Committee on the Rights of Persons with Disabilities

Second session

Geneva, 19–23 October 2009

Report of the Committee on the Rights of Persons with Disabilities on its second session *

Contents

Paragraphs Page

I.Organizational and other matters1–83

A.States parties to the Convention on the Rights of Persons with Disabilities and its Optional Protocol1–23

B.Opening of the second session of the Committee3–43

C.Adoption of the agenda and organization of work53

D.Intersessional activities63

E.Membership of the Committee7–84

II.Action taken during the second session9–254

A.Reporting guidelines9–104

B.Day of general discussion11–154

C.Re-election of the Committee Chairperson and its Bureau16–194

D.Other decisions20–215

E.Future sessions22–245

F.International Day of Persons with Disabilities256

III.Conference of States Parties26–276

A.Second session of the Conference of States Parties266

B.Schedule of work of the second session of the Conference of States Parties276

Annexes

I.States parties to the Convention and the Optional Protocol at the time of the second session7

II.Membership of the Committee on the Rights of Persons with Disabilities andterms of office12

III.Provisional agenda for the second session of the Committee13

IV.Decisions adopted by the Committee during its second session14

V.Draft agenda of the third session of the Committee15

I.Organizational and other matters

A.States parties to the Convention on the Rights of Persons with Disabilities and its Optional Protocol

1.As at 23 October 2009, the closing date of the second session of the Committee on the Rights of Persons with Disabilities, there were 71 States parties to the Convention on the Rights of Persons with Disabilities and 45 States parties to its Optional Protocol. The Convention and its Optional Protocol were adopted by the General Assembly in its resolution 61/611 of 13 December 2006 and opened for signature, ratification and accession on 30 March 2007. In accordance with its article 45, paragraph 1, the Convention entered into force on 3 May 2008. In accordance with its article 13, the Optional Protocol entered into force at the same time as the Convention, in accordance with article 13, paragraph 1, of the Optional Protocol.

2.A list of States parties to the Convention and a list of States parties to the Optional Protocol are contained in annex I of this report.

B.Opening of the second session of the Committee

3.The session was opened by the Chief of the Human Rights Treaties Branch, Ibrahim Salama, who emphasized the important focus of the work of the Committee on the Rights of Persons with Disabilities, particularly the adoption of the core documents, and assured the members of his commitment, and of that of his Office, to fully comply with the spirit of the Convention. He encouraged them to continue the momentum of the Convention, which he considered a key to guaranteeing equal protection to the rights of the persons with disabilities.

4.The Chair of the Committee, Mohammed Al-Tarawneh, delivered an opening speech, welcoming everyone to the second session, and he spoke about the importance of finalizing the core documents of the Committee to prepare for the arrival of the reports of States parties in 2011. He also emphasized the importance of working together: civil society, the many United Nations agencies and States parties alike, for the full implementation of the Convention.

C.Adoption of the agenda and organization of work

5.The Committee reviewed and adopted the provisional agenda (CRPD/C/2/1), to include key issues relating to its work. The Committee also adopted the report on its first session (CRPD/C/1/1).

D.Intersessional activities

6.The Committee reviewed and adopted the report of intersessional activities, including the report of the Chairperson on the activities undertaken between the first and the second sessions and the draft reporting guidelines prepared by the working group on the reporting guidelines for States parties.

E.Membership of the Committee

7.The Committee on the Rights of Persons with Disabilities was established in accordance with article 34, paragraph 1, of the Convention, with the first 12 members of the Committee being elected by the Conference of States Parties on 3 November 2008; second midterm elections are expected in September 2010.

8.A list of members of the Committee, indicating the duration of their terms of office, is contained in annex II of the present report. All members attended the session.

II.Action taken during the second session

A.Reporting guidelines

9.The Committee used the following as its working languages: English, Spanish, Arabic, Chinese and French.

10.The Committee completed its discussion of various issues related to the reporting guidelines, and approved the final text with some amendments (see CRPD/C/2/3).

B.Day of general discussion

11.On Wednesday 21 October, a day of general discussion was held at the Palais des Nations on the topic of article 12 of the Convention, equal recognition before the law. The discussion was attended by representatives of States parties, civil society, and other interested parties.

12.The day of general discussion was opened with a speech by the Chief of the Human Rights Treaties Branch, Ibrahim Salama. He welcomed all attendees, and expressed his support for the proceedings.

13.Opening remarks were then given by the Chair of the Committee, Mohammed Al-Tarawneh, who mentioned the importance of article 12, and looked forward to the constructive dialogue facilitated by the day of general discussion.

14.Presentations throughout the day were given by five non-governmental organizations (NGOs), the list of which is contained in the annex to the present document.

