, which Pakistan wished to increase from 25 to 30. Pakistan also proposed the WG "include" rather than "comprise" NGOs with the additional qualification "in an advisory capacity". The debate about regional groups, whether the number of representatives would be equally divided across all 5 regions or whether this number would be based on "equitable geographical representation" remained to be resolved. Morocco proposed the WG also include national HR institution representatives. China suggested several changes to language relating to financing. It wished to limit use of the Voluntary Fund (VF) to only "support" and not "finance" participation. It sought to add "governments" in addition to NGO's as eligible for that support. It sought to qualify that support as only for NGOs "interested in the matter" originating from countries with transitional economies. Regarding WG leadership, Morocco proposed the AHC Chair preside over the WG; Mexico proposed the AHC Chair or Bureau member preside; New Zealand proposed the WG appoint a coordinator with consultations of the AHC Chair and Bureau members; and the EU proposed the appointment by and within the WG of a coordinator. Morocco sought to add a disclaimer that that the modalities as described in this Decision does not set a precedent for other Ad Hoc Committees of the GA.

Afternoon Session- June 27, 2003

Plenary Commenced: 15:46 PM

Plenary Suspended: 15:49 PM

Informals Commenced: 16:30 PM

Informals Adjourned: 16:42 PM

Plenary Reconvened: 17:43 PM

Adjourned: 18:26 PM

Opening Remarks

The Chair announced that "substantial progress" was made during lunchtime informal consultations and that the outcome could be considered in the larger plenary session later in the evening. The meeting was suspended for informal consultations to proceed with the aim of finally reconvening again before 6 pm so that Decision and Resolution could be finalized and adopted in formal plenary.

Informal Consultations

Ambassador De Alba of Mexico emphasized that for a Working Group to proceed with the treaty drafting process this Second Session must produce a Decision and a Report. He noted on the other hand that in fact a Resolution was not essential in the same time frame. Canada supported by the US, Brazil, and the Republic of Korea were of the opinion that the delegates should not waste time on draft details at this point in time and should produce a Decision so that action could continue for the 3rd Ad-Hoc Committee. Brazil said that any future proceeding should be democratic and transparent in nature.

Reconvened Plenary

The Chair emphasised the need to be brief given that there was only 20 minutes of interpretation services and two delegations would not approve the Decision if they did not have interpretation into their appropriate languages. A revised Draft Decision on the establishment of a Working Group dated 27 June 2003, 1600 hours, (RDD27) was distributed with the previously bracketed text removed. A draft Report, A/AC.265/2003/2, was also distributed, with sections on the Decision of the AHC and the Resolution recommended for adoption by the GA left blank. The Chair announced oral amendments to the Decision and the Report.

Draft Decision Before Oral Amendments

"The Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities decides:

(1)To establish a Working Group with the aim of preparing and presenting a draft text which would be the basis for negotiation by Member States and observers at the Ad Hoc Committee of the draft convention, taking into account all contributions submitted to the Ad Hoc Committee in advance of the meetings of the Working Group by States, observers, regional meetings, relevant United Nations bodies, entities and agencies, regional commissions and intergovernmental organizations, as well as civil society including non governmental organizations, national disability and human rights institutions and independent experts. Where there are alternative approaches, the Working Group shall present textual options that reflect those approaches.

(2)The Working Group shall comprise twenty-seven governmental representatives designated by the regional groups (Asia 7, Africa 7, Grulac 5, WEOG 5, EEG 3). The Working Group shall also include twelve representatives of non governmental organizations, especially organizations of persons with disabilities, accredited to the Ad Hoc Committee, to be selected by those organizations taking into account the diversity of disabilities and of NGOs, and the need for adequate representation of NGOs from developing countries and from all regions, and a representative from national human rights institutions accredited to the International Coordination Committee. The relevant provisions of General Assembly resolution 57/229 will apply to the participation [sic] non governmental organizations and national human rights institutions. Selections should be communicated to the Bureau of the Ad Hoc Committee no later than forty-five days after the adoption of this decision.

(3)The Voluntary Fund established by the General Assembly resolution 57/229 may be used to support the participation of non governmental organizations and experts from developing countries, in particular those from the least developed countries.

(4)The Working Group shall meet inter-sessionally in the United Nations Headquarters in New York for one session of ten working days early in 2004, and will present the outcome of its work on a draft text of the Ad Hoc Committee at its third session.

(5)The outcome of the Group's work on a draft text presented to the Ad Hoc Committee shall be translated into all UN languages, as well as published to the fullest extent possible in formats accessible to persons with disabilities, and circulated as a UN document no later than three months before the Third Session of the Ad Hoc Committee.

