CNDH participates in the 18th session of the Committee on the Rights of Persons with Disabilities

The delegation of the National Human Rights Council of Morocco (CNDH) participates in the proceedings of the 18^th session of the Committee on the Rights of Persons with Disabilities (Committee) which takes place from August 14^th to 31^st, 2017 at the Palais des Nations in Geneva.

During this session, the Committee examines measures taken by Morocco to implement the provisions of the Convention on the Rights of Persons with Disabilities (CRPD) on August 16^th and 17^th, 2017. Throughout this first interactive dialogue, the CNDH recalls its opinions and recommendations aiming to protect and promote the rights of persons with disabilities, including the right to an inclusive education, social protection, employment and employability, legal capacity and the implementation of Article 33 of the CRPD.

The CNDH took part in the 7^th pre-session of the Committee held on March 15^th, 2017 where a list of issues was discussed by the stakeholders before the review of the initial report of Morocco on the implementation of the UN Convention on the rights of persons with disabilities.

The Committee on the Rights of Persons with Disabilities is the Body of independent experts which monitors the implementation of the Convention by the States Parties. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially within two years of accepting the Convention and thereafter every four years. The Committee examines each report and shall make such suggestions and general recommendations on the report as it may consider appropriate, and shall forward these to the State Party concerned.

Opening Statement of the National Human Rights Council of Morocco at the 18^th session of Committee of the Rights of People with disabilities

Geneva, August 16^th, 2017

Madam President, ladies and gentlemen, Committee members, Honourable Minister, representatives from the Moroccan delegation, representatives of Moroccan civil society,

It is an honour for me to take part, in the name of the National Human Rights Council of Morocco (CNDH), in this high level dialogue to submit to the Committee the CNDH’s opinions and recommendations on the situation of persons with disabilities in the Kingdom of Morocco.

The CNDH is a national independent institution accredited with “A” status by the Global Alliance of National human rights Institutions (GANHRI). With 13 regional commissions, the CNDH monitors the protection and the promotion of human rights in Morocco.

Bearing in mind the written replies of the Government of Morocco to the list of issues, the CNDH wishes that its contribution will provide additional information and serve as a reference point for the Committee while drafting its concluding observations.

The council welcomes the approval of the Interministrial Commission, on the 17^th of July 2017, to implement the strategies and programs within the National Action Plan 2017- 2021 on the promotion of the rights of persons with disabilities. The Council wishes that the implementation of its provisions will be reflected in the Finance Law 2018.

Having considered all of the various thematic studies and legal text examinations, and also having handled complaints on allegations of violations of the rights of persons with disabilities, the council wishes to bring to the attention of the committee that despite undeniable progress in Morocco, there is still a lot to be done to ensure an effective and equal enjoyment of the rights of all persons with disabilities in terms of access to education, employment, and social protection particularly.

Despite the fact that we now have the right to an inclusive education enshrined in the constitution, the CNDH notes with concern that persons with disabilities still face great difficulties and barriers in their access to education, particularly in school registration procedures, support measures such as assistance within schools, and reasonable accommodation. This is why the council would advocate the adoption of an inclusive education policy for all persons with disabilities with no exclusion on the grounds of any type or degree of impairment. The sustainable development goals should be taken into consideration, particularly target 4.5[1].

In terms of employment and employability of persons with disabilities, the council calls for a cross-cutting integration within the provision of the forthcoming financial law: measures and indicators relating to the inclusion of persons with disabilities in employment in the public and private sectors.

The council wishes to draw the attention of the Committee to the situation of women with disabilities that suffer double discrimination and who are not a priority in different policies and programmes for women.

Families of persons with disabilities particularly who are in a precarious situation, are suffering from violating their rights, as are their children. They are generally entirely responsible for meeting the additional financial costs resulting from the disability of their children.

The CNDH notes with concern that despite the existence of social protection, the range of care and services which is offered does not meet the needs of persons with disabilities.

Prisons and detention facilities should take into consideration the situation of persons with disabilities, particularly the accessibility and access to information that protect their rights during their detention[2] in all places of deprivation of liberty.

The Council regrets that the second national survey on disability published in April 2015 by the Ministry of family, solidarity, equality and social development did not include data on the population of detainees and prisoners with disabilities or persons with disabilities that are in social protection centres.

The Council notes that the limitation of legal capacity on the grounds of disability within Moroccan law is still a major barrier for persons with intellectual disabilities or visual impairments when it comes to managing their financial or administrative affairs.

The CNDH would also like to point out that the draft law relating to its reorganisation, and that recognises the council’s competency to act as an independent protection mechanism, to promote and monitor the Convention[3], will be adopted at the next parliamentary session.

The CNDH reiterates its admiration and respect to the committee members and hopes that this constructive dialogue will help bring about the convention’s implementation in our country.

Thank you.