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United Nations 1948 Convention on the Prevention and Punishment of the Crime of Genocide

2024-01-16 …

[ Approved and proposed for signature, and ratification or accession, by U.N. General Assembly Resolution 260 A (III) of 9 December 1948.  Entry into force: 12 January 1951, in accordance with article XIII. ]

The Contracting Parties,

Having considered the declaration made by the General Assembly of the United Nations in its Resolution 96 (I), dated 11 December 1946, that Genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world,

Recognizing that at all periods of history, Genocide has inflicted great losses on humanity,  and

Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,

Hereby agree as hereinafter provided:

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Article I

The Contracting Parties confirm that Genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

Article II

In the present Convention, Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group ;

(b) Causing serious bodily or mental harm to members of the group ;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part ;

(d) Imposing measures intended to prevent births within the group ;

(e) Forcibly transferring children of the group to another group.

Article III

The following acts shall be punishable:

(a) Genocide ;

(b) Conspiracy to commit Genocide ;

(c) Direct and public incitement to commit Genocide ;

(d) Attempt to commit Genocide ;

(e) Complicity in Genocide.

Article IV

Persons committing Genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

Article V

The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of Genocide or any of the other acts enumerated in article III.

Article VI

Persons charged with Genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

Article VII

Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.

The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.

Article VIII

Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of Genocide or any of the other acts enumerated in article III.

Article IX

Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for Genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

Article X

The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.

Article XI

The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly.

The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid.

Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article XII

Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.

Article XIII

On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a procès-verbal, and transmit a copy thereof to each Member of the United Nations and to each of the non-member States contemplated in article XI.

The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession.

Any ratification or accession effected subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.

Article XIV

The present Convention shall remain in effect for a period of ten years as from the date of its coming into force.

It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.

Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.

Article XV

If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.

Article XVI

A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.

The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.

Article XVII

The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in article XI of the following:

(a) Signatures, ratifications and accessions received in accordance with article XI ;

(b) Notifications received in accordance with article XII ;

(c) The date upon which the present Convention comes into force in accordance with article XIII ;

(d) Denunciations received in accordance with article XIV ;

(e) The abrogation of the Convention in accordance with article XV ;

(f) Notifications received in accordance with article XVI.

Article XVIII

The original of the present Convention shall be deposited in the archives of the United Nations.

A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article XI.

Article XIX

The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.

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Forensic Architecture | Restituting Evidence: 1904-1908 Genocide & Reparations in German Colonial Namibiahttps://forensic-architecture.org/investigation/restituting-evidence-genocide-and-reparations-in-german-colonial-namibia-phase-1

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Forensic Architecture | Living Archaeology in the Israeli Occupied Gaza Ghetto, with 2023 Updatehttps://forensic-architecture.org/investigation/living-archaeology-in-gaza/#updates

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Rigorous Implementation Of Environmental Law – A Priority !

2019-03-17:  Saint Patrick’s Day …

The United Nations Environment Programme (UNEP – https://www.unenvironment.org/) has recently published the First Global Report on Environmental Rule of Law … which finds weak enforcement to be a global trend that is exacerbating environmental threats, despite the prolific growth in environmental laws and agencies worldwide over the last four decades.

The answer, of course, is rigorous implementation of environmental law … most particularly in those developed countries which have amassed their riches, over past centuries, from the plunder of natural, human and cultural resources in Central & South America, Africa and Asia.

UNEP: ‘Environmental Rule of Law – First Global Report’ (2019)

Download The Full UNEP Report Here … https://www.unenvironment.org/resources/assessment/environmental-rule-law-first-global-report   (PDF File, 30.76 MB)

Executive Summary

If human society is to stay within the bounds of critical ecological thresholds, it is imperative that environmental laws are widely understood, respected, and enforced … and the benefits of environmental protection are enjoyed by people and the planet.  Environmental rule of law offers a framework for addressing the gap between environmental laws on the books and in practice, and is key to achieving the U.N. Sustainable Development Goals.

Environmental laws have grown dramatically over the last three decades, as countries have come to understand the vital linkages between environment, economic growth, public health, social cohesion, and security.  As of 2017, 176 countries have environmental framework laws; 150 countries have enshrined environmental protection or the right to a healthy environment in their constitutions; and 164 countries have created cabinet-level bodies responsible for environmental protection.  These and other environmental laws, rights, and institutions have helped to slow – and in some cases to reverse – environmental degradation and to achieve the public health, economic, social, and human rights benefits which accompany environmental protection.

The 1972 United Nations Conference on the Human Environment brought the global environment into the public consciousness, leading to the establishment of the United Nations Environment Programme.  Following the 1992 United Nations Conference on Environment and Development (known as the Rio Earth Summit), many countries made a concerted effort to enact environmental laws, establish environment ministries and agencies, and enshrine environmental rights and protections in their national constitutions.  By the 2012 United Nations Conference on Sustainable Development, the focus had shifted to implementation of environmental laws, which is where progress has waned.

