The Bhutanese Leading the way.
The proposed amendments to Bhutan’s reservations under the Convention on the Rights of Persons with Disabilities (CRPD) have reached a Joint Sitting of Parliament after the National Assembly and the National Council did not reach an agreement.
National Council rejects proposed amendments
During the 12th Sitting of the National Council, the Social and Cultural Affairs Committee (SCAC) presented its report on proposed amendments to Bhutan’s reservations under the Convention on the Rights of Persons with Disabilities (CRPD).
The report carried recommendations on Articles 18(1)(a), 18(2), 23(1)(b), 23(1)(c), 27(1)(c), and 29(a)(ii).
However, the recommendations did not receive the support of the majority of members as concerns were raised over legal interpretation and policy implications.
Members of Parliament objected to the committee’s proposal to replace certain reservations with declarations, noting that the two carry different legal meanings under international law. A reservation allows a state to ratify a treaty while excluding or modifying the legal effect of specific provisions, whereas a declaration reflects a state’s interpretation or understanding without altering legal obligations.
As a result, the House did not adopt the recommendations for three Articles. Article 23(1)(b) and (c) on respect for home and family life, Article 27 on work and employment, and Article 29 on participation in political and public life will remain unchanged as reservations.
Article 18, relating to liberty of movement and nationality for persons with disabilities, was referred back to the committee for further review.
Most members said it should be kept unchanged.
The committee had earlier recommended replacing the reservation with a declaration stating, “The Kingdom of Bhutan declares that persons with disabilities have the right to liberty of movement, freedom to choose their residence and to a nationality, on an equal basis with others, in line with the citizenship laws and naturalization process in Bhutan.”
However, several MPs suggested the wording should explicitly be in line with the Constitution of Bhutan to strengthen its legal basis, or that it be kept unchanged.
During the 15th Sitting of Parliament, after reviewing Article 18 again, the Chairperson of the committee, MP Phub Dorji, said it would remain unchanged. The MP said, “The committee decided to keep the Article 18 unchanged.”
This means that according to the house, the reservation submitted to the United Nations in 2024 will stand as a reservation and not be converted to a declaration.
Following this, the recommendation on the CRPD amendments received 6 yes votes, 2 abstentions and 14 objections out of 22 members present. The amendment was therefore not passed.
Therefore, the National Council did not adopt the four recommendations proposed by the committee, and the matter has been forwarded back to the National Assembly.
National Assembly stands by adopted amendments
During the 17th Sitting of the National Assembly, the Foreign Minister stated that during the 7th Sitting of last year’s parliamentary session, the National Assembly had adopted three updated reservations under the CRPD aimed at further protecting and promoting the rights of persons with disabilities.
While three Articles were adopted Article 18 was forwarded back to the committee to review it again.
The Minister said, “All 39 members present during the sitting adopted the convention.”
However, Lyonpo noted that once the matter reached the National Council, the updated reservations were not adopted.
Lyonpo further added that the National Council had stated the reservations were not in line with the laws and Acts of Bhutan, but did not specify which particular laws or provisions were in question.
The Minister also said that, in relation to the matter, discussions were held with the Women, Children and Youth Committee (WCYC).
The Chairperson of the WCYC, Lhaba Lhaba, also stated that the proposals were considered in line with the laws and Acts of Bhutan. The Chairperson further added, “About 13 officials representing persons with disabilities had no objection as well.”
The Deputy Chairperson of the National Assembly, Sangay Khandu, also stated that each article aligns with the laws and Acts of Bhutan. He said, “There are laws and Acts supporting each updated reservation; if these are not enough, then what domestic law should the article rely on?”
With the National Assembly and the National Council unable to reach consensus on the proposed amendments, the issue has been referred to a Joint Sitting of Parliament for final resolution as per the established legislative process.
