PWD E-Bulletin |
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Issue 39, Special UN Convention Edition, March 2007
Contents
Convention on the Rights of Persons with DisabilitiesAbout PWDPrivacy statement |
Convention newsUnited Nations Convention on the Rights of Persons with DisabilitiesWelcome to this special edition of PWD’s e-bulletin. PWD e-bulletins go out to members and interested others regularly by email. For members who do not have access to email, a printed version of the e-bulletin will be sent by post. To be added to or removed from our mailing list, or to change your email address, please contact Allyson Campbell at PWD on email pwd@pwd.org.au or on one of the numbers listed at the end of this bulletin.Ceremony for disability rights convention and optional protocolThe Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention on the Rights of Persons with Disabilities were both adopted by the United Nations General Assembly on 13 December 2006. Both documents are now open for signature by all countries and by UN regional organisations at UN Headquarters in New York City from Friday 30 March 2007. There will be a formal ceremony for the opening of the Convention for signature on that day. True certified copies of both documents can be accessed at http://www.un.org/esa/socdev/enable/opsigola.htm By his letter dated 18 January 2007, Ambassador Don MacKay, former Chair of the Ad Hoc Committee that drafted the Convention, advised all governments about the ceremony’s taking place, and urged them to take all steps that would enable them to sign the Convention at the ceremony. He also urged governments to consider the possibility of being represented at the ceremony by Ministers or other high level participants, in keeping with the importance of the occasion and the significance of the new Convention. The UN has also welcomed all interested representatives of organisations of people with disability and other non government organisations to attend the ceremony. This is part of the ongoing commitment of the UN to including people with disability at every stage in the development of the Convention. For more information on the ceremony, click on this link: http://www.un.org/esa/socdev/enable/index.html (For a brief background to the development of the Convention and Optional Protocol, see ‘Background’ below).PWD urges Australian Government to sign ConventionPWD wrote recently to the Prime Minister, members of Cabinet and to the Parliamentary Friends of People with Disability group to strongly urge that the Australian Government become a signatory to the Convention on the Rights of Persons with Disabilities. PWD noted that the Convention is open for signature at the formal ceremony to take place at the UN on 30 March 2007, and that this event represents a significant opportunity for the Australian Government to demonstrate its leadership in the further development of disability rights by becoming one of the first signatories to the Convention. PWD suggested that the convention is not only a landmark document in the development of disability rights, but also the first major human rights instrument of the 21st century. As such, Australia has an historic opportunity to demonstrate its commitment to the rights of Australians with disability and to human rights principles more generally by signing the Convention at the earliest possible time, and subsequently incorporating the text into Australia’s domestic law. PWD noted that we have worked closely with the Australian Government in the development of the Convention since 2002. We congratulate the Government on its collaborative approach to date and encourage the Government to continue this approach by enabling the participation of non government organisations in decisions relating to the incorporation of the text of the Convention into Australian domestic law. Cross party support for convention in SenateWA Greens Senator, Rachel Siewert recently moved in the Senate a motion that reads:
‘That the Senate -
Senator Siewert received cross party support for her motion. The Senator told PWD: PWD takes this opportunity to commend Senator Siewert in particular and to thank Senators of all political persuasions for their interest in and support for the Convention. From signature to domestic law: the process from hereThe first necessary step is for the Australian Government to sign the Convention. Once 20 countries have signed the Convention, it becomes part of international law, but not necessarily part of any countries’ domestic law. Signing is really a political rather than legal act by which governments indicate to the international community that they accept the text. The only obligation on our Government following its signing of the Convention would be an obligation not to do anything that would undermine the objects and purpose of the Convention. ‘Ratification’ is the process by which our Government becomes bound by the text of the Convention within the international community, but prior to taking that step the Government undertakes a range of initiatives domestically. These initiatives are set out below in general terms. Following the act of signing, the Convention would be tabled in both houses of Parliament along with a National Interest Analysis and possibly a Regulatory Impact Statement. Debate about the Convention may take place and the Government’s reservations (obligations arising from the Convention that the Government will seek exemption from), if any, may be identified. The Convention and related documentation would then be referred to the Parliamentary Joint