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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