Shadow Report to CRPD - Morocco - Collective for the Promotion of the Rights of Persons with Disabilities
Kingdom of Morocco
Collective for the Promotion of the Rights of Persons with Disabilities (CPD)
Shadow report
International Convention on the Rights of Persons with Disabilities CRPD
February 2017
54, Oukaimedden Street, App 1, Agdal Rabat, Morocco
Tel: + 212 (0)5 37 77 33 50 Fax: + 212 (0)537 77 33 58
Email :
Web site: www.collectifhadicapmaroc.ma
Acknowledgements
The Collective for the Promotion of the Rights of Persons with Disabilities in Morocco
Presents its sincere thanks and appreciation to persons, institutions or groups, who contributed in the preparation of this Shadow Report on the Rights of Persons with Disabilities in Morocco
For the CRPD Committee
Table of Contents
Preface 4
Drafting committee 5
Questions proposed to the Committee for the List of issues concerning the initial report of Morocco 5
Description of the Collective for the Promotion of the Rights of Persons with Disabilities 6
The Collective’s Background: 6
The Charter of the Collective: 6
Mission: 6
Strategy: 6
Objectives 6
Organizational Structure 7
Methodology used in drafting the report 8
The standards adopted 8
The reality of Disability legislative and public policies in Morocco 10
The disparity between the data included in the government report and the current situation 10
Harmonisation of national legislation with the provisions of the International Convention on the Rights of Persons with Disabilities 10
National Legislations: 11
Moroccan legislation contains two different types of legislation: 11
Setting of the preparation and adoption of the framework law 97.13 11
Reading the Moroccan legislation and public policies from the perspective of the International Convention on the Rights of Persons with Disabilities: 13
Article 1 of the CRPD : 13
Article 2. Definitions 13
Article 3. General principles 13
Article 4. General Obligations 13
Article 5 on equality and non-discrimination 13
Article 6. Women with disabilities 14
Article 7. Children with Disabilities 14
Article 8. awareness raising 14
Article 9. Accessibility 14
Article 10. The right to life 15
Article 11. Situations of risk and humanitarian emergencies 15
Article 12. Equal recognition before the law 15
Article 13. Access to justice 16
Article 14. Liberty and security of the person 16
Article 15. Freedom from torture or cruel, inhuman or degrading treatment or punishment 16
Article 16. Freedom from exploitation, violence and abuse 16
Article 19- Living independently and being included in the community 17
Article 20. Personal mobility 17
Article 21. Freedom of expression and opinion and access to information 17
Article 23. Respect for home and family 17
Article 24. Education 18
Article 25. Health 19
Article 26 Habilitation and rehabilitation 19
Article 27. Work and Employment 19
Article 28. Adequate standard of living and social protection 20
Article 29. Participation in political and public life 20
Article 31. Statistics and data collection 21
Article 33. National implementation and monitoring 22
Appendix 23
Questions proposed to the Committee for 23
the List of issues concerning the initial report of Morocco 23
Preface
1. The Collective for the Rights of Persons with Disabilities (CPD) has taken the initiative to prepare this shadow report to the International Convention on the Rights of Persons with Disabilities in order to contribute to developing and improving the advocacy for the rights of persons with disabilities in Morocco.
2. It is important to note that during the last 10 years, significant improvements have been made in the field of Human Rights, especially after the adoption of the constitution in 2011, which adopts the international conventions duly ratified by the Kingdom, as the essential reference in its national legislation and acknowledges their primacy over domestic law, and the commitment of the country to harmonize the national legislation with regard to the provisions of these international conventions.
3. By adopting this Constitution, the Kingdom of Morocco is explicitly committing itself to ban and combat all discriminations based on Disability and public authorities are committed to take the necessary measures in order to respect, implement and protect the Rights of Persons with disabilities.
4. This alternative report is a contribution of the coalition to shed light on the reality of Persons with disabilities in Morocco who still face many obstacles due to the weakness of laws and the lack of institutional and financial mechanisms that prevent them of the full enjoyment of their fundamental rights, especially education, employment, health and participation in society.
5. This report is based on the outcome of various scientific and field studies prepared by the Collective, as well as those emanating from governmental and non-governmental institutions.
6. Through this report, the Collective wishes to provide the International Committee for the Rights of Persons with Disabilities with updated data, based on the reality for people with disabilities, their families and organizations. The Collective has respected the accuracy and the objectivity of the information enclosed in this report, and the relevance of the recommendations.
7. The Collective would like to express its deep respect to the distinguished members of the Committee, and its confidence that they will pay due attention tothe content of this report.