15.At the end of the day of general discussion, the Committee welcomed the participating entities in the day of general discussion, recognizing the valuable contributions of civil society, and expressed the hope that non-governmental organizations would continue to work with the Committee to promote further ratification and accession to the Convention and to its Optional Protocol.

C.Re-election of the Committee Chairperson and its Bureau

16.With reference to the election of the Committee Chairperson and its Bureau during the first session (CRPD/C/1/2, paras. 13 and 14), and the subsequent request by the Chairperson for legal advice by letter dated 10 March 2009, the Chairperson of the Committee, Mr. Al-Tarawneh, provided a letter from the High Commissioner for Human Rights, dated 22 April 2009 which stated, in accordance with advice received from the Office of Legal Affairs, that according to the definition of a simple majority as expressed in rule 14 of the Committee’s draft provisional rules of procedure, no single candidate had obtained the majority required to be elected as Chair within the meaning of those rules during the previous elections on 24 February 2009. Moreover, it reflects the view of the Office of Legal Affairs that the agreement reached by the members in February 2009, to the effect that Mohammed Al-Tarawneh would act as the Committee’s Chairperson during the first year and Ana Pelaez-Narvaez would act as the Chairperson during the second year, with both serving as Vice-Chairperson during the second and first year, respectively, was inconsistent with rules 14 and 15. Nevertheless, the advice indicated that it was ultimately for the Committee to decide on the future course of action. The Committee decided to conduct a second ballot between the two members who had received the most votes during the last elections.

17.After three rounds of balloting which each resulted in a tie, the Committee broke into informal consultations which resulted in the proposal to present a third candidate, Ronald McCallum, whose designation as Chairperson would command consensus, in tandem with the simultaneous withdrawal of both previous candidates.

18.By acclamation, Ronald McCallum was elected as Chairperson of the Committee on the Rights of Persons with Disabilities, effective at the beginning of its third session, on 22 February 2010.

19.Following the re-election process the Bureau was selected by consensus of the Committee. In recognition of their withdrawal, candidates Mr. Al-Tarawneh and Ms. Pelaez-Narvaez were chosen as Vice-Chairpersons, in addition to Ms. Jia Yang. Edah Maina was chosen as Rapporteur. All positions will be filled at the commencement of the third session on 22 February 2010. The members of the Bureau will thus be as follows:

Chairperson:	Ronald McCallum (Australia)
Vice-Chairperson:	Mohamed Al-Tarawneh (Jordan)
Vice-Chairperson:	Ana Pelaez-Narvaez (Spain)
Vice-Chairperson:	Jia Yang (China)
Rapporteur:	Edah W. Maina (Kenya)

D.Other decisions

20.The Committee took a number of other decisions, which are listed below and in annex IV.

21.The Committee decided to adopt general remarks at the conclusion of the day of general discussion on article 12, and to return to the discussion of the issue at its third session.

E.Future sessions

22.In accordance with the calendar of conferences adopted by the General Assembly, the CRPD confirmed the date of its third session, from 22 to 26 February 2010 in Geneva.

23.The Committee again requested the secretariat to explore the possibility of holding some of its sessions in New York.

24.For its third session, the Committee decided on a provisional list of matters to be placed on the agenda (see annex V).

F.International Day of Persons with Disabilities

25.The Committee recognized the upcoming international day of persons with disabilities on 3 December 2009, and expressed its support and interest in providing letters encouraging action on the part of States around the world, NGOs and individuals to celebrate the occasion.

III.Conference of States Parties

A.Second session of the Conference of States Parties

26.From 2 to 4 September 2009, the Committee held the second session of its Conference of States Parties in New York. Six members of the Committee attended the session: Mr. Al-Tarawneh, Ms. Pelaez-Narvaez, Ms. Maina, Mr. Choudhury, Ms. Cisternas Reyes and Mr. Ursic.

B.Schedule of work of the second session of the Conference of States Parties

27.The Conference of States Parties allowed two round-table discussions to be held, the first on accessibility and reasonable accommodation, and the second on equal recognition before the law, access to justice and supported decision-making.