Too often, implementation and enforcement of environmental laws and regulations falls far short of what is required to address environmental challenges.  Laws sometimes lack clear standards or necessary mandates.  Others are not tailored to national and local contexts and so fail to address the conditions on the ground.  Implementing ministries are often underfunded and politically weak in comparison to ministries responsible for economic or natural resource development.  And while many countries are endeavouring to strengthen implementation of environmental law, a backlash has also occurred as environmental defenders are killed and funding for civil society restricted.  These shortfalls are by no means limited to developing nations: reviews of developed nations have found their performance on environmental issues lacking in certain respects.  In short, environmental rule of law is a challenge for all countries.  This Report discusses the range of measures that countries are adopting to address this implementation gap – and to ensure that rule of law is effective in the environmental sphere.

As the first assessment of the global environmental rule of law, this Report draws on experiences, challenges, viewpoints, and successes of diverse countries around the world, highlighting global trends as well as opportunities for countries and partners to strengthen the environmental rule of law.

The Report highlights the need to undertake a regular global assessment of the state of environmental rule of law.  To track progress nationally and globally, it is necessary to utilize a set of consistent indicators.  The Report proposes an indicator framework for environmental rule of law and highlights existing datasets that may be utilized in support of the global assessment.

The Report also calls for a concerted effort to support countries in pilot testing approaches to strengthen environmental rule of law.  Such an initiative could support testing of approaches in diverse contexts, and then adapting them before scaling them up.  It should also foster exchange of experiences between jurisdictions to foster learning.

In addition to these two cross-cutting recommendations, the Report highlights numerous actionable steps that States can take to support environmental rule of law.  For example, States can evaluate the current mandates and structure of environmental institutions to identify regulatory overlap or underlap.  States and partners can build the capacity of the public to engage thoughtfully and meaningfully with government and project proponents.  They can prioritize protection of environmental defenders and whistle-blowers.  States may consider the creation of specialized environmental courts and tribunals, and use administrative enforcement processes to handle minor offences.  And there is an ongoing need to research which approaches are effective under what circumstances.

The benefits of environmental rule of law extend far beyond the environmental sector.  While the most direct effects are in protection of the environment, it also strengthens rule of law more broadly, supports sustainable economic and social development, protects public health, contributes to peace and security by avoiding and defusing conflict, and protects human and constitutional rights.  As such, it is a growing priority for all countries.

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2012 Doha Shopping Mall Fire – 5 Jail Sentences for Negligence !

2013-07-19:  Once upon a time, back in 1979, when I was flying to Sydney, Australia … one of the scheduled stops on the route was Bahrain and the New International Airport Terminal there.  In spite of the flashy and expensive building, I noticed how obsolete looking (and functioning) were the fittings in the toilet area.  Could it possibly be, I wondered, that the Arab Gulf Region was being supplied with shoddy, second rate construction products from you-know-where ??

Fast forward to a few years ago … in Riyadh, Saudi Arabia … and I encountered one building – the same building – where one half had a 110 Volt electrical supply, and the other half had a 220 Volt supply.  Amazing !?!   Two different consultants, or contractors, or whatever … one from North America, and the other from Europe … with the Saudis in the middle, having to tolerate this nonsense !!

'Villaggio' Shopping Mall Fire (Doha City in Qatar) - 28 May 2012
Photograph taken by Brian Candy. 2012-05-28. Click to enlarge.

DOHA City Fire – Monday, 28 May 2012 …

I distinctly remember that some Irish people who had actually witnessed the Fatal Fire Incident at the ‘Villaggio’ Shopping Mall (www.villaggioqatar.com), in Doha (capital city of Qatar) … were afterwards talking to Mr. Joe Duffy, on the lunchtime ‘Liveline’ Programme (Ireland’s RTE Radio 1 Station).

19 People were killed on that Monday morning in Doha … 13 Children, 4 Teachers, and 2 Firefighters.  Many more were injured from inhaling toxic smoke.

According to various news reports … an electrical fire, caused by a light fitting (which was not ‘fit for its intended use’) in a Nike Shop, engulfed a section of the shopping centre … spreading to the Gympanzee Drop-and-Shop Childcare Centre on the first floor.

The staircase leading to the Childcare Centre collapsed … trapping victims inside.  One of their fire exits led directly to the seat of the fire, while the other fire exit was locked from the outside.

