03-04-2010_govtcompliance_to_uncrpd_report

h Date 03-04-2010, Ministry of Social Justice and Empowerment
F.No. 32-79.2008-DD III dated 21 April 2010
Kindly refer to your letter No. F.No.32-79/2008-DD-III dated 18 Dec. 2009 address to me which says that "the process of drafting Country Report as required under Article 35 of the UNCRPD has been initiated."
Please inform me
Please refer to your application dated 03.04.2010 received in this section on 12-04-2010 under "RTI Act, 2005" on the above mentioned subject, it is informed that the information in respect of this Section is as under:-
 1. By when is the response of the Government with regard to compliance with United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) expected to be ready?
 1. As per Article 35 of UNCRPD, the State Party if required to submit Country Report. The process has already been started. NALSAR University of Law, Hyderabad has been appointed to prepare the Country Report on UNCRPD and the report is expected to be ready by 30-09-2010.
 2. What information relating to compliance with the UNCRPD has  been received so far from state governments?
 2. Several Governments have sent their action taken report on various issues including General Obligation, Awareness, Accessibility, Education, Health etc. in respect of persons with disabilities.
 3. What process is being followed for civil society participation? 3. The Agency, which is assigned to prepare Country Report, is required to conduct wider consultation with different Government and Non-Government Organizations including Civil Society.
 4. Please send me copies of minutes of all meetings held in this regard. 4. The minutes of the meetings contain 6 pages, If you need a copy of the same, kindly deposit Demand Draft/Pay order or any other authorized mode of payment of Rs. 12/- @ Rs. 2/- per page payable to PAO, MSJ&E.
 Sent by Prof. Arun Mehta
 
 08-05-2010
 F.No. 32-79.2008-DD III dated 04-06-2010
 Kindly refer to your letter no. F.No.32-79/2008-DD-III dated 21 April 2010 saying that the process of preparing the Country Report as per Article 35 of the UNCRPD has already been started.

Kindly forward me 1 copy of minutes of the meeting held in this regard.
Please refer to your application dated 08-05-2010 received in this section on 11-05-2010 under "RTI Act, 2005" on the above mentioned subject and find enclosed a copy of the minutes of the meeting for preparing the First Country Report as per Article 35 of the UNCRPD.

Minutes of the meting held on 30th December, 2009 with various agencies on their proposal to prepare first country report on action taken on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).


In accordance with Article 35, of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), each State party has to submit a first report on measures take to give effect to its obligations under the Convention within 2 years after the Convention came into force. Therefore, a first Country Report is to be submitted by May, 2010.

2.  The Ministry of SJ&E has, vide letter dated 03-11-2009, souht Expression of Interest (EoI) from 9 organizations (list as Annex-I) by 30th November 2009 for preparing the Country Report. In response, the following 4 organizations had submitted their proposals.
i. NALSAR University of Law, Hyderabad
ii. National Law School of India University, Bangalore
iii. Center for Good Governance, Hyderabad
iv. Indian Institute of Public Administration, New Delhi

3.  It was decided that the organizations concerned would be asked to make a presentation on their proposals. Secretary formed an informal committee consisting of the following members to see the presentations and give their assessment:-
i. Secretary
ii. Additional Secretary Cum CCPD
iii. Joint Secretary (DD)
iv. FA or his representative
v. JS, MEA or his representative
vi. Chairperson, National Trust
vii. Chairperson, Rehabilitation Council of India

4.  First Meeting of the above committee was held on 30th December 2009 at 11.00 am in the Ministry.

5. In the beginning, Secretary informed the committee members that the Committee on the Rights of Persons with Disabilities, UNCRPD, had issued guidelines on 18th November 2009 regarding preparation of Country Report by the State Parties. Though the guidelines had not ben formally received from the Ministry of External Affairs, these had been recently downloaded from the website of the United Nations. In the light of the guidelines, the proposals received from the Organizations, might need modification. Suggested synopsis given by the Ministry as well as the time schedule would also undergo change.