Annexes

Annex I

States parties to the Convention and the Optional Protocol at the time of the second session

Participant	Signature	Formal confirmation c , accession a , r atification
Algeria	30 March 2007
Andorra	27 April 2007
Antigua and Barbuda	30 March 2007
Argentina	30 March 2007	2 Sept. 2008
Armenia	30 March 2007
Australia	30 March 2007	17 July 2008
Austria	30 March 2007	26 Sept. 2008
Azerbaijan	9 Jan. 2008	28 Jan. 2009
Bahrain	25 June 2007
Bangladesh	9 May 2007	30 Nov. 2007
Barbados	19 July 2007
Belgium	30 March 2007	2 July 2009
Benin	8 Feb. 2008
Bolivia (Plurinational State of)	13 Aug. 2007	16 Nov. 2009
Bosnia and Herzegovina	29 July 2009
Brazil	30 March 2007	1 Aug. 2008
Brunei Darussalam	18 Dec. 2007
Bulgaria	27 Sept. 2007
Burkina Faso	23 May 2007	23 July 2009
Burundi	26 April 2007
Cambodia	1 Oct. 2007
Cameroon	1 Oct. 2008
Canada	30 March 2007
Cape Verde	30 March 2007
Central African Republic	9 May 2007
Chile	30 March 2007	29 July 2008
China	30 March 2007	1 Aug. 2008
Colombia	30 March 2007
Comoros	26 Sept. 2007
Congo	30 March 2007
Cook Islands		8 May 2009a
Costa Rica	30 March 2007	1 Oct. 2008
Côte d'Ivoire	7 June 2007
Croatia	30 March 2007	15 Aug. 2007
Cuba	26 April 2007	6 Sept. 2007
Cyprus	30 March 2007
Czech Republic	30 March 2007	28 Sept. 2009
Denmark	30 March 2007	24 July 2009
Dominica	30 March 2007
Dominican Republic	30 March 2007	18 Aug. 2009
Ecuador	30 March 2007	3 April 2008
Egypt	4 April 2007	14 April 2008
El Salvador	30 March 2007	14 Dec. 2007
Estonia	25 Sept. 2007
Ethiopia	30 March 2007
European Community	30 March 2007
Finland	30 March 2007
France	30 March 2007
Gabon	30 March 2007	1 Oct. 2007
Georgia	10 July 2009
Germany	30 March 2007	24 Feb. 2009
Ghana	30 March 2007
Greece	30 March 2007
Guatemala	30 March 2007	7 April 2009
Guinea	16 May 2007	8 Feb. 2008
Guyana	11 April 2007
Haiti		23 July 2009a
Honduras	30 March 2007	14 April 2008
Hungary	30 March 2007	20 July 2007
Iceland	30 March 2007
India	30 March 2007	1 Oct. 2007
Indonesia	30 March 2007
Iran (Islamic Republic of)		23 Oct. 2009a
Ireland	30 March 2007
Israel	30 March 2007
Italy	30 March 2007	15 May 2009
Jamaica	30 March 2007	30 March 2007
Japan	28 Sept. 2007
Jordan	30 March 2007	31 March 2008
Kazakhstan	11 Dec. 2008
Kenya	30 March 2007	19 May 2008
Lao People’s Democratic Republic	15 Jan. 2008	25 Sept. 2009
Latvia	18 July 2008
Lebanon	14 June 2007
Lesotho		2 Dec. 2008a
Liberia	30 March 2007
Libyan Arab Jamahiriya	1 May 2008
Lithuania	30 March 2007
Luxembourg	30 March 2007
Madagascar	25 Sept. 2007
Malawi	27 Sept. 2007	27 Aug. 2009
Malaysia	8 April 2008
Maldives	2 Oct. 2007
Mali	15 May 2007	7 April 2008
Malta	30 March 2007
Mauritius	25 Sept. 2007
Mexico	30 March 2007	17 Dec. 2007
Monaco	23 Sept. 2009
Mongolia		13 May 2009a
Montenegro	27 Sept. 2007
Morocco	30 March 2007	8 April 2009
Mozambique	30 March 2007
Namibia	25 April 2007	4 Dec. 2007
Nepal	3 Jan. 2008
Netherlands	30 March 2007
New Zealand	30 March 2007	25 Sept. 2008
Nicaragua	30 March 2007	7 Dec. 2007
Niger	30 March 2007	24 June 2008
Nigeria	30 March 2007
Norway	30 March 2007
Oman	17 March 2008	6 Jan. 2009
Pakistan	25 Sept. 2008
Panama	30 March 2007	7 Aug. 2007
Paraguay	30 March 2007	3 Sept. 2008
Peru	30 March 2007	30 Jan. 2008
Philippines	25 Sept. 2007	15 April 2008
Poland	30 March 2007
Portugal	30 March 2007	23 Sept. 2009
Qatar	9 July 2007	13 May 2008
Republic of Korea	30 March 2007	11 Dec. 2008
Republic of Moldova	30 March 2007
Romania	26 Sept. 2007
Russian Federation	24 Sept. 2008
Rwanda		15 Dec. 2008a
San Marino	30 March 2007	22 Feb. 2008
Saudi Arabia		24 June 2008a
Senegal	25 April 2007
Serbia	17 Dec. 2007	31 July 2009
Seychelles	30 March 2007	2 Oct. 2009
Sierra Leone	30 March 2007
Slovakia	26 Sept. 2007
Slovenia	30 March 2007	24 April 2008
Solomon Islands	23 Sept. 2008
South Africa	30 March 2007	30 Nov. 2007
Spain	30 March 2007	3 Dec. 2007
Sri Lanka	30 March 2007
Sudan	30 March 2007	24 April 2009
Suriname	30 March 2007
Swaziland	25 Sept. 2007
Sweden	30 March 2007	15 Dec. 2008
Syrian Arab Republic	30 March 2007	10 July 2009
Thailand	30 March 2007	29 July 2008
The former Yugoslav Republic of Macedonia	30 March 2007
Togo	23 Sept. 2008
Tonga	15 Nov. 2007
Trinidad and Tobago	27 Sept. 2007
Tunisia	30 March 2007	2 April 2008
Turkey	30 March 2007	28 Sept. 2009
Turkmenistan		4 Sept. 2008a
Uganda	30 March 2007	25 Sept. 2008
Ukraine	24 Sept. 2008
United Arab Emirates	8 Feb. 2008
United Kingdom of Great Britain and Northern Ireland	30 March 2007	8 June 2009
United Republic of Tanzania	30 March 2007	10 Nov. 2009
United States of America	30 July 2009
Uruguay	3 April 2007	11 Feb. 2009
Uzbekistan	27 Feb. 2009
Vanuatu	17 May 2007	23 Oct. 2008
Viet Nam	22 Oct. 2007
Yemen	30 March 2007	26 March 2009
Zambia	9 May 2008

