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5.39 The Working Group’s mandate was to compile a draft text, which would be the basis
for negotiations at the Ad Hoc Committee. Many members of the Working Group acknowledged
the contributions of human rights experts in the process of compiling the draft text. Their
ready knowledge of the human rights law was found useful in fine-tuning the text. However,
the Working Group could not reach any consensus on a number of issues relating to the
monitoring and implementation of the treaty, though, in their view, the National Institutions:
Can promote awareness of the provisions of the Convention to persons with disabilities
and to the general population
Can monitor national legislation, policies and programmes to ensure consistency with
the Convention
Can undertake or facilitate research on the impact of the Convention and of national
legislation
Can develop a system for assessing the impact on persons with disabilities and can
receive complaints about failure to observe the Convention.
5.40 Keeping in view the rapid pace of treaty elaboration and the effort of UN to invite
views on the draft text compiled by the working group, the Commission decided to support
the process by convening consultative workshops involving disability organizations, experts
and representatives of Central and State Governments. These workshops were very useful
in promoting awareness about the Treaty elaboration process and achievements made by
the UN Ad hoc Committee and Working Group so far. On the other hand it provided
opportunities for critical review of the draft convention on the theme of disability with an
ultimate objective to suggest improvements taking into account the lived realities of persons
with disabilities in India and the overall economic, social and cultural conditions of the
country.
5.41 The Commission is of the firm view that a binding instrument on the theme of
disability in international law would give “status, authority and visibility” to disability
issues which cannot be achieved through the process of reform of existing international
instruments and monitoring mechanisms. It also recognizes that by tailoring the existing
rights to the specific circumstances of people with disabilities, the treaty would enable the
State Parties to understand their obligations in clear terms and it would set clear goals
for the development of disability-inclusive systems and processes.
Asian and Pacific Decade 1993-2002
5.42 The Governments of the ESCAP region proclaimed the Asian and Pacific Decade of
Disabled Persons, 1993-2002, by resolution 48/3 of 23 April 1992, at Beijing. The resolution
was intended to strengthen regional cooperation in resolving issues affecting the achievement
ANNUAL REPORT 2003-04