Given that State parties to the Conven-tion have different forms of government and are organized differently, the article relating to focal points and coordination mechanisms is flexible and therefore adaptable.
However, since other international instruments, such as the World Programme of Action concerning Disabled Persons and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, have also called for the establishment of similar entities, it is worth reflecting on their experience to orient the implementation of article 33.
The focal point(s)
• Where focal points on disability exist, it is nonetheless important to give such mechanisms an explicit mandate in rela-tion to the Convenrela-tion. In addirela-tion, this mandate should be revised to ensure that it is sufficiently broad to cover the implementation of the Convention in full.
• For the effective implementation of the Convention, it might be advisable to adopt a two-pronged approach and appoint focal points in each or most governmental departments/ministries as well as designate one overall focal point within the Government responsible for implementation.
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• Besides functional focal points in the ministries concerned, the State might establish focal points at different levels of government, e.g., local, regional and national/federal.
• The mandate of the focal point(s) should ideally include promoting awareness of the Convention within the ministry des-ignated as focal point, participation in the development of an action plan on the Convention, and monitoring and reporting on implementation within their functional lines (but remember, this monitoring does not replace the one foreseen in paragraph 2).
• If a decision is taken to appoint one overall focal point, the following consid-erations are relevant:
❍ First, the Convention’s shift in approach to disability, away from a medical and charity approach to one based on human rights, needs to be reflected in the choice of focal point. The ministry of health should not be designated as the government focal point, because that would reinforce the understand-ing of disability as a medical con-dition. Similarly, placing the focal point within the ministries of welfare or labour as is the practice in the majority of State parties may also need to be reviewed to ensure that a human rights approach is adopted.
An alternative could be placing the focal point in ministries with respon-sibility for justice and human rights (which in some countries is, in any case, the ministry of social affairs).
❍ Second, implementation of the Convention requires traction at the most senior level. Placing the focal
point close to the heart of the Gov-ernment, such as in the office of the president or the prime minister, or the cabinet office, would be ideal.
Some State parties have already done this. However, if a ministry is appointed focal point and that minister is not part of the cabinet, this might hamper effectiveness.
❍ Third, the mandate of the focal point should clearly focus on devel-oping and coordinating a coherent national policy on the Convention.
As such, the focal point should pro-mote, guide, inform and advise the Government on matters related to the implementation of the Conven-tion but not necessarily implement it by delivering disability support services. The mandate could also include coordinating government action on the Convention in respect of reporting, monitoring, aware-ness-raising and liaising with the independent monitoring framework designated under article 33, para-graph 2, of the Convention.
❍ Fourth, the focal point should rep-resent the channel for civil society and organizations of persons with disabilities to communicate with the Government on the Convention’s implementation.
❍ Fifth, the focal point should have ade-quate technical staff and resources.
Placing the focal point within a large ministry could ensure this.
The Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities and its Optional Protocol 12
12 From Exclusion to Equality: Realizing the rights of persons with disabilities (2007).
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identifies possible tasks of the national focal point(s) as follows:
• Advise the Head of State/Government, policymakers and programme planners on the development of policies, legis-lation, programmes and projects with respect to their impact on people with disabilities;
• Coordinate the activities of various min-istries and departments on human rights and disability;
• Coordinate activities on human rights and disability at federal, national, regional, State, provincial and local lev-els of government;
• Revise strategies and policies to ensure that the rights of persons with disabilities are respected;
• Coordinate the drafting, revision or amendment of relevant legislation;
• Raise awareness about the Convention and its Optional Protocol within the Gov-ernment;
• Ensure that the Convention and its Optional Protocol are translated into local languages and issued in accessi-ble formats;
• Establish an action plan for the Conven-tion’s implementation;
• Monitor the implementation of the action plan on human rights and disabilities;
• Coordinate the preparation of the State’s initial and periodic reports;
• Raise public awareness on disability- related issues and the rights of persons with disabilities;
• Build capacity within the Government on disability-related issues;
• Ensure and coordinate the collection of data and statistics for effective policy programming and evaluation of imple-mentation;
• Ensure that persons with disabilities par-ticipate in the development of policies and laws that affect them;
• Encourage persons with disabilities to par-ticipate in organizations and civil society, and encourage the creation of organiza-tions of persons with disabilities.
The coordination mechanism
Although optional, the establishment of a coordination mechanism at governmental level in addition to focal points is encour-aged under the Convention.
A coordination mechanism could, for example, take the shape of an interminis-terial group, i.e., representatives from the ministries concerned tasked with coordinat-ing the Convention’s implementation across departments/sectors or levels of government.
Given the breadth of the Convention, all ministries will have some responsibilities for implementing parts of it.
Some coordinating mechanisms include representatives of various ministries as well as of organizations of persons with disabili-ties, other civil society organizations, the pri-vate sector and trade unions. Their mandate often focuses on policy development, the promotion of dialogue on disability, aware-ness-raising and similar functions.
Note that coordination mechanisms could prove particularly beneficial in coun-tries with systems of devolved administration, such as federal States.
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Trainers should endeavour to identify national and regional mechanisms that are relevant to the context of the training so that participants are provided with sufficient examples of existing mechanisms.