If the state has signed, or ratified, the Convention, has it designated ‘focal points’ within government to address matters relating to the Convention’s implementation?

Explanation

For those states that have ratified the Convention, in line with Article 33, Paragraph 1, ‘State Parties’ need to designate one or more ‘focal points’ within government ‘for matters relating to the implementation’ of the Convention. In addition, in line with the other two paragraphs in this article, there need not only to be ‘independent mechanisms’ to ‘promote, protect and monitor’ its implementation, but also ‘civil society’ needs to be involved and participate ‘fully’ in the monitoring process. A ‘Yes’ means both that ‘focal points’ have been designated and meet regularly, and that civil society is involved and participates ‘fully’ in the process of monitoring the state’s implementation of the convention. A ‘Qualified/Partial’ response means that some, but not all, focal points may be in place, or that they do not meet regularly or have not met in the last 12 months. Or that they may exist, but that civil society may not yet be involved. A ‘No’ means that there are neither any focal points nor is there any involvement by civil society.

In detail

Summary

41% of respondents claimed that there are focal points, but civil society does not participate fully in monitoring the state’s implementation of the convention. Respondents highlighted the following concerns:

  • Lack of activity monitoring or biased governmentally monitoring
  • Lack of transparency and engagement with communities on Action Strategies’ development or implementation in consultation with PWDs communities
  • Segregated strategies for the design of focal points, or regional disparities
  • Lack of mechanisms and strategies for implementation
Comments

“Government has 42 focal points in their ministries for people with disabilities since 2008. But these focal points are less functional and the DPOs can hardly reach to them. Even there is no strong roll to gather information or observation of their activities. Recently Prime Minister has declared Department of Disability Development but it is yet to start working.” (Salma Mahbub- Protibonhi Nagarik Shangathaner Parishad (PNSP)- Bangladesh)

“The Government of Barbados has established a monitoring committee made up of representatives from academia and disability communities plus relevant Ministries, but no implementation committee has been established.” (Colbert Ashby, President, Barbados National Organisation Of The Disabled, Barbados)

“There is no defined mechanism of implementation and monitoring even if organisations have insisted for such an action” (translated- Mario Alberto Rivera Lizano, International liaison officer, Asamblea Legislativa de Costa Rica, Costa Rica)

CRPD Article

Article 33: National Implementation and monitoring

“1. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.

2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.

3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.”

(UN Convention on the Rights of Persons with Disabilities)