In addition, the ‘Villaggio’ – a luxury mock-Italian shopping centre (one of the most popular in the country !) where customers could ride around Venetian-style Canals, in Venetian-style Gondolas – was later found to be in breach of legislation because Essential Fire Safety Measures were either inadequate or missing, at the time of the fire: the fire sprinkler system was not working properly; inflammable paint and decorative mouldings were used in the construction; the building did not have effective fire evacuation procedures in place; the building was not equipped with proper fire-fighting equipment; and the fire alarm wasn’t loud enough.

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A Qatari Court – Thursday, 20 June 2013 …

The recent outcome from this Qatari Court Case has been nagging at me ever since I saw the news on Al Jazeera (English) … www.aljazeera.com

Only Some of the People having Control / Responsibility were convicted for the Negligence which resulted in the 19 Deaths, and many injuries, at the 2012 ‘Villaggio’ Fatal Fire Incident.

Four people received six-year jail terms, while the fifth received a five-year term.  All five are currently out on appeal, and will remain out of custody until the appeals process is completed.

Those convicted include Two Co-Owners of the Childcare Centre, and Members of the Mall’s Management Team.  Sheikh Ali Bin Jassim Al Thani, one of the co-owners, is also currently Qatar’s Ambassador to Belgium … while Iman Al-Kuwari, the other co-owner, is the daughter of Qatar’s Culture Minister.

Two other defendants, including the Mall’s Assistant Manager and Head of Security, were cleared of all charges.

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Other People having Control / Responsibility were also Careless, Incompetent, and Negligent …

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U.N. Disability Rights Convention – World Map of States Parties

2013-03-14:   The United Nations Convention on the Rights of Persons with Disabilities (CRPD) was adopted on 13 December 2006 at the U.N. Headquarters Building in New York.  The Convention was opened for signature on 30 March 2007, when there were 82 Signatories to the Convention, 44 Signatories to its Optional Protocol, and 1 Ratification.  Historically, this is the highest number of signatories to a U.N. Convention on its opening day.  It is the first comprehensive Human Rights Treaty of the 21st Century.  It is also the first Human Rights Convention to be open for signature by regional integration organizations, e.g. the European Union (EU).  The Convention entered into force, as an International Legal Instrument, on 3 May 2008.

According to the United Nations … this Convention is intended as a Human Rights Instrument with an explicit social development dimension.  It adopts a broad categorization of persons with disabilities, and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms.  It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas where adaptations have to be made for persons with disabilities to effectively exercise their rights and areas where their rights have been violated, and where protection of rights must be reinforced.

I say … that most of the rights specified in this Convention are already contained in other long-established International Human Rights Instruments, e.g. rights to shelter, free movement, education, employment, voting, etc.  The critical issue for people with activity limitations has always been, and remains to this day … Lack of Accessibility … which prevents them from effectively and independently exercising their basic rights and fundamental freedoms as individual human beings.

Substantively … this is a United Nations Accessibility for All Rights Convention.

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The World Map below illustrates the situation, in October 2012, with regard to the very large numbers of States Parties to the U.N. Convention on the Rights of Persons with Disabilities (CRPD)

  • 154 Signatories to the Convention ;
  • 90 Signatories to the Optional Protocol ;
  • 124 Ratifications and Accessions to the Convention ;
  • 74 Ratifications and Accessions to the Optional Protocol.

Using the Map, it is simple to identify those ‘other’ countries (nudge-nudge-wink-wink) …

U.N. Disability Rights Convention Map - World Ratifications (October 2012)
Image size 2.64 MB – Click to enlarge.

Since October 2012 …

  • Singapore signed the Convention on 30 November 2012
  • Cambodia ratified the Convention on 20 December 2012
  • Albania ratified the Convention on 11 February 2013
  • Barbados ratified the Convention on 27 February 2013

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HOWEVER … far too many individuals and organizations seem to be content to just settle back and end this good news story at Ratification.  They fail to understand that this is only the beginning !

The real challenge ahead will be to ensure that the Convention is Properly Implemented.

The Target before every State Party is … Effective Accessibility for All !!

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Sustainable Design International Ltd. – Our Practice Philosophy

2012-10-25:   The Practice Philosophy of Sustainable Design International Ltd. is an issue which has occupied my mind greatly during this past summer … as I asked myself some difficult questions …

What has really been happening to our planet since 1992 … and earlier, since 1972 ?

Where is SDI now ?

Are we on the same track … the right track ?

Where are we going in the short to medium-term future ?

Architecture … is practice as a separate design disciple now obsolete ?

Fire Engineering … can it be dragged, screaming, from the proverbial ‘caves’ … and transformed to respond creatively to the safety and security requirements of a complex built environment ?

Sustainability … what impact does this intricate, open, dynamic and still evolving concept have … should it have … on the provision of conventional Architectural and Fire Engineering Services ?

‘Green’ … is this marketing ploy helpful … or an annoying obstacle … to effective implementation of Sustainable Development ?

