A brief history of the Convention and New Zealand's involvement
Key milestones in the period 2000 to 2008 in the development of the Convention on the Rights of Persons with Disabilities and New Zealand's involvement with the negotiations.
The need for a new convention - 2000 to 2002
For several years, disability related non-government organisations and UN members have discussed the possibility of a convention specific to disabled people. Early initiatives for this were rejected on the grounds that existing human rights instruments provided sufficient protection. However, support for a specific convention steadily increased, due in particular to the international disability movement’s concern at the lack of effectiveness of the current non-binding instruments.
April 2000: the UN Commission on Human Rights, in its resolution 2000/51 invited the UN High Commissioner for Human Rights to examine measures to strengthen the protection and monitoring of the human rights of persons with disabilities.
November 2001: the Mexican President made a speech to the UN General Assembly introducing the idea of a convention. He said: “It would be impossible to make this world more just if we allow the exclusion of the most vulnerable groups.”
December 2001: the General Assembly, in its resolution 56/168, established an Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities (the Ad Hoc Committee), "to consider proposals for a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities, based on the holistic approach in the work done in the fields of social development, human rights and non-discrimination and taking into account the recommendations of the Commission on Human Rights and the Commission for Social Development."
January 2002: the Quinn-Degener report, Human Rights and Disability: the current use and future potential of United Nations human rights instruments in the context of disability, was presented to the UN High Commissioner on Human Rights. It was commissioned to review international human rights treaties, standards, and mechanisms in the context of disability. The report recommended strengthening current mechanisms and developing a separate convention on the rights of disabled people, with the goal of making disability issues within human rights more visible, help shape human rights norms to meet the particular circumstances of disabled people, and to make obligations and requirements clearer for all stakeholders.
June 2002: meeting of an Experts Committee in Mexico City convened to consider a detailed draft convention prepared by the Mexican government.
Negotiation process - 2002 to 2006
Read some common questions about the Convention - Common Questions
July-August 2002: the Ad Hoc Committee held its first meeting, which focused on the structure of the proposed convention and processes for its development. The meeting focused on underlying principles and approaches. A majority of those attending preferred a human-rights based convention, but views differed on how detailed this should be and whether the convention should build on existing documents such as the Standard Rules.
Representatives of some nation states initially questioned the need for a specific convention. However, representatives from non-government organisations unanimously argued that existing instruments had not protected disabled people from human rights abuses. Discussion at the meeting emphasised the need for effective monitoring for existing instruments and the proposed convention. It was agreed that monitoring should:
- include feedback from non-government organisations and disabled people, as well as from governments
- ensure consideration of disabled people who are at risk of being overlooked, in particular, those who are in institutions or who face multiple discrimination
- obtain information from states without placing undue burdens on them (for example, in the level of resourcing required for report-backs, or in feedback deadlines).
The meeting concluded with a resolution to proceed with developing a convention. The Committee’s report included recommendations for the UN General Assembly to:
- consider a new convention in parallel with efforts to ensure a disability perspective is included in monitoring of the six core UN human rights conventions, and in refining of the UN Standard Rules
- request that the Secretary-General seeks views about the elements of a new convention in relation to best practice, monitoring, and its relationship with existing instruments
- encourage active involvement of non-government organisations in the Ad Hoc Committee by creating a voluntary fund to finance their participation, and through improved access to relevant facilities and documentation for disabled people.
December 2002: the Third Committee of the General Assembly agreed to the Ad Hoc Committee recommendations and adopted a resolution on future work. They agreed to hold a second session of the Ad Hoc Committee in 2003 at the UN in New York.
May 2003: The government formally agreed to participate in the Convention negotiations. Read the Cabinet paper: Development of the United Nations Proposed Convention on the Rights of Disabled People: New Zealand’s Role. Word - 175kb. Also read the media release from the Minister for Disability Issues: Government supports UN disability convention. Word - 30kb
June 2003: the Ad Hoc Committee held its second meeting, attended by a New Zealand delegation led by senior officials from the Office for Disability Issues and the Ministry of Foreign Affairs and Trade. It also included two disabled civil society representatives and one support person, funded by the Ministry of Social Development, and a Human Rights Commissioner. Two other New Zealanders also attended the committee as representatives of the non-government organisation Inclusion International. The New Zealand delegation delivered six statements outlining ideas for the content of a convention based on experience with the New Zealand Disability Strategy and advocating for an approach that draws upon the mandatory authority of the human rights covenants. New Zealand also promoted a proposal, which was adopted by the Ad Hoc Committee in its report, to establish a working group that would
- comprise 27 State representatives including five from the ‘Western European and Others Group’ of which New Zealand is a member, 12 non-government representatives selected by those organisations, and one from Human Rights Institutions
- meet for 10 working days in New York early 2004
- prepare and present a draft text for negotiation at least three months before the (proposed) third session of the Ad Hoc Committee.