Standing Committee on Treaties (JSCOT) for its scrutiny and review. JSCOT would likely seek submissions from all stakeholders including the community and would likely provide a detailed report and recommendations to Government. The Government also has a range of consultation mechanisms for discussion of treaties between itself and the States and Territories. There is the Treaties Council, and the Commonwealth, States and Territories Standing Committee on Treaties. These mechanisms are very likely to be used to consult regarding the text of the Convention because much of the Convention’s obligations will fall upon the States and Territories to implement. Clearly there is a role for advocacy by people with disability during these processes. PWD is committed to that role, encouraging all stakeholders to recommend ratification and responding to any reservations that may be expressed during these processes. Should the Government decide to ratify the Convention, that process is undertaken by depositing an ‘instrument of ratification’ at UN Headquarters in New York City. It is only upon this instrument being so deposited that our Government becomes bound by the Convention within the international community. Regrettably, however, the legal position following ratification is that ratified treaties are not directly and automatically incorporated into Australian domestic law. This means that a ratified Convention by itself cannot impose obligations on governments or individuals and cannot create rights for people with disability in domestic law. Following ratification, the significant project of systemic advocacy directed to domestic legislative, programmatic and procedural implementation of the Convention’s obligations and rights would commence in earnest. For a more detailed account of the treaty making and implementation process, please see http://www.austlii.edu.au/au/other/dfat/reports/infokit.html#QnA or contact Matthew Keeley, Senior Legal Officer at PWD. What you can doYou can urge the Government to sign the Convention at the earliest possible opportunity by writing to the Prime Minister, the Hon. John Howard, the Attorney-General, the Hon. Phillip Ruddock, the Minister for Foreign Affairs, the Hon. Alexander Downer and the Minister for Community Services, the Hon. Mal Brough. The departments of the three Ministers mentioned have been closely involved with negotiations surrounding the Convention and have generally formed a substantial part of the Government’s delegation to the Ad Hoc Committee that drafted the Convention. The support of these three Ministers for the acts of signing and ratifying the Convention, and then implementation of its terms within domestic law is crucial. You can write to the Prime Minister and Ministers at:
PO Box 6022 http://www.pm.gov.au/contact/index.cfm
You can contact the following Ministers via email:
The Hon Phillip Ruddock
The Hon Alexander Downer
The Hon Mal Brough MP BackgroundPWD has been involved in the development of the Convention since the decision was made by the UN General Assembly to proceed with the development of the treaty in 2001. Participation has taken the form of close liaison with Australian NGOs, DPOs and Australian Government representatives. PWD delegations have attended seven sessions of the Ad Hoc Committee to represent and advocate for the rights of Australians with disability. This convention is particularly significant given that it was the first time the United Nations included the participation of people with disability in the drafting process. This was achieved by both having people with disability as part of official country delegations and by allowing the participation of non-government organisations (NGOs), many of them made up of people with disability. As noted above, PWD has worked closely with the Australian Government in the development of the Convention since 2002, working and consulting widely with Australians with disability and their organisations. PWD has also consulted with other governments and NGOs around the world. PWD has also made a key contribution to the development of the Convention text through its leadership of two major national consultations in 2004 and 2005. Further informationFor further information on the Convention, please contact PWD on pwd@pwd.org.au See also the UN Enable website for further information: http://www.un.org/esa/socdev/enable/index.html |
++About PWDPeople with Disability Australia Incorporated (PWD) is a national disability rights and advocacy organisation. Its primary membership is people with disability and organisations primarily made up of people with disability. PWD also has a large associate membership of other individuals and organisations committed to the disability rights movement. PWD was founded in 1981, the International Year of Disabled People, to provide people with disability with a voice of our own. We have a cross-disability focus; we represent the interests of people with all kinds of disability. PWD is a non-profit, non-government organisation. For information about membership of PWD, contact Allyson Campbell, PWD. ++PWD's training servicesPWD has extensive experience in the development and delivery of professional training across a wide range of disability areas, including:
Training packages developed are flexible and tailor-made to meet the needs of the particular organisation. To find out more about PWD's training services or to discuss your specific training needs, contact our Senior Education Officer, Samantha French or Ph 02 9370 3100. |
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