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WBCSD's Vision 2050 Poster (2010)World Business Council for Sustainable Development (WBCSD)

Vision 2050: ‘The New Agenda for Business’ (2010)

Click the Link Above to read and/or download a PDF File (3.73 Mb)

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Colour image showing the Tile Page of 'Keeping Track of Our Changing Environment: From Rio to Rio+20 (1992-2012)' ... published in 2011 by the Division of Early Warning and Assessment (DEWA), United Nations Environment Programme (UNEP), Nairobi. Click to enlarge.
Colour image showing the Tile Page of ‘Keeping Track of Our Changing Environment: From Rio to Rio+20 (1992-2012)’ … published in 2011 by the Division of Early Warning and Assessment (DEWA), United Nations Environment Programme (UNEP), Nairobi. Click to enlarge.

2011 – United Nations Environment Programme

Keeping Track of Our Changing Environment: From Rio to Rio+20 (1992-2012)

Click the Link Above to read and/or download a PDF File (4.83 Mb)

Extract from ‘Foreword’ …

This publication serves as a timely update on what has occurred since the Earth Summit of 1992 and is part of the wider Global Environment Outlook-5 (GEO-5) preparations that will lead to the release of the landmark GEO-5 report in May 2012.  It underlines how in just twenty years, the world has changed more than most of us could ever have imagined – geopolitically, economically, socially and environmentally.  Very few individuals outside academic and research communities envisaged the rapid pace of change or foresaw developments such as the phenomenal growth in information and communication technologies, ever-accelerating globalization, private sector investments across the world, and the rapid economic rise of a number of ‘developing’ countries.  Many rapid changes have also taken place in our environment, from the accumulating evidence of climate change and its very visible impacts on our planet, to biodiversity loss and species extinctions, further degradation of land surfaces and the deteriorating quality of oceans.  Certainly, there have been some improvements in the environmental realm, such as the significant reduction in ozone-depleting chemicals and the emergence of renewable energy sources, new investments into which totalled more than $200 thousand million in 2010.  But in too many areas, the environmental dials continue to head into the red.

Achim Steiner, United Nations Under-Secretary-General, and Executive Director, United Nations Environment Programme (UNEP), Nairobi.

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Sustainable Design International Ltd. – Ireland, Italy & Turkey

[ http://www.sustainable-design.ie/ ] 

SDI Practice Philosophy Explained (October 2012)

Click the Link Above to read and/or download a PDF File (670 Kb)

SDI  is a professional, trans-disciplinary and collaborative design, architectural, fire engineering, research, and consultancy practice … specialists in the theory and practical implementation of a Sustainable Human Environment (social – built – virtual – economic).

WE are committed to … the protection of society, the best interests of our clients, and ‘user’ welfare … not just cost-effective compliance with the Minimal Health & Safety Objectives in Legislation & Codes !

Sustainability … continues to fundamentally transform our Architectural, Fire Engineering & Consultancy Practice.

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2012 Sustainable Society Index - World View at a Glance
Colour image showing the Sustainable Society Index World View for 2012 … presenting the world average scores for 21 Sustainability Performance Indicators. The inner circle of the spider’s web represents a score of 1, meaning no sustainability at all, while the outer ring represents a perfect score of 10 or full sustainability. Click to enlarge.

Sustainable Society Foundation – The Netherlands

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Colour image showing the Tile Page of 'Measuring Progress: Environmental Goals & Gaps' ... published in 2012 by the Division of Early Warning and Assessment (DEWA), United Nations Environment Programme (UNEP), Nairobi. Click to enlarge.
Colour image showing the Tile Page of ‘Measuring Progress: Environmental Goals & Gaps’ … published in 2012 by the Division of Early Warning and Assessment (DEWA), United Nations Environment Programme (UNEP), Nairobi. Click to enlarge.

2012 – United Nations Environment Programme

Measuring Progress: Environmental Goals & Gaps

Click the Link Above to read and/or download a PDF File (4.72 Mb)

‘Foreword’ …

If we measured the world’s response to environmental challenges solely by the number of treaties and agreements that have been adopted, then the situation looks impressive.  Over 500 international environmental agreements have been concluded since 1972, the year of the Stockholm Conference and the establishment of the United Nations Environment Programme (UNEP).

These include landmark conventions on issues such as trade in endangered species, hazardous wastes, climate change, biological diversity and desertification.  Collectively, these reflect an extraordinary effort to install the policies, aims and desires of countries worldwide to achieve sustainable development.

Yet despite the impressive number of legal texts and many good intentions, real progress in solving the environmental challenges themselves has been much less comprehensive, a point clearly underlined in the Global Environment Outlook-5 (GEO-5), for which this report ‘Measuring Progress: Environmental Goals and Gaps’ and a previous publication ‘Keeping Track of Our Changing Environment: From Rio to Rio+20’ are companion products leading up to Rio+20.

