(I wrote this for UNA-USA, but just wanted to post here and mention that I found seeing this convention pass quite moving, and learned a lot about an issue I knew little about before.)

After five years of negotiations, persons who are deaf, blind, full and partially paralyzed, stood up as they could, clapped their hands as they were able, and celebrated.

They were cheering for the agreement on the final text of the first-ever convention on rights of persons with disabilities, which concluded at United Nations headquarters in New York on August 26. The convention will be presented to the upcoming 61st session of the General Assembly, and requires 20 instruments of ratification or accession from UN member states before it enters into force.

More than 100 countries are expected to sign, however, some key world leaders, including the US, do not plan to ratify the convention. They will choose not to ratify for a variety of reasons, such as concerns over technicalities and funding, and because they already have national legislation. Currently, only around 45 countries have legislation dealing with rights of persons with disabilities.

Since the beginning of the process, the US has taken the position that it does not need to adopt this international legal framework because it already has progressive disability laws, namely the American Disabilities Act. However, throughout the process, the US provided extensive technical assistance in the drafting. According to US Mission spokesman Richard Grinnell, the US fully supports the improvement of international standards for the disabled.

But for nongovernmental organizations (NGOs), such as the US International Council on Disabilities (USICD), technical assistance is not enough.

"Disability rights is another way to show that every country should be treated equal, and there should not be any discrimination between able bodied and disabled bodies," said Tapan Banerjee, executive director of USICD. "Supporting [this convention] would be very much part of the US faith in democracy at large. We should take leadership, like we have taken on other human rights issues."

An estimated 650 million people live with disabilities—80 percent of whom live in developing countries, according to the UN Development Program.

Persons with disabilities, while protected under national and international human rights law, are often denied their rights, and are more susceptible to situations of risk, such as armed conflict and natural disasters. Disabled women are more susceptible to rape and sexual abuse, and other forms of abuse—such as denial of information or health care—can have extreme effects. The UN estimates that in developing countries 98 percent of disabled persons are unemployed, and 90 percent of children with disabilities do not attend school. In many places, disabled people cannot exercise their right to vote because they are not able to access the poles.

Representatives from more than 90 NGOs from around the world participated in the process that occurred in eight periodic marathon meetings beginning in 2001. In contrast to other UN processes, NGOs had the right to make direct interventions and contributions to the document. Credit for the success of the convention is largely given to Ad Hoc Committee Chairman Don MacKay of New Zealand, who conducted the delicate and strenuous negotiations. One outstanding thing about this meeting, said MacKay, was that everyone wanted an outcome.

The document has 50 articles, as well as an optional protocol, spanning topics such as inclusiveness, accessibility, freedom of movement, removal of stereotypes, participation and non-discrimination.

How the convention is to be monitored—a contentious issue—was decided in a meeting earlier this year. Two years after ratification, states parties to the convention will submit reports on measures they have taken to fulfill the convention to an elected independent committee of experts. Full participation of civil society, and in particular, persons with disabilities, is encouraged in the monitoring process.

A significant majority of UN member states participated in drafting the convention, and their attitudes changed as they participated in the process. Over the years of negotiations, the numbers of persons with disabilities on government delegations increased, and a paradigm shift in language emerged—from harsh references and a social welfare mindset to the view that disabilities are a human rights issue.

The agreement on the convention will also ensure that the UN itself can respond more aptly to the needs of persons with disabilities, as well as become an institution that can effectively champion their human rights.