Disability Convention: briefing by Office of Status of Disabled Persons

Meeting report

Office of the Status of Disabled Persons (OSDP) briefing
Mr Benny Palime, Director: OSDP, presented details on the Disability Convention. The adoption of the member States of the United Nations reached agreement on the Disability Convention in August 2005 marked an important step in a process that had spanned five years. He apologised for not including the Joint Monitoring Committee (JMC) more throughout the process, but explained that this had not been possible due to the fast pace of proceedings. Mr Palime explained that as South Africa prepares to sign the Convention on 30 March 2007, it would be crucial that South Africa conform to the parameters of the Convention in terms of its articles. The articles of the Convention cover legal frameworks, policy issues, service delivery and developmental processes.

Mr Palime noted the historical significance of the Convention as it was the first human rights treaty of the twenty first century. The rights outlined in the Convention were based on the Universal Declaration of Human Rights and the International Covenants on Human Rights.  

Mr Palime expressed the OSDP’s concern over the Optional Protocol in the Convention. The Optional Protocol has three implications. First, the signatory countries will be monitored by the UN High Commission of Human Rights. Second, an ombudsperson must be appointed to monitor. And third, all signatory countries must establish local monitoring bodies. Due to the Protocol being “Optional” a signatory country may opt not to follow any of the three provisions. Mr Palime told the JMC that South Africa had approached other countries such as Kenya and Uganda to join South Africa in lobbying to have this “optional” clause changed.

Mr Palime told the JMC that there was a certified copy of the Convention that would be used as a working document as of Monday 26 March 2007. Deputy Minister of Foreign Affairs Aziz Pahad would sign the Convention at the UN headquarters on 30 March, and a press conference would be scheduled for 31 March.

Mr Palime then made some comments as regards the process of ratification. He made some requests to the JMC. He requested that the JMC and the OSDP reconvene once the OSDP delegation returns from New York. Mr Palime requested a full day’s work with the JMC Chairperson so that he could brief her on all aspects of the Convention.

Mr Palime asked that the JMC assist the OSDP with the process of ratifying the Convention. He emphasised that this was a matter of urgency, as the Convention should be ratified before the budget vote on the Office of the Presidency in which the Office on the Status of Disabled Persons was situated. Furthermore, Mr Palime asked that the Chairperson contact the Speaker of Parliament and then pursue the normal parliamentary procedures as stated in Section 231 of the Constitution.

Mr Palime asked that once the Convention was ratified that the Chairperson would send a letter to the Secretary General of the United Nations informing the Secretary that the Convention has been ratified by South African parliament.

Mr Palime explained that once the Convention is ratified by South African parliament, it would supersede all other disability legislation in South Africa. This would mean that all gaps in the existing disability laws would have to be addressed.

At this point Mr Palime briefly mentioned the debate that was underway regarding a proposed Disability Act for South Africa. He voiced his support for this proposal but noted the many points that need further enquiry before such a proposal could be accepted.

By way of concluding his briefing, Mr Palime again stressed the urgency regarding the ratification process as Minister Pahad would want to report back to Parliament for the Office's budget vote with concrete feedback regarding ratification. He stressed that ample parliamentary support was required so that once the Convention was tabled, it could pass through the necessary channels as quickly as possible.     
  

Discussion

The Chairperson thanked Mr Palime and asked him whether there was anything specific in the Convention that he wanted the JMC to be aware of.

Mr Palime responded by re-emphasising the OSPD’s dissatisfaction with the Optional Protocol. Furthermore, he wanted the JMC to be aware that once the Convention is ratified, South Africa would have to submit a report to the UN within the next two years. He also asked that the JMC keep in mind the question of the location of the Ombudsperson. Geneva and New York had been proposed as possible locations.

The Chairperson asked Mr Palime how the Convention would affect the Integrated National Disability Strategy (INDS).

Mr Palime responded that the INDS would be reviewed with the aim being to incorporate the content of the Convention into the INDS. He added that this review process would occur with all disability legislation in South Africa so that its legislation is in accordance with the Convention. The UN could investigate South Africa’s adherence to the Convention at any time so all legislation must be in order.

Mr Nzimande asked whether the OSDP had established a consultative process that would engage civil society groups within the disability sector on the content of the Convention. Mr Madella also emphasised the importance of ensuring full civil society participation.

Mr Palime responded that this would be addressed via workshops and other channels. He did not think that civil society groups within the disability sector would pose any resistance to the Convention. He added that sufficient consensus within civil society groups would be needed so that these groups would fully support the ratification of the Convention. 

Mr Nzimande enquired into the future of a Disability Act for South Africa. He noted that this had been suggested to accompany the Convention.

Mr Madella commented on the issue of the proposed Disability Act. He noted that it was a good idea but suggested caution so as not to hastily reinvent the wheel.

Mr Palime responded to the issue of the Disability Act by noting his position as an official and therefore his reluctance to make any comments regarding the proposed Act. He did state that this matter would also be taken to civil society groups within the disability sector and that sufficient consensus would also be required before any firm moves would be made.
           
Mr Madella voiced his concern over the implementation of the Convention. He asked that the JMC be given more information regarding the Convention so that implementation could be more effective. 

Mr Palime explained that a Committee of Experts would be in place and would need to move to the office of the ombudsperson. There would also be a Country Committee set up that would look specifically into the issue of implementation. This Committee would also assist the OSDP in reporting to the UN. This Committee would consist of representatives from government and institutions of higher learning and so on. This Committee would report directly to the UN.  The exact composition of this Committee would be decided in April. The OSDP was working on an implementation plan for the Convention. This plan would go to the social cluster of departments and then to the JMC before being officially adopted.     

Mr Nzimande asked who would oversee the enactment of the Convention and who would host it.

Mr Palime responded that he could not pronounce an opinion on this, however he noted that ideally the Convention should be located within the Department of Justice as it would form part of the equality framework.

Ms Weber suggested that other departments (such as education and transport) should also be educated about the content of the Convention as multi-departmental participation would be required.

In reply to the Chairperson asking if the Department of Foreign Affairs was still involved with the OSDP, Mr Palime confirmed that the Department had been working with the OSDP.

The Chairperson asked how the Convention would impact on the role of the Office of the UN Special Rapporteur on Disabilities.

Mr Palime responded that the Rapporteurs’ powers would be reduced with the establishment of the role of the Ombudsperson.

The Chairperson asked if Minister Pahad already had permission to sign the Convention on 30 March or if Parliament needed to vote on the matter before he could sign.

Mr Palime explained that the OSDP did need the JMC’s assistance in terms of ratification. Ratification has to be rubber stamped by the Speaker’s Office and the JMC.  After the Convention is ratified then the Convention can receive a President’s Minute.  

Mr Setona commented on the need for South Africa to locate issues of disability within the wider framework of equality. He expressed his reluctance to hastily adopt the Convention without first consulting with all relevant stakeholders and exploring how the Convention would relate to current disability legislation. 

Mr Setona stated that these and other issues need to be dealt with before the question of a Disability Act could be discussed. 

The Chairperson asked how the Convention would impact financially on the OSDP.

The Chairperson emphasised that the JMC have two months to draw up a ratification document so that it is in place before the budget vote on the Office of the Presidency.

The Chairperson stated that more discussion was in order so that the proposed monitoring role of the JMC over the Convention could be established. The OSDP must provide thorough explanation of the Convention and the gaps in existing disability laws. The JMC would also embark on consultative processes with the disability sector. 

The meeting was adjourned.