This report outlines findings from a UNEP study that, with support from the Government of Switzerland, has catalogued and analyzed existing ‘Global Environmental Goals’ contained in the international agreements and conventions.  It asks the fundamental question as to why the aims and goals of these policy instruments have often fallen far short of their original ambition and intentions.  One possible reason is that many of the goals are simply not specific enough;  the few goals that are specific and measurable appear to have a much better record of success.

These include goals to phase out lead in gasoline, ozone-depleting substances (ODS) and certain persistent organic pollutants (POP’s), specific Millennium Development Goal targets calling to halve the number of people without access to safe drinking water and improved sanitation, and targets to increase the number and extent of protected areas.  Indeed, even when measurable targets have been set but not actually met, they have usually led to positive change and often to significant change.

The vast majority of goals, however, are found to be ‘aspirational’ in nature.  They lack specific targets, which generate obvious difficulties in measuring progress towards them.  In addition, many aspirational goals are not supported by adequate data that can be used to measure progress, global freshwater quality being one stark example.

It is clear that if agreements and conventions are to achieve their intended purpose, the international community needs to consider specific and measurable goals when designing such treaties, while organizing the required data gathering and putting in place proper tracking systems from the outset.

A set of Sustainable Development Goals, as proposed by the UN Secretary-General’s High-Level Panel on Sustainability, could be an excellent opportunity and starting point to improve this situation while representing another positive outcome from Rio+20, two decades after the Rio Earth Summit of 1992 and four decades after the Stockholm Conference.

Achim Steiner, United Nations Under-Secretary-General, and Executive Director, United Nations Environment Programme (UNEP), Nairobi.

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EU Ratification of UN Disability Convention – EFC Legal Study

2011-02-05:  Further to my post, dated 15 January 2011

Many people directly or indirectly involved with Disability-Related Issues in Europe … may not yet know that, a few weeks ago, the European Union ratified the 2006 United Nations Convention on the Rights of Persons with Disabilities (UN CRPD).  They may not even know that their own country, as a Member State of the European Union, had perhaps already ratified the UN Convention one or two years earlier.

At this time, the majority of Member States have proceeded, voluntarily, to ratify the Convention … with some of those, inexplicably, declining/refusing to ratify the Convention’s Optional Protocol.

Human & Social Rights can be a difficult subject area !

Ireland has not ratified the UN Convention … and, unfortunately, the attitude of many policy-makers and decision-makers within our Irish Institutions of State, large and small, is that it’s business as usual … no need to worry or fuss, or give a damn … until this country does actually sign on the Convention’s bottom line … an attitude which displays a magnificent ignorance of the changed reality, post Lisbon Treaty, which is the European Union’s Current Legal Environment !!

Please examine carefully, for yourselves, the findings of this Legal Study, recently approved for publication by the European Commission …

European Foundation Centre (EFC)

Brussels, October 2010

Study on Challenges and Good Practices in the Implementation of the UN Convention on the Rights of Persons with Disabilities

Click the Link Above to read and/or download PDF File (1.46 Mb)

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EU RATIFICATION OF THE UN CRPD – ASPECTS OF EU LAW

The following are selected extracts from the EFC Study … my selection (!) … to answer specific issues relating to UN CRPD Implementation within the European Union.  Typographical errors in the Study have also been corrected … and, post Lisbon Treaty, references to the EU Treaties have been properly updated …

The legal basis for the conclusion of the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) signals the appropriate legal basis for its implementation within the European Union (EU).  In this respect, and in line with Article 4 of the UN Convention, implementation implies that instruments may be adopted or modified by the Union in order to comply with the Convention and give effect to its provisions and principles.  Although the choice of the legal basis for the decision concluding an international agreement is very important, it is not decisive for implementation.  In European Court of Justice Case C-178/0345, which concerned the implementation of the Rotterdam Convention on International Trade in Hazardous Chemicals, the Court stated that ” the fact that one or more provisions of the Treaty have been chosen as legal bases for the approval of an international agreement is not sufficient to show that those same provisions must also be used as legal bases for the adoption of measures intended to implement that agreement at Community level “.   The latter statement means that EU Treaty provisions other than those mentioned in EU Council Decision 2010/48/EC to conclude the UN CRPD can be used as legal bases to implement UN CRPD obligations in specific fields.

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The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) is an international human rights agreement where both the European Union (EU) and its Member States are contracting parties.  The UN Convention is thus a Mixed Agreement.  Mixed Agreements involve a Shared Contractual Relationship between the EU, its Member States and one or more third countries and/or international organisations.  As a Mixed Agreement, the UN CRPD covers fields that fall in part within the competence of the EU, in part within that of the Member States and in part within the shared competence of the EU and its Member States.  It is therefore essential for the EU and the Member States to closely co-operate, in order to implement legislation stemming from the Convention in a coherent manner and ensure unity in the international representation of the Union.

