In its resolution 56/168 of 19 December 2001, the United Nations General Assembly established an Ad Hoc Committee to negotiate for a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities. The first meeting was 29 July to 9 August 2002 and drafting of the text began in May 2004. The CRPD, and was agreed to in August 2006. Delegates to the Committee represented NGOs, Governments, national human rights institutes and international organisations. It was the first time that NGOs had actively participated in the formulation of a human rights instrument.
Australia was heavily involved throughout the CRPD negotiation process, through both government representation and civil society involvement.
Representative involvement
The Ad Hoc Committee held eight sessions between 2002 and 2008. At each session, Australian representatives provided discussion and direction to the gradual formation of the draft text.
For example, Australia was a member of the Ad Hoc Committee's first session in July/August 2002, represented by Dr Sev Ozdowski, the Disability Discrimination Commissioner from the former Australian Human Rights and Equal Opportunities Commission. An Australian expert, Mr Andrew Byrnes, was involved in presenting briefings on the typology of international conventions and options for the CRPD at the second session held from 16 to 27 June 2003.
At the sixth session of the Ad Hoc Committee held from 1 to 12 August 2005, the Australian representative, Ms Rosemary Kayess, acted as the facilitator for discussion on article 17 of the CRPD relating to education.
Australia maintained consistent representation through to the eighth and final session of the Ad Hoc Committee held from 14 to 25 August 2006, where it was represented by seven delegates.
Civil society involvement
In accordance with General Assembly resolution 56/510, the National Association of Community Legal Centres was accredited to the Ad Hoc Committee by reason that the Association enjoyed consultative status with the Economic and Social Council. At the Ad Hoc Committee's second session, the Committee also granted accreditation to the Ad Hoc Committee to additional Australian organisations: Disability Australia Ltd and People with Disability Australia Incorporated. At its fourth session from 23 August to 3 September 2004, the Ad Hoc Committee additionally accredited the Australian Federation of Disability Organization.
Prior to involvement at the Ad Hoc Committee sessions, People with Disability Australia Incorporated, the Australian Federation of Disability Organisation, the National Association of Community Legal Centres and state/territory cross-disability organisations conducted consultations around Australia with people with disability and their organisations as to what should be incorporated into the CRPD. From these consultations, a report was produced forming part of the brief for the Australian delegation to the Ad Hoc Committee on the CRPD.
During the public meetings of the Ad Hoc Committee, the Australian civil society organisations provided proposals for the draft CRPD and participated in the negotiating process, thus forming an important part of the Ad Hoc Committee. As well as making representations during discussions on various articles, the organisations were involved in the drafting of the CRPD. A member from Disability Australia Limited, Ms Anuradha Mohit, was a member of the Working Group on a Convention, which met from 5 to 16 January 2004 to draft the text of the CRPD.