6.  After detailed deliberations, it was decided that the agencies should be given some time to scrutinize the guidelines and revise their proposal if they so desired. They may also be given an opportunity to make a presentation thereafter.

7.  Representatives of all the four organizations were thereafter invited to participate in the meeting.

8.  Secretary in his opening remarks said that after the Ministry's letter dated 03-11-2009 inviting EOI, the Committee on the Rights of Persons with Disabilities had, issued guidelines for preparing the Country Report. This changes the nature of work materially, and the synopsis for the Report suggested by the Ministry would also have to undergo change. The organizations could accordingly revise and resubmit their proposals by 11th January 2010 if their proposals were not at present in line with the guidelines.

9.  Sri M. Sivaramakrishna of Center for Good Governance, Hyderabad and Dr V Vijayakumar of National Law School of India University (NLSUI) state that their institutions would submit revised proposald and make presentation at a later stage. However, they  wanted to make preliminary presentation on that day.

10.  Dr. Nirmala Yaday of Indian Institute of Public Administration informed that the proposal was prepared by Prof. Bharati Sharma, who was out of station. IIPA would also submit a revised proposal and make presentation. IIPA would not be making any presentation today. (i.e., on 31-12-2009)

11.  Dr Amita Dhanda of NALSAR University of Law, Hyderabad stated that their proposal was already prepared as per the guidelines mentioned in para 7 and therefore it was their final proposal. She desired to make a final presentation on 30th December itself.

12.  The following thre institutions made presentations separately (i.e., in the absence of representatives of other organizations):
i.  Center for Good Governance, Hyderabad: Shri M. Sivaramakrishna made presentation about their Center, its resources, strategic alliances with various institutions, earlier work experience etc. Though the Center had not conducted any work in the Disability sector, it had worked  on social sector issues.
ii. National Law School of India University, Bangalore: Dr V Vijayakumar made a presentation broadly covering the academic, research and the infrastructural facilities of the institute and the methodology they would for preparing the report.
iii. NALSAR University of Law, Hyderabad: Dr Amita Dhanda, (Head, Center for Disability Studies) in her presentation broadly covered points relating to experience and exposure in the area of disability and also her association in the process of consultation and deliberation during drafting of UNCRPD. She was also associated with the drafting of the amendments to the National Trust Act in order to bring it in conformity with UNCRPD. She elaborated upon the requirements of UNCRPD and the process and methodology proposed to be adopted by her institute.

13.  Secretary informed representatives of the remaining three institutions that they could submit their revised proposal by 11th January 2010, along with synopsis after which they will be invited to make a presentation.

14.  Meeting ended with thanks to the Chair.

15.  List of participants is at Annexe:- II

Annexure II
List of Participants

1. Shri KM Acharya (Scretary, MSJE): In the Chair
Other Officers from Ministry
2. Smt. Sangita Gairola (Aditional Secretary, MSJE Com CCPD)
3. Dr. Arbind Prasad (Joint Secretary (DD), MSJE)
4.Shri S K Pattanayak (Director- DD, MSJE)
5. Shri K Vivekanand (Deputy Secretary, (IFD), MSJE)
National Trust
6. Smt. Poonam Natrajan (Chairperson)
Representatives from MEA
7. Shri Pranay Verma (Director, MEA)
8. Shri Abhishek Verma (Under Secretary, MEA)
Representatives from the agencies from which proposals had been received:
9. Dr Amita Dhanda (NALSAR University of Law, Hyderabad)
10. Dr V Vijayakumar (National Law School of India University, Bangalore)
11. Shri M. Sivaramakrishna (Center for Good Governance, Hyderabad)
12. Ms. J Lakshmi (Center for Good Governance, Hyderabad)
13. Dr. Nirmala Yaday (Indian Institute of Public Administration, New Delhi)

Annexure I

List of Organizations/Institutions (Expression of Interest)