8. The Collective would like to thank the members of the Committee for their efforts in this regard, and remains available to provide all data and information the Committee would consider useful.
Drafting committee
9. The following members of the Collective have contributed to the drafting of this report:
1. Ms Soumia AMRANI
2. Mr. Mohamed EL KHADIRI
3. Mr. Ezz Al-Arab IDRISSI
4. Mr. Abdel Majid MAKNI
5. Mr. Karim CHERKAOUI
6. Ms. Hajar LAARIBI.
Questions proposed to the Committee for the List of issues concerning the initial report of Morocco
10. The collective has prepared its proposition of questions proposed to the Committee for the list of issues concerning the initial report of Morocco. This proposition is appended to this report.
11. We hope that this proposal will be taken into consideration by the distinguish members of the Committee, when preparing the list of issues that will be addressed to the Moroccan government.
Description of the Collective for the Promotion of the Rights of Persons with Disabilities
The Collective’s Background:
12. The Collective for the Rights of Persons with Disabilities (CPD) is a national network of organisations of Persons with disabilities in Morocco, founded in 2005. Its objective is aiming at federatingthese organisations’ resources andactions, to build a strong organisation able to make a difference, in embracing the Human Rights’ approach to Disability, and bringing about the necessary paradigm shifts inpolicies and behaviour, needed to successfully tackle the obstacles that standbetween Persons with Disabilities and their Rights.
The Charter of the Collective:
13. Organisations, members of the Collective, share the values and principles of human rights, as referred to in the Moroccan Constitution and international Conventions on Human Rights, and particularly the Convention on the Rights of Persons with Disabilities.
Mission:
14. The Collective aims to encourage advocacy initiatives seeking to promote respect for Human Rights and fundamental freedoms of Persons with disabilities, in compliance with international Human Rights principles. The Collective is working with its partners to ensure the implementation of the provisions of the Constitution, as well as the preparation, implementation and monitoring of public policies based on the principles of international Human Rights conventions, including the Convention on the Rights of Persons with Disabilities ratified by Morocco in 2009.
Strategy:
15. The Collective’s strategy focuses on the following key areas:
i. Institutional strengthening of the Collective,
ii. Capacitybuilding of its members,
iii. Developing Partnerships for more effective networking,
iv. Promoting advocacy
v. Datacollection
vi. Monitoring the Rights of Persons with disabilities
Objectives
16. Promotion of equal opportunities, autonomy, and respect for the inherent dignity of Persons with disabilities;
i. Combating all forms of discrimination, marginalization and exclusion of Persons with disabilities;
ii. Adoption of the Human Rights approach in all policies and programs, designed to improve social, economic, cultural, political and civil conditions;
iii. Capacity building of national and regional associations working with or for Persons with disabilities;
iv. Strengthening networking systems and national, regional and international partnerships;
v. Mainstreaming disability in all programs and projects funded by public, semi-public and private sectors;
vi. Conducting increased in-depth studies and research on disability.
Organizational Structure
17. The following governing bodies manage the Collective:
i. General Assembly (GA): Last general assembly held in January 2017
ii. Executive Committee (EC): composed of 12 members
iii. A permanent administration, which guarantees the enforcement ofdecisions, programs and projects in a daily basis.
iv. Permanent and temporary commissions for specific purposes.
Methodology used in drafting the report
18. The Collective adopted the following methodology to prepare this report:
i. Organising training sessions for the stakeholders, on the implementation and the monitoring of the International Convention on the Rights of Persons with Disabilities;
ii. Organising training workshops on the preparation and drafting of the shadow report in compliance with Article 33 of the Convention, supervisedby international experts in this area;
iii. Establishing a working group representing different types of Disabilities and families or PWD, taking into account the geographical dimension;
iv. Organising thematic workshops with various organisations in the field of Disability and Human rights issues, and civil society organisations;
v. Establishing a Drafting Committee in charge of preparing the data, analysing the information collected, writingand translating the final report.
vi. Consulting with international experts from the International Disability Alliance (IDA), Handicap International ……
vii. Organising a workshop to adopt the final version of the report
The standards adopted
19. The Collective adopted the following standards:
i. The Moroccan Constitution: which states, in its preamble, for the prohibition of discrimination based on Disability, as well as a set of provisions, which includes positive measures for the fulfilment of the Rights of persons with disabilities
ii. Reports of national institutions:
iii. National Council for Human Rights’ reports regarding the right to employment and the right to access public transportation
iv. Consultative opinion of the National Council for Human Rights on the draft of the framework law 97.13 in 2015
v. Recommendations of the National Council for Human Rights on the right to education when preparing the 2015 – 2030 strategic vision for education,
vi. The Consultative opinion of