EU Member States, when participating in Mixed Agreements, do not act as entirely autonomous subjects of international law; they are subject to a Duty of Loyal Co-Operation between one another and the EU.  This duty extends to each of the negotiation, conclusion and implementation phases.  In this sense, there is a collective management of the obligations under international law.  The duty of loyal co-operation, deriving from Article 4.3 of the Treaty on European Union (TEU), embraces two sets of obligations: first, Member States shall take appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the EC Treaty or resulting from action taken by the EU Institutions;  and second: Member States shall facilitate the achievement of the Union’s tasks and shall abstain from any measure which could jeopardise the attainment of the Union’s objectives … which are set out in Article 3 of the Treaty on European Union (TEU).

Treaty on European Union (TEU) – Consolidated Version, as Amended by the Treaty of Lisbon

Article 4.3

Pursuant to the principle of sincere mutual co-operation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.

The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.

The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives.

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In relation to EU Member States Compliance with a Mixed Agreement concluded by the EU … the European Court of Justice has inferred that for matters falling within EU competence … the Member States fulfil, within the EU system, an obligation in relation to the Union which has assumed responsibility for due performance of the agreement.  In other words, if a Member State fails to take all appropriate measures to implement provisions of the Mixed Agreement that fall within the competence of the EU … it not only fails to fulfil its international obligation, but is also acting in breach of EU Law.  The European Commission may thus bring an infringement case against a Member State that has not properly fulfilled its duty.  The principle underpinning such mechanisms is the ‘duty of loyal co-operation’, which provides the foundation for managing shared competence within Mixed Agreements.

The line dividing international responsibility for implementation of the International Mixed Agreement between the EU and its Member States depends on the obligations respectively assumed.  The UN CRPD contains a clause setting out ‘separate’ responsibility.  According to Article 44.1, Regional Integration Organisations acceding to the Convention shall declare, in their instruments of formal confirmation or accession, the extent of their competence.  This division of responsibility for implementation implies that the European Union only bears responsibility for the breach of those obligations it has assumed.

EU Council Decision 2010/48/EC on the conclusion of the UN CRPD refers to EU competence in respect of those matters governed by the UN CRPD, and lists EU Instruments which demonstrate such competence.

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STRUCTURE OF THE EFC REPORT

The main objective of the Study was to analyse the obligations set out in the UN CRPD and, in particular, to gather information about the various practices of the EU Member States and the European Union in implementing the UN CRPD.

The work was carried out by the European Foundation Centre (EFC), representing the European Consortium of Foundations on Human Rights and Disability … under Contract No. VC/2008/1214 … for the European Commissions Directorate-General for Employment, Social Affairs & Inclusion.

Section 1 of this Report sets the appropriate background for the analysis that will follow.

Section 2 of the Report provides an overview and general recommendations on the implementation of the social model of disability, and core obligations deriving from Article 1 and Preamble Paragraph (e) of the UN CRPD.

Section 3 of the Report provides an overview and general recommendations on the implementation of Article 3 (General Principles), Article 4 (General Obligations), Article 5 (Equality and Non-Discrimination), and Article 9 (Accessibility) of the UN CRPD.  The section also reviews UN CRPD articles on Inter-Sectionality, namely Articles 6 (Women with Disabilities) and Article 7 (Children with Disabilities).  It is worth noting that the articles addressed in this section are articles of general and crosscutting application, and therefore their application is relevant for the implementation of all articles of the Convention.

Section 4 of the Report provides an overview and general recommendations on the implementation of selected substantive provisions of the UN CRPD which apply existing civil, political, economic, social and cultural rights within the context of disability.  Specifically, the section considers the implementation of Articles 16 (Freedom from Exploitation, Violence and Abuse) and 17 (Protecting the Integrity of the Person), which are seeking to assert protections that underscore the humanity of all persons with disabilities.  The section also considers the implementation of Articles 12 (Equal Recognition before the Law) and 19 (Living Independently and Being Included in the Community), both of which aim at maintaining and safeguarding the autonomy of the person.  Furthermore, articles on specific accessibility rights, namely Article 13 (Access to Justice) and Article 29 (Participation in Political and Public Life), are likewise addressed.  Finally, the section considers the implementation of Articles 24 (Education) and 27 (Work and Employment).

Section 5 of the Report contains an overview and general recommendations on the implementation of articles which outline steps that are necessary to support reforms.  Specifically, the section considers the implementation of Article 31 (Statistics and Data Collection), Article 32 (International Co-Operation), and Article 33 (National Implementation and Monitoring).