1. Nalsar University of Law, Justice City, Shameerpet, R.R. District, Hyderabad- 500078., AP
2. Indian Institute of Public Administration, Indraprastha Estate, New Delhi 110002
3. National Law School of India University, Bangalore
4. Center for Good Governance, Hyderabad
5. Tata Institute of Social Sciences, PO Box No 8313, Vn Purav Marg, Deonar, Mumbai- 400088
6. Rajasthan State Institute of Public Administration, Jawaharlal Nehru Marg, Jaipur- 302017
7. Dept. of Social Work (Delhi University), 3, Delhi University Road, Shakti Nagar, Delhi- 110007
8. Indian Institute of Population Sciences, Govandi Station Road, Deonar, Mumbai- 400088
9. Yashwantrao Chavan Academy of Development Administration (YASHADA),  Rajbhavan Complex, Baner Roa, Pune- 411007


Minutes of the 2nd meting held on 8th February, 2009 with agencies on their proposal to prepare first country report on action taken on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

List of participants annexed.

1.  Pursuant to the decisions taken in the first meeting held on 3oth December, 2009, that the agencies which had not prepared their proposald in accordance with UNCRPD guidelines could resubmit their proposal by 11th January, 2010, the following two organizations submitted their joint proposal dated 09-01-22010
i. National Law School of India University, Bangalore
ii. Center for Good Governance, Hyderabad

3.  No revised proposal was received from the Indian Institute of Public Administration, New Delhi

4.  Both the organizations mentioned in para 2 above were asked to make a presentation o their revised proposal on 08-02-2010. Accordingly, the Committee met on 08-02-2010 in Shastri Bhavan.

5.  Dr V Vijayakumar of National Law School of India University (NLSIU), Bangalore mad a presentation which broadly covered the academic, research and infrastructural facilities of NLSIU as well as Center for Good Governance (CGG), the area of study and methodology they proposed to adopt for preparing the first Country Report. He said that both the organizations would be working jointly to prepare the Country Report on partnership bases in line with UNCRPD guidelines. Both of them will be  handling different components of the report depending on their core competence. The presentation was supplemented by Mrs Lakshmi from who dealt upon the collaborative arrangement between the Organizations, outline of the report and the proposed time frame.

6.  After the departure of the representatives of the two institutions, the Committee deliberated on the issue and made a comparative analysis of both the offers. The proposal submitted by NALSAR University of Law, Hyderabad has quoted the total cost of the project as R. 23.43 lakhs which includes emoluments of personnel, consumables, publication or reports, studies and workshops etc. The joint proposal of NLSIU, Bangalore and CGG, Hyderabad indicated the total cost ar Rs. 63.66 lakhs (bifurcated organization wise as Rs. 54.71 lakhs and Rs. 8.95 lakhs). It includes staff cost, consumables, peripherals, overhead expenditure etc.

7.  Considering the relative merit of both the offers ion terms of the organizationsl expertise and experience in the subject and taking into account the cost quoted, the Committee recommended that the work may be assigned to NALSAR University of Law, Hyderabad.

8.  Secretary observed that since the guidelines of the UNCRPD were issued only on 8th Nov, 2009, there would be a resultant delay in finalization of the Country Report. The Country Report would be ready for submission by August, 2010. Representative of MEA confirmed that the time scheduled as above should be alright.

9.  The meeting ended with Thanks to the Chair.

Annexure
List of Participants

1. Shri KM Acharya (Scretary, MSJE): In the Chair
Other Officers from Ministry
2. Smt. Sangita Gairola (Aditional Secretary, MSJE Com CCPD)
3. Dr. Arbind Prasad (Joint Secretary (DD), MSJE)
4.Shri S K Pattanayak (Director- DD, MSJE)
5. Ms Reena Garg (Director- IFD, MSJE)
National Trust
6. Smt. Poonam Natrajan (Chairperson)
Representatives from MEA
7. Shri Abhishek Verma (Under Secretary, MEA)
Representatives from the agencies from which proposals had been received:
8. Dr V Vijayakumar (National Law School of India University, Bangalore)
9. Shri M. Sivaramakrishna (Center for Good Governance, Hyderabad)
10. Ms. J Lakshmi (Center for Good Governance, Hyderabad)


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