2. Convention on the Rights of Persons with Disabilities and its Optional Protocol.
The Convention on the Rights of Persons with Disabilities and its Optional Protocol were adopted by acclamation on 13 December 2006 during the 61st Session of the United Nations General Assembly in New York.

3. Article 41 of the Convention and Article 10 of the Optional Protocol provide that the Convention and the Optional Protocol be opened for signature by all UN Member States as of 30 March 2007.

4. South Africa signed the Convention and Optional Protocol on the first day it opened for signature.
Signature of the Convention and its Optional Protocol signified South Africa’s intention to ratify these instruments, which would then have legally binding power.

5. Initiating the UN process in 2001
The question of an international treaty on the rights of disabled persons was taken up by the United Nations in 2001 with the establishment of an Ad Hoc Committee to draft such a convention, following an advocacy initiative by Mexico, South Africa and other countries.

6. Negotiations in the Ad Hoc Committee
The Ad Hoc Committee acted as a framework for intergovernmental negotiations to consider proposals for a convention to promote and protect the rights and dignity of persons with disabilities, based on the holistic approach and the previous work done in social development, human rights and non-discrimination.

7. At its Eighth session in August 2006, the Ad Hoc Committee adopted the draft text of the Convention including an Optional Protocol, without a vote.

8. South African participation in negotiations
South Africa participated substantially in all the negotiating sessions of the Ad Hoc Committee, served as Bureau member on behalf of the African Group, and financially contributed US towards the Voluntary Fund on Disability. for the support of the participation of Least Developed Countries.

9. Adoption in the UN General Assembly
On 13 December 2006 the Plenary of the UN General Assembly adopted by acclamation the Convention on the Rights of Persons with Disabilities and its Optional Protocol, and it opened for signature at United Nations Headquarters in New York as of 30 March 2007.

10. Compromise on the Optional Protocol
The Optional Protocol was agreed upon as a compromise, to provide the Convention with an individual communication and complains procedure. The Optional Protocol would advance the universal acceptance of this Convention and thus fast-track its ratification and entry into force.

11. The substance of the Convention
The Convention on the Rights of Persons with Disabilities reaffirms the universal commitment to the rights and dignity of all people, without discrimination. Under the Convention, States parties would guarantee that persons with disabilities enjoy all human rights on an equal basis with others including their inherent right to life, the equal rights and advancement of women and girls with disabilities and protection of children with disabilities.

12. The Convention makes provision for the promotion of the right to an adequate standard of living and social protection, including public housing, services and assistance for disability related needs and assistance with disability related expenses in case of poverty.

13. Monitoring of the implementation of the Convention
The Convention makes further provision for a Committee to monitor the implementation of the Convention in line with the provisions of other Human Rights Treaties.

14. Individual Complaints Mechanism
The Optional Protocol to the Convention provides for an individual complaints mechanism in which a monitoring Committee will receive and consider communications from individuals or groups, who claim to be victims of a violation by a State Party of the provisions of the Convention.

15. The Committee on the Rights of Persons with Disabilities, will consider a communication if it concerns a State Party after all available domestic remedies have been exhausted.

16. Importance of the Convention for South Africa
South Africa considers this Convention important in its commitment to ensuring that the promotion and protection of human rights are a reality for all, as encapsulated in our Constitution, supporting the democratic values of human dignity, equality and freedom.

17. South Africa recognizes that persons with disabilities are among the most marginalized of all peoples and that they have been excluded by a wide range of physical, legal and social barriers from achieving their full potential .

18. South Africa acknowledges that this Convention will pave the way to ensuring that both State and public perception of persons with disabilities changes, to allow for the full integration of persons with disabilities into society.

19. Preparations for the Ratification process
It terms of the procedures for international instruments requiring parliamentary approval for ratification in terms of section 231(2) of the Constitution, the relevant line function Department, (the OSDP in the Presidency, with the participation of DFA), will consult with all relevant government departments.

20. A Cabinet Memorandum will be presented to the relevant Cabinet Portfolio Committee, indicating the implications of ratification of the Convention for South Africa in terms of the organisational, personnel, financial, legal, constitutional and communications implications for all departments.

21. The matter will then be considered by the National Assembly and National Council of Provinces. An Explanatory Memorandum will set out the history, objectives and full implications of the Convention.

22. Opinions from the State Law Advisors of the Departments of Justice and Constitutional Development and Foreign Affairs on the national and international implications, as well as the projected financial and other cost of the agreement for South Africa will be included.

23. Depositing the Ratification Instrument
If Parliament approves ratification by South Africa of this Convention and Optional Protocol, the instruments of ratification will be prepared, signed by the President or Minister of Foreign Affairs, and deposited by the Department of Foreign Affairs with the United Nations.