(6)The Chairman of the Ad Hoc Committee, shall appoint, in consultation with the Bureau, a coordinator of the Working Group from among the Governmental representatives, to the facilitate its proceedings.

(7)The Secretary General should provide the Working Group with all relevant documentation, including the report of the Second Session of the Ad Hoc Committee, as soon as possible and to the fullest extent possible in formats accessible to persons with disabilities.

(8)The mandate of the Working Group shall be terminated upon the presentation of the outcome of its work on the draft text to the Ad Hoc Committee.

(9)The above mentioned modalities shall in no way create a precedent for other Ad Hoc Committees of the General Assembly."

Oral Amendments to the Draft Decision

In para #2, with regards to criteria for NGO representation, "taking into account" was replaced with "ensuring...." In addition, "it will also include a representative from national human rights institutions . . ." was reformulated as a separate sentence. The next sentence was changed to make clear that the modalities governing NGO participation are "[f]or the purposes of the Working Group". In Para #6 the role of the Bureau in being consulted by the Chair of the AHC was replaced with "members of the WG".

Additional Interventions from State Delegations regarding Draft Decision

Morocco, on behalf of the African Group, described the "serious matter" of Para #2's reference to NGOs eligible to participate on the WG, which was seemingly restricted only to those who have accredited status at the AHC. The African Group expressed its concern that there were no NGOs from their region among the 15 NGOs who were currently accredited to the AHC. The Chair responded that criteria for participation in the WG included all "disability related" NGOs that have consultative status in ECOSOC, which according to DESA amounted to about 150.

Cuba expressed concern over the "technical problem" that modalities for the participation of national human rights institutions were not defined and that inclusion of this "new" element in the draft text may create procedural or legal problems in the future.

The Chair gave the Cuban and Moroccan delegations additional time to consult among themselves on the above issues while moving forward with the agenda for this final session.

He then made an oral statement on Behalf of the SG regarding Secretariat arrangements for the Intersessionals. The Working Group would meet for ten days, potentially from January 06 through 17, 2004, with two sessions per day, producing 100 pages in session and 100 pages in the post-session period. The full cost for the intersessionals is estimated at $562,300. Due to the high workload of the GA, the Working Group would need temporary assistance with regard to documentation, especially in the pre-session period.

The Special Rapporteur was then called on to make her statement, in which she affirmed that she would do her best to coordinate with the WG and Secretariat to reach a "common work method" and reiterated themes expressed throughout the Second Session of the AHC.

The Chair returned to the delegations of Morocco and Cuba for with an appeal for compromise in resolving their respective issues, so that the committee could reach consensus given the impending cessation of interpretation services. He stressed that approval of the Draft Decision would ONLY be in English, this would not create a precedent, and could be accepted on those terms. Without acceptance of the current Draft Decision another AHC session would need to be convened at an unspecified date. Cuba stated that despite its concerns about NHRI, in the "spirit of flexibility" it could accept the language as is. Morocco asked for the addition of a clause to para #2 clarifying that in addition to the currently accredited 15 NGOs those that had ECOSOC consultative status were also eligible and that there was still time for other NGOs to be accredited to the Working Group. He reaffirmed his commitment to having the full participation of all countries in all regions of the world, including developing nations, NGOs, and PWD in the WG.

Malaysia noted that it was "not particularly pleased" with Para #6 because the view it championed during informals?that the WG should appoint the Chair from themselves, by themselves, to "ensure a bit of distance" from the AHC?did not prevail.

Before it could submit the Committee Draft Report A/AC.265/2003/L.4 for approval, the Chair noted the following corrections. Paragraph 19: to reflect the idea that the AHC "recommends" to the GA that the Convention be "conducted" in the AHC; Paragraph 20: a procedural correction to account for the fact that given the time constraints it was "impossible to follow normal procedure" to have the Special Rapporteur read the report.

The Chair submitted to the Committee the draft Decision and Report for approval, without interpretation and without the aid of a microphone. Facing no objections, he declared the Report and Decision as adopted.

The Disability Negotiations Daily Summaries are published by the Landmine Survivors Network, a US based international organization with amputee support networks in 6 mine affected / developing countries. Reporters include Jagdish Chander, Margaret Holt, Jennifer Perry, Marshall Traster and Zahabia Adamaly (editor) The Summaries are posted on line by noon the following day at www.rightsforall.org and www.worldenable.net and translated into Spanish, French (Handicap International), and Japanese (Japanese Society for Rehabilitation of Persons with Disabilities). For questions, write to Zahabiaadamaly@hotmail.com