July 2003: Media release from the Minister for Disability Issues: NZ delegation promotes UN disability convention. Word - 31kb
September 2003: The Government considered progress with the negotiations, and the future participation of non-government disability sector organisations. Read the Cabinet paper: Negotiations on a Convention on the Rights of Disabled People (SDC (03) 139). Word - 99kb
November 2003: The government made a written submission to the Convention Working Group. Read the submission: New Zealand’s view of a Convention on the Rights of Disabled People. Word - 188kb
December 2003: New Zealand was granted a place on the Working Group set-up to develop a draft convention text for use by the Ad Hoc Committee, represented by Jan Scown, Director, Office for Disability Issues. New Zealander Robert Martin was also involved as a representative of Inclusion International.
January 2004: a Working Group comprised of members from States, non-government organisations and human rights institutions, met for two weeks (from 5th to 16th) in New York, to develop a draft text of the international convention on the rights of disabled people. This Working Group was chaired by the New Zealand Permanent Representative to the United Nations, and included Jan Scown, Director, Office for Disability Issues, as the New Zealand delegate. New Zealander Robert Martin was also involved as a representative of Inclusion International.
May/June 2004: the third UN Ad Hoc Committee meeting of Member States to negotiate an international convention on the rights of disabled people was held in New York on 24 May to 4 June 2004.
NZ continued its active involvement in the development of the convention by again attending the meeting. Its official delegation included both government and non-government members working in partnership and full participation at the UN. This follows successful practice and experiences at the second Ad Hoc Committee meeting in 2003. The NZ official delegation comprised the following representatives:
- Director of the Office for Disability Issues, Jan Scown (delegation leader)
- Officials of the Ministry of Foreign Affairs and Trade Human Rights Division and staff of the New Zealand Permanent Mission to the UN in New York
- President of DPA, Mike Gourley
- CEO of DPA, Gary Williams
- Analyst from DPA, Wendi Wicks
- Mental Health Commissioner, Mary O’Hagan
- Chair of the national consumer advisory group to the Like Minds Like Mine project, Chris Hansen
- Human Rights Commissioner, Robyn Hunt.
To assist the NZ delegation participate in the negotiations, the following general negotiating principles were endorsed by the Minister for Disability Issues and the Minister of Foreign Affairs and Trade:
- promote partnerships between government and non-government organisations in national and international negotiations related to disability issues
- promote outcomes which are consistent with directions and aspirations outlined in the New Zealand Disability Strategy, NZ legislation and in international human rights instruments to which NZ is already a Party
- facilitate agreement between countries to a Convention text.
To inform the NZ delegation in advance of the Ad Hoc Committee meeting and as a background resource during the discussions, the Office for Disability Issues and the Ministry of Foreign Affairs and Trade consulted with key government agencies on the draft convention text as developed by the UN Working Group in January 2004. Feedback from this consultation was used to develop NZ’s general negotiating principles and an article by article analysis.
DPA managed consultations with the disability sector, with assistance from the Office for Disability Issues and the Ministry of Foreign Affairs and Trade. Feedback received from the disability sector was generally positive about the principles and the form of the draft convention. Some feedback indicated that the inclusion of a monitoring mechanism is essential for the convention’s implementation.
August 2004: From 23 August to 3 September 2004, negotiations on a new convention for the rights of disabled people continued at meetings in New York. New Zealand was again represented by a delegation of government representatives: Jan Scown (Director, Office for Disability Issues), Tessa Thompson (Senior Analyst, Office for Disability Issues), staff of the Ministry of Foreign Affairs and Trade Human Rights Division and staff of the New Zealand Permanent Mission to the United Nations in New York; and non-government representative Gary Williams (Chief Executive, DPA).
Overall, the negotiations reflected a high level of agreement by member states on the thrust of the draft convention, which was based on an initial text produced in January 2004 by a working group including New Zealand representatives.
New Zealand has had a prominent leadership role in the negotiations so far. This is reinforced by other nations calling for New Zealand to continue to take this leadership and co-ordination role during further informal deliberations.
January 2005: from 24 January to 4 February 2005, negotiations resumed amongst countries at the United Nations in New York on the proposed convention text. New Zealand continued its leading role through the presence of Jan Scown and Tessa Thompson (Office for Disability Issues), Chris Hansen (Chair of the Like Minds Like Mine national consumer advisory group), Robyn Hunt (Human Rights Commission), working in partnership with the Ministry of Foreign Affairs and Trade Human Rights Division and staff of the New Zealand Permanent Mission to the United Nations in New York.
