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PRESENTATION ON INTERNATIONAL MONITORING BY ANURADHA MOHIT Dublin 16-04-05. GENERAL PURPOSE OF MONITORING. Promote effective implementation of the Convention at national level. Facilitate sharing of experience among the States.
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PRESENTATION ON INTERNATIONAL MONITORING BY ANURADHA MOHIT Dublin 16-04-05
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.
QUALIFICATION OF MEMBERS • Persons of integrity with human rights and disability experience. • 1/3rd 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.