PRESENTATION ON INTERNATIONAL MONITORING BY ANURADHA MOHIT Dublin

GENERAL PURPOSE OF MONITORING  Promote effective implementation of the Convention at national level.  Facilitate sharing of experience among the States.  Address failures that could not be remedied at national level.  Forum to develop international jurisprudence.

WHAT MUST BE CONSIDERED? Aspirations and views of disability sector. Concerns of the Governments. Objectives of treaty body reform by the UN.

Aspirations and views of disability sector. An independent body would act as a focal point on disability. It would maintain a sharp focus on the rights and freedoms of the disabled. Develop positive jurisprudence. Produce quality general comments and concluding observation by taking full account of the specific circumstances of disabled. persons with demonstrated expertise in and understanding of disability issues.

Concerns of the Governments.  Increasing reporting burden.  Lack of resources and technical capacity.  Intrusive nature of certain forms of monitoring.  Disregard to the autonomy and vast variations in the level of development among States.  Serious complexities of reporting due to federal system.

Objectives of Treaty Body Reform by UN Reduction in the reporting burden and effective engagement of civil society. Reorganize international monitoring for efficiency and economy. Avoid duplication of reporting by the States and Treaty Bodies. Avoid delay: reporting by States; disposal by Treaty Bodies. Improve respect of individual rights by States. To bridge the gap between the articulation of universal rights and compliance by States.

STRUCTURE OF THE PROPOSED MECHANISM

QUALIFICATION OF MEMBERS Persons of integrity with human rights and disability experience. 1/3 rd members to possess knowledge of principal legal systems. Equitable gender and geographic representation.

NATURE OF THE NEW MECHANISM Act as an expert Committee in human rights and disability. A catalyst to promote implementation and cooperation. A facilitator than supervisor. Emphasize dialogue rather than judgment. Work in partnerships over adversarial approach. Encourage transparent planning for outcome based reporting.

FUNCTIONS OF THE PROPOSED MECHANISM Act as a focal point. Coordinate and assist other monitoring bodies, regional UN Bodies, NGOs, experts and development agencies. Elaborate guidelines for participatory, multisectoral and transparent process of developing action plans. Outline time frame for implementation different for the developed, developing and least developed nationsand in keeping with nature of obligations.

Develop indicators, bench marks to review outcome and impact. Promote education of Convention, and disability from a human rights perspective. Act as a information hub and clearing house. Facilitate international cooperation and sharing of best practices. Entertain individual complaints. Conduct investigations where there are systemic violations. Contribute jurisprudence.

NATIONAL ACTION PLAN Member States would submit action plans at the end of first year. Indicate short, medium and long-term goals. Outline actions and actors in each area. Specify indicators, outcomes and impact. Highlight risks, constraints and other obstacles.

NATIONAL MONITORING Draft Article 25 of the working Group contains useful elements and this can be further fine tuned.