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COMPLYING WITH THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES . Outline. Background: CRPD SA’s position Domestic incorporation ‘Compliance’ i.t.o CRPD Mechanisms to ensure compliance Reporting on compliance Key question for this Committee?. Background: CRPD.
‘Compliance’ i.t.o CRPD
Mechanisms to ensure compliance
Reporting on compliance
Key question for this Committee?
For treaty to become legally binding & applicable, states must ratify or accede to CRPD and incorporate it into their national / domestic legal systems
In SA’s case, what does ‘incorporation’ mean?South Africa’s Position
Pivotal question: what is legal status within SA law?
How can CRPD effectively be made part of SA national law (and policy)?
Look at Constitution: relationship between international and national law
Section 231(2): ‘An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces…’
Section 231(4): ‘Any international agreement becomes law in the Republic when it is enacted into law by national legislation; but a self-executing provision of an agreement that has been approved by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament’
State Parties must establish -
National focal points implementation
Coordination mechanism: sectors & levels
Independent mechanisms - national institutions for protection and promotion of human rights
Legal & administrative frameworks to promote, protect and monitor implementation
Means to ensure involvement & full participation of civil society – especially NGOs & DPOs - in monitoring process
The Committee reviews and acts on reports submitted by the States Parties on progress made in giving effect to their obligations under the Convention
Optional Protocol: also receives and considers communications from individuals or groups claiming to be victims of a violation by State Party
Primary function of the Committee: cooperate with States Parties by indicating shortcomings, making suggestions and recommendations to enhance capacity implement CRPD nationally
State Parties must to submit progress reports to the Committee
First report within two years of ratification
Subsequent reports every four years
Preparation of reports to be done in an open and transparent process
Due consideration to be given to the provisions of Article 4(3) of the Convention: close consultation with and active involvement of persons with disabilities
Article 35 (Reports by States Parties to UN Committee on Rights of Persons with Disabilities):
RSA missed due date for its first report of 30 November 2009
Given extension for its first report (missed)
SA Disability Alliance (SADA) as consultative representative body of SA disability sector for preparing reports (Art 4(3) & 33(3))
‘Shadow reporting’ by civil society DPOs and NGOs –
Umgungundlovo Disability Forum; Article 24 report (?)
[Domestic 15-year review of the White Paper on an Integrated National Disability Strategy (INDS) (1997) (OSDP (2008)]