Section 6 of the Report suggests good practices for the EU and national policy-makers for the future and overall implementation of the Convention, and the effective achievement of its objectives.

It is worth noting that, while it is hard to be definitive, given that the UN Committee on the Rights of Persons with Disabilities is still in its infancy and has yet to pronounce on the obligations of the UN CRPD … it is nevertheless possible on the basis of the general principles of the Convention and interpretative tools, such as the Vienna Convention on the Law of Treaties, to identify illustrative challenges to the implementation of the UN CRPD.  For the purposes of this Study, the review of EU and Member States policies and legal instruments is based on the analysis of the UN CRPD and checklists that were produced from this Study to measure progress.

Finally, for the purposes of the Study, a challenge is defined as a ‘difficulty’ posed by existing national or EU practice which may potentially hamper the full and effective implementation of the UN CRPD by the EU Member States and/or the European Union.  In order to meet such challenges, it will be necessary, inter alia, for the EU (as appropriate) and/or its Member States to review legislation and/or policy with a view to full compliance.  On the other hand, a practice is defined as good if it fulfils certain requirements of the Convention or mainstreams the general principles, consistent with Article 3 of the UN CRPD, and has an awareness-raising impact.

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EU Accessibility & Ratification of UN Disability Rights Convention

2011-01-15:  Recently, I was waiting … and waiting … for the first mention of this important news to pop up on any of the European Disability Networks … the Formal Ratification by the European Union (EU) of the 2006 United Nations Convention on the Rights of Persons with Disabilities … on 23 December 2010 last.

History in the making !!

This U.N. Convention was adopted on 13 December 2006 (2006-12-13), at the United Nations Headquarters in New York … and was opened for signature on 30 March 2007.  It entered into force, i.e. became an International Legal Instrument, on 3 May 2008 (2008-05-03).  A copy of the Convention can be downloaded, here, on this Site … in my post, dated 31 October 2009.

Finally, on Monday 10 January 2011 … via ICTA-Europe, EDeAN, and the EU Press Release below … it was announced …

EU Press Release IP/11/4 – Brussels, 5 January 2011

EU Ratifies UN Convention on Disability Rights

Click the Link Above to read and/or download PDF File (25kb)

So much for instant communication in our much-vaunted Information / Knowledge / Smart Society !!

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Ordinarily, this news would be nothing to get excited about.

BUT … since the Lisbon Treaty entered into force on 1 January 2009 … the European Union now has a legal personality all of its own, separate from those of the individual EU Member States.  See Article 47 in Title VI – Final Provisions – of the Treaty on European Union (consolidated version).

This is the first time that the EU has become a party to an international treaty.

The 2006 United Nations Convention on the Rights of Persons with Disabilities is now part of the European Union’s Acquis Communautaire, i.e. the extensive body of EU Law.

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The consequential impacts flowing, therefore, from the EU’s Ratification of the U.N. Convention … at both European and Member State (National) levels … will be very, very interesting to observe during the immediate short term.  [A note of caution … be patient, and allow for a short period of ‘bedding-in’ at the start.  See below.]

The European Commission, for example, must now take full account of the Convention in the drafting and implementation of any new legislation, policies and programmes … in fact, all of its activities.

The European Court of Justice must also take full account of the Convention in all of its work.

This will, inevitably, heavily influence what is … or is not … happening with regard to social and other policies at national level in the Member States.  Many Member States (16) have already ratified the Convention … and more power to them !   BUT among these 16 … the Czech Republic and Denmark have not yet ratified the UN Convention’s Optional Protocol … how strange … and unacceptable !!

Some Member States … and I am thinking specifically of Ireland … will have to be dragged, screaming, to the point of ratification.  And even when that position has been reached … proper implementation will always be an issue.  Just consider, for a moment, Ireland’s uncaring and ham-fisted approach to implementation of the 1989 U.N. Convention on the Rights of the Child … which it did actually ratify way back on 28 September 1992 !   See my post, dated 30 November 2009.

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Accessibility of the ‘Human Environment’ – A Harmonized EU Understanding !

As far as the European Union must now be concerned … and all of the EU Member States … Preamble Paragraph (g) and Articles 9, 10 & 11 of the 2006 United Nations Convention on the Rights of Persons with Disabilities – together – form the basis of a harmonized understanding for Accessibility of the ‘Human Environment’ … which includes the Built Environment, the Social Environment, the Economic Environment, and the Virtual Environment … concepts which I have defined, here, many times before.

Preamble Paragraph (g)

Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development,

Article 9 – Accessibility

1.  To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas.  These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:

     (a)  Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces ;

     (b)  Information, communications and other services, including electronic services and emergency services.