April 2005: The New Zealand ambassador to the United Nations, Don Mackay, was appointed as chair of the Ad Hoc Committee that is responsible for progressing work on the proposed convention. Read the Ministers' media release: NZer to chair UN disabilities committee
August 2005: from 1 to 12 August 2005, negotiations continued at the United Nations in New York on the proposed convention text. New Zealand took up the role as chair of the Ad Hoc Committee leading the discussions, through the appointment of Don Mackay, former New Zealand permanent representative to the United Nations. The New Zealand government official delegation included: Jan Scown and Tessa Thompson (Office for Disability Issues), Ruth Harrison (Mental Health Commission), Robyn Hunt (Human Rights Commission), Mike Gourley and Gary Williams (DPA), working in partnership with the Ministry of Foreign Affairs and Trade Human Rights Division and staff of the New Zealand Permanent Mission to the United Nations in New York.
January 2006: from 16 January to 3 February 2006, the United Nations committee that is developing the convention completed a full reading of the draft text. New Zealand was represented by a delegation including officials from the Office for Disability Issues and the Ministry of Foreign Affairs and Trade, Gary Williams (DPA) and Chris Hanson (mental health consumer representative). The delegation’s goal was to try and strengthen the existing text, informed by consultation with disabled New Zealanders and the New Zealand Disability Strategy. The committee successfully narrowed down unresolved issues to a few difficult articles, including those dealing with legal capacity (for disabled people to make their own decisions) and forced medical treatments. These issues have been referred to the next committee meeting in August 2006.
On 3 February 2006, the committee chair challenged States to return to New York in August with flexible instructions so that final compromises can be reached on those issues. If good progress can be made at that meeting, and some work on how to monitor the convention is finished before then, the committee may be able to conclude its work. If so, the convention could then be adopted at this year’s session of the full General Assembly of the United Nations.
August 2006: from 14 to 25 August 2006, the United Nations committee developing the convention met to conclude negotiations on the text of the proposed convention. New Zealand was represented by officials from the Office for Disability Issues and the Ministry of Foreign Affairs and Trade, Mike Gourley and Gary Williams from DPA, Chris Hanson (mental health consumer representative), and the Human Rights Commission.
13 December 2006: the United Nations General Assembly adopted the Convention on the Rights of Persons with Disabilities.
Signing the Convention - March 2007
30 March 2007: New Zealand was one of 81 nations that signed the Convention on the Rights of Persons with Disabilities. This was an historic moment for several reasons:
- this convention was negotiated in record time over the last four years, which is the fastest for any international human rights instrument to date
- it was the first human rights instrument of the 21st century
- disabled people and their representative organisations were directly involved in the convention negotiations, including as part of official delegations. This was a first for the United Nations
- it was the largest number of nations signing a convention on the opening day.
New Zealand was represented at the United Nations in New York by the Minister for Disability Issues, Hon Ruth Dyson. The Minister was one of the few speakers at the main event of the day - the signing ceremony in the United Nations General Assembly.
Don Mackay (New Zealand Ambassador to the United Nations in Geneva) chaired the afternoon discussions which had the theme "From vision to Action - The Road to Implementation".
The Convention marks a shift in thinking about disabled people. Nations that sign up to the Convention are obliged to ensure disabled people experience human rights and opportunities on the same basis as other people.
It takes 20 nations to ratify the Convention before it comes into force. The next step is for New Zealand to ratify the Convention. Government will be working on the necessary steps needed to ensure this can be done as soon as possible.
You can access further information on the Convention and the signing ceremony:
Ratifying the Convention - April 2007 to September 2008
New Zealand has a high standard to be met before the government will ratify a treaty. Following signing the Convention, government agencies were required to assess the legislation they administer and policy to check its consistency with the Convention. Disability sector organisations were also involved in the checking process.
This consistency review found that policy was generally in line with the Convention. Some legislation was identified that needed to be amended. These were mostly older enactments that had not been revised for some time, and carried over outdated concepts of disabled people. A bill was drafted to changes these inconsistent provisions.
May 2007: An information factsheet about the Convention and implications for New Zealand. Read the factsheet
3 September 2008: Parliament passed the Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill. It amended various legislation to ensure consistency with the Convention. The amendments removed outdated references to disabled people and made explicit certain obligations in the Human Rights Act regarding accommodating the needs of disabled people.
26 September 2008: New Zealand deposited its instrument of ratification at the United Nations in New York. The Convention comes into force for New Zealand 30 days later.
More information on the Parliamentary process:
More information on ratification:
Celebration of ratifying the Convention
24 September 2008: the Minister for Disability Issues hosted an event at Parliament to celebrate the imminent ratification of the Convention. It was attended by a mixture of government and disability sector representatives. There were seven speakers, who talked about their involvement with the Convention and/or looking forward to its impact on disabled people. Mike Gourley, President of DPA, chaired the event.