A/HRC/13/29 A. International level 13. At the international level, the Convention provides for monitoring through three procedures. In the first instance, the Convention regulates, on grounds similar to other human rights treaties, a reporting procedure. States and regional integration organizations which are parties to the Convention commit to periodically reporting on measures taken to give effect to their obligations under the Convention and on the progress made in this regard. 14. These reports are examined by an international committee of independent experts, namely the Committee on the Rights of Persons with Disabilities. This Committee has the mandate to consider the reports of parties to the Convention and make suggestions and recommendations to the parties for strengthening implementation of the Convention. Monitoring also takes place through an individual communication procedure and an inquiry procedure. Both these procedures are subject to ratification of the Optional Protocol to the Convention.8 B. National level 15. At the national level, article 33 of the Convention requires States parties to put in place a structure tasked with implementing and monitoring the Convention. The inclusion of a norm detailing national implementation and monitoring structures and their functions at national level is unprecedented in a human rights treaty, with the partial exception of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which requires ratifying States to set up a national preventive mechanism.9 16. In the Convention, the implementation and monitoring functions are conceptually separated and the responsibility is assigned to distinct entities. 17. Article 33, paragraph 1, emphasizes domestic implementation, placing responsibility with governments. To avoid blurring of responsibility across government or uncoordinated action, the Convention requires States to designate one or more focal points with responsibility for the implementation of the Convention within government and to consider the establishment of a coordination mechanism. 18. Article 33, paragraph 2, on the other hand, requires States parties to have or put in place a framework to protect, promote and monitor the implementation of the Convention. The notion of independence is central to the framework, which must include an independent entity established and functioning on the basis of the principles relating to the status and functioning of national institutions for the promotion and protection of human rights (the Paris Principles).10 19. Article 33, paragraph 3 requires that civil society and in particular persons with disabilities and their respective organizations shall be involved and participate fully in the 8 9 10 GE.09-17748 Through the individual communications procedure, the Committee is mandated to receive communications (complaints) from an individual or a group of individuals alleging a violation of the Convention. Through the inquiry procedure, the Committee is mandated to investigate allegations of gross or systematic violations of the Convention. For further information on the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, visit the OHCHR webpage at http://www2.ohchr.org/english/bodies/cat/opcat/index.htm. Available at http://www2.ohchr.org/english/law/parisprinciples.htm. 5

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