Annex II

Membership of the Committee on the Rights of Persons with Disabilities and terms of office

Name of member	State party	Term of office Expires on 31 December
Ms. Amna Ali Al Suweidi	Qatar	2012
Mr. Mohammed Al-Tarawneh	Jordan	2012
Mr. Lotfi Ben Lallohom	Tunisia	2010
Mr. Monsur Ahmed C howdhuri	Bangladesh	2012
Ms. Maria Soledad C isternas-R eyes	Chile	2012
Mr. György Könczei	Hungary	2010
Ms. Edah Wangechi Maina	Kenya	2010
Mr. Ronald McCallum	Australia	2010
Ms. Ana Peláez N arváez	Spain	2012
Mr. Germán Xavier Torres Correa	Ecuador	2010
Mr. Cveto Uršič	Slovenia	2010
Ms. Jia Yang	China	2012

Annex III

Provisional agenda for the second session of the Committee

1.Opening of the session and adoption of the agenda.

2.Adoption of the report of the first session of the Committee.

3.Report of the Chairperson on intersessional activities.

4.Ways and means of expediting the work of the Committee:

(a)Draft rules of procedure;

(b)Draft reporting guidelines and other working methods.

5.Day of general discussion on article 12.

6.Provisional agenda for the third session.

7.Adoption of the report of the second session.

8.Other matters.

Annex IV

Decisions adopted by the Committee during its second session

1. The Committee decided to adopt the draft reporting guidelines subject to a number of amendments, and send the text to all States parties and civil society at the same time.

2.The Committee decided to request the secretariat to assist in the preparation of materials to interface between United Nations bodies, States parties, and NGOs for the International Day of Disability on 3 December 2009.

3.The Committee decided to request again the secretariat to explore the possibility of holding a future Committee meeting in New York.

4.The Committee proposed and adopted the decision to assign a certain amount of time for follow-up discussions on the status of implementation of its previous decisions.

5.The Committee decided to discuss at its forthcoming third session the possibility of assigning a focal person for networking with the different treaty bodies.

6.The Committee requested the secretariat to consider the possibility to have access to public relations support when the situation requires.

7.The Committee decided to carefully study the comments and recommendations that were made during the day of general discussion, in particular the suggestion for the formulation and adoption of a general comment on article 12.

8.The Committee decided on the matters to be placed on the provisional agenda of the third session of the Committee.

Annex V

Draft agenda of the third session of the Committee

1.Opening of the session and adoption of the agenda and organization of work.

2.Adoption of the report of the Committee on its second session.

3.Report of the Chairperson on activities undertaken between the second and the third session of the Committee.

4.Ways and means of expediting the work of the Committee:

(a)Draft rules of procedure;

(b)Draft working methods.

5.Follow-up on previous decisions of the Committee.

6.Follow-up on the day of general discussion on article 12 and preparation for the second day of general discussion.

7.Provisional agenda for the fourth session.

8.Other matters.