A/HRC/13/29 Convention. This means that the framework needs to be given an adequate mandate and the institutional capacity required to effectively perform its functions. (c) Civil society and in particular persons with disabilities and their representative organizations need to be involved and fully participate in the monitoring process. 42. Only a few States that have made written submissions to this study provided detailed information as to the process and steps taken at national level towards establishing or designating a monitoring framework. Formal designation has taken place only in a few countries such as Austria, Germany, Spain and the United Kingdom. On the other hand, several States indicated that consultations to explore options and make recommendations on the structure and role of the framework were ongoing at national level, such as in the Republic of Korea, Mexico, and Oman.24 1. The independent mechanism and the Paris Principles 43. States that have conducted consultations have explored the suitability of existing entities as possible components of the monitoring framework. Entities that have been considered include legislative committees, national human rights institutions, organizations of persons with disabilities, parliamentary ombudsmen, national disability councils, government agencies delivering disability-related services, government agencies for disability policy coordination, and others. 44. While allowing States to consider their legal and administrative specificities in the establishment of such frameworks, article 33, paragraph 2 harnesses government accountability by requiring the presence of independent entities in the framework. From this perspective, the Paris Principles provide important guidance to identify the characteristics the framework should overall possess, while accepting that not all components of the framework need to be fully compliant with the Paris Principles. At the very minimum, paragraph 2 requires that the framework shall include at least one independent mechanism that functions on the basis of the Paris Principles. 45. The Paris Principles identify four main characteristics which should apply to the independent mechanisms under article 33 of the Convention and should be considered to apply to the overall framework: (a) Competence and responsibilities: national human rights institution, and, in the context of article 33, the independent mechanism established under the Convention, shall be given as broad a mandate as possible which shall be clearly set forth in a constitutional or legislative text. Responsibilities shall include: reporting to the Government on human rights matters; harmonization of national legislation, regulations and practices with international human rights standards; encouraging ratification of international human rights instruments; contributing to report of State to United Nations treaty bodies and committees; cooperating with international, regional and other national human rights institutions; assisting in human rights education; and publicizing and promoting human rights; (b) Composition, independence and pluralism: independence is guaranteed through the means of: composition, which should ensure the pluralist representation of social forces in the country; sufficient funding and infrastructure, not to be subject to financial control by government; and appointment by official act, establishing the mandate; 24 10 See submissions by Korea, Mexico and Oman at http://www2.ohchr.org/english/ issues/disability/submissions.htm. GE.09-17748

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