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REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS
F] Towards a New International Convention
5.29 In December 2001, the United Nations General Assembly in its resolution
56/168, recognized that Governments, UN bodies and NGOs had not been
successful in promoting full and effective participation and opportunities for
persons with disabilities in economic, social, cultural and political life.
Expressing its deep concern "about the disadvantages faced by 600 million
disabled around the world", the General Assembly called for the establishment
of an Ad Hoc Committee to consider proposals for a "Comprehensive and
Integral International Convention taking into account the recommendations of
the Commission on Human Rights and the Commission for Social Development".
The Ad Hoc Committee met subsequently and, for its part, invited National
Institutions, among others, to participate in the discussions on this subject.
5.30 It was in this context that the Seventh Meeting of the Asia Pacific Forum
of National Human Rights Institutions (APF) was held in New Delhi between
11 - 13 November 2002. In that meeting, Forum Members agreed to respond
positively to the invitation of the United Nations Ad Hoc Committee to
participate independently and in their own capacity in the development of a
possible new convention. In December 2002, through its resolution A/RES/57/
229, the United Nations General Assembly endorsed the invitation of the Ad
Hoc Committee to National Institutions to participate in the consideration of
this matter, making this the first instance in the history of the United Nations
in which National Institutions have been involved in the treaty-making process
of a human rights convention.
5.31 This Commission is firmly of the opinion that a coherent and integrated
human rights approach to disability cannot be developed under the present
treaty system and that a comprehensive convention is required to give status,
authority and visibility to disability issues within a human rights framework.
In the view of the Commission, a single comprehensive treaty would enable
the State parties to understand their obligations in clear terms and give both
States and civil society a clear objective, viz., the furtherance and fulfillment
of the rights of the disabled in a holistic manner. In taking this view, the
Commission has been mindful of contemporary international law which
recognizes that all States have a duty, under Article 56 of the Charter of the
United Nations, to ensure respect for and to observe human rights, including
the incorporation of human rights standards in their national legislation. More
importantly, the Commission has been guided by the provisions of Article 51(c)
of the Constitution which, assert, as a Directive Principle, that the State shall
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N