2.  States Parties shall also take appropriate measures:

     (a)  To develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public ;

     (b)  To ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities ;

     (c)  To provide training for stakeholders on accessibility issues facing persons with disabilities ;

     (d)  To provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms ;

     (e)  To provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public ;

     (f)  To promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information ;

     (g)  To promote access for persons with disabilities to new information and communications technologies and systems, including the Internet ;

     (h)  To promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.

Article 10 – Right to Life

States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.

Article 11 – Situations of Risk & Humanitarian Emergencies

[My Note: An outbreak of fire in a building would be a situation of serious risk.]

States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.

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Accessibility of the ‘Human Environment’ – Competent & Effective EU Implementation !

Within the European Union as a whole, because it is a party to the Convention in its own right … and also within the individual EU Member States … Articles 31 & 33 of the 2006 United Nations Convention on the Rights of Persons with Disabilities – together – mandate that implementation is taken seriously … that it is competent and effective … and, most importantly, that independent monitoring and verification is a fundamental part of the process.

Article 31 – Statistics & Data Collection

1.  States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention.  The process of collecting and maintaining this information shall:

     (a)  Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities ;

     (b)  Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics.

2.  The information collected in accordance with this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties’ obligations under the present Convention and to identify and address the barriers faced by persons with disabilities in exercising their rights.

3.  States Parties shall assume responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities and others.

Article 32 – International Co-Operation

1.  States Parties recognize the importance of international co-operation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities.  Such measures could include, inter alia:

     (a)  Ensuring that international co-operation, including international development programmes, is inclusive of and accessible to persons with disabilities ;

     (b)  Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices ;

     (c)  Facilitating co-operation in research and access to scientific and technical knowledge ;

     (d)  Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies.

2.  The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the present Convention.

Article 33 – National Implementation & 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 co-ordination 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.

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The European Union’s Disability Strategy 2010-2020 [COM(2010) 636 final]

The general approach to, and the quality of, Accessibility Implementation in Europe … when compared, for example, with Japan … is pathetically inadequate.

It is quite amazing, therefore, that the texts which deal with Accessibility of the ‘Human Environment’ in the EU’s Disability Strategy Document 2010-2020 … are weak and far too vague … basically, meaningless claptrap drafted by desk jockeys / ‘suits who do not know’ !   We did not achieve a ‘Europe Accessible For All’ by 2010 (see below) … do you see it ??   And … at the current rate of progress, neither will we achieve a ‘Europe Accessible For All’ by 2020 !

The European Union’s Accessibility Strategy, related Policies and Programmes … and the monitoring, targeting and independent verification of Accessibility Implementation … all require a radical overhaul !

All those Officials in the European Commission who are involved, in any way, shape or form, with Accessibility of the ‘Human Environment’ would do well to RE-READ AND MEDITATE DEEPLY on the contents of the 2003 Final Report from the Group of Accessibility Experts, which was established by the European Commission itself …

EU 2003 (EYPD) Expert Group on Accessibility

October 2003

2010: A Europe Accessible For All

Click the Link Above to read and/or download PDF File (294kb)

I was a Member of that Expert Group !

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AND SOME WIDER CONCERNS …

1.  The European Union HAS NOT RATIFIED the UN Disability Rights Convention’s Optional Protocol.  If the Union is so Open and Transparent … and so committed to Human and Social Rights for All EU Citizens … somebody, somewhere, has to scream out loud “Why is the EU Not Ratifying this Optional Protocol ???”.   And … we demand an honest answer !!!

Optional Protocol – Article 1

1.  A State Party to the present Protocol (‘State Party’) recognizes the competence of the Committee on the Rights of Persons with Disabilities (‘the Committee’) to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention.

2.  No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.

2.  The EU Code of Conduct between the Council, the Member States and the Commission setting out internal arrangements for the implementation by and representation of the European Union relating to the United Nations Convention on the Rights of Persons with Disabilities.  Above, I talked about a short period of ‘bedding-in’.   BUT … get your teeth into the ‘meat’ of this document … which indicates that it might be a much longer and more difficult process !?!

Official Journal of the European Union (15 December 2010) – 2010/C 340/08

EU Council – UN Disability Rights Convention – 2010 Internal Code of Conduct

Click the Link Above to read and/or download PDF File (729kb)

3.  At EU Council … How Important is this Issue Considered ?   In the 37 Page Report on the Justice and Home Affairs Council Meeting, which was held in Brussels from 2-3 December 2010 … the adoption of the above Internal Code of Conduct rated just a very brief mention on the last page.  It was not mentioned, at all, among the Main Results of the Meeting !

4.  Will Disability Networks, at both European and Member State (National) levels, have the stamina … and be sufficiently competent and focused … to rigorously monitor European Union Implementation of the UN Disability Rights Convention ??   And … will these Networks be courageous in challenging the EU Institutions … if Implementation is found to be Inadequate ???   I’m not so sure !

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