Institution-building for implementation

Institutions required under the Convention (art. 33)

Before examining various implemen-tation measures more closely, it is worth referring briefly to article  33, which sets out three particularly relevant ones (see also module 6): focal points, coordination mechanisms and independent monitoring mechanisms.

Focal points: Article  33, paragraph 1, requires a focal point or focal points within the Government with responsibility for matters relating to the implementation of the Conven-tion. The Convention does not specify who could act as focal point (a ministry, a depart-ment in a ministry, a single person and so on).

Coordination mechanisms: The same paragraph requires States parties to give due consideration to the establishment or designation of a coordination mechanism within the Government to facilitate action related to the implementation of the Conven-tion. Although optional, such a coordination mechanism could be beneficial by ensuring that all ministries and all levels of government

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(central, provincial and local) are working together to implement the Convention and disability issues do not remain stuck in one ministry (such as health or social affairs).

Focal points and coordination mecha-nisms ensure that there is an authority in the country with ongoing responsibility for imple-mentation. By itself, this might not necessarily lead to effective implementation: the focal point and/or coordination mechanism also has to have financial backing to follow up on implementation, as well as have the relevant expertise. Effective participation of persons with disabilities and their representative organizations should also help make focal points and coordination mechanisms effec-tive. Without effective focal points and/or coordination mechanisms, the risk is that no one will be responsible for moving the Con-vention’s standards from the international level to the national level so that they have real meaning.

Some issues to bear in mind:

✓ Ensure that the focal point and/or coor-dination mechanism is clearly estab-lished, e.g., in law

✓ Ensure that the focal point and/or coor-dination mechanism is sufficiently staffed

✓ Ensure that the focal point and/or coor-dination mechanism has funding to carry out its tasks

✓ Ensure that the focal point and/or coor-dination mechanism is sufficiently close to decision makers with authority so that advice on implementation and coordina-tion is acted upon

✓ Ensure that the focal point and/or coor-dination mechanism is not relegated to a ministry or department with relatively

little authority, and if it is, ensure that the focal point is sufficiently high up so that it has authority to act and is con-nected through an effective coordination mechanism with other relevant ministries so that Convention-related action cuts across the Government

✓ Clarify in the focal point’s terms of refer-ence that it is there to facilitate implemen-tation but not to be the sole government institution responsible for the Convention (the effect of which could be to sideline the Convention and implementation rather than mainstream disability rights)

✓ Provide the focal point and coordination mechanism with terms of reference so that their roles are clear.

Some likely initial tasks of the focal point might be:

✓ Map laws and strategies as a first step in the legal reform

✓ Ensure that other parts of government are aware of the ratification (other min-istries, parliament, etc.)

✓ Alert organizations of persons with dis- abilities and broader civil society as a first step towards holding effective con-sultations on implementation

✓ Establish an interministerial task force on the Convention

✓ Make contact with other levels of gov-ernment, such as local or State

✓ Draw up a list of actions and identify which ministries are responsible for which actions

✓ Ensure that a budget is allocated to its work in next year’s workplan

✓ Hold a national conference or consulta-tion

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✓ Contact media organizations to high-light what the Government is doing to put the Convention into practice

✓ Translate the Convention into local lan-guages

✓ Be aware of the Committee’s reporting guidelines.

Independent monitoring mechanisms:

Article 33, paragraph 2, on the other hand, focuses on establishing a structure to over-see the implementation of the Convention. It requires States to maintain, strengthen, des-ignate or establish one or more independent mechanisms to promote, protect and monitor implementation of the Convention. Impor-tantly, in setting up such mechanisms, States have to take into account “the principles relat-ing to the status and functionrelat-ing of national institutions for protection and promotion of human rights”, otherwise known as the Paris Principles. In other words, the mechanisms must meet internationally agreed standards of independence, plurality and operating.

Other institutions relevant to implementation

Courts: State parties are also required to promote appropriate training on the Con-vention for the judiciary in accordance with article 13. “In order to help to ensure effec-tive access to justice for persons with dis- abilities, States Parties shall promote appro-priate training for those working in the field of administration of justice, including police and prison staff.” Training should include training for judges and lawyers on the rights of persons with disabilities and on the inter-national commitments of States under the Convention so that cases are dealt with in accordance with international law. In addi-tion, courts should be physically accessible

to persons with disabilities and their infor-mation must also be accessible (documents in Braille, websites using screen-readable formats, sign-language interpretation in court and so on).

Parliaments: Parliaments have a cru-cial role to play in implementing the Con-vention, by adopting legislation but also by holding the executive accountable for policies and strategies as well as service delivery. Parliaments also have an impor-tant role in the budget process. While the Convention does not refer to parliaments, strengthening them, by making them acces-sible and raising awareness among parlia-mentarians about disability rights and per-sons with disabilities as key constituents, can have a potentially strong impact on the Convention’s implementation.

Participation of civil society

The Convention also stipulates that civil society, particularly persons with disabili-ties and their representative organizations, should participate fully in all aspects of this monitoring process, just as they are to be involved in the development and implemen-tation of policies, programmes and legisla-tion to implement the Convenlegisla-tion, in line with article 4.

This reference to civil society raises at least two issues:

(a) Civil society, in particular persons with disabilities and their representative organizations, should be involved in the monitoring process undertaken by the independent monitoring mechanism established under article 33 (and ideally also in the work of focal points and coor-dination mechanisms);

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(b) Civil society itself has a role to play in monitoring the Convention, inde-pendently of the other mechanisms established under article 33.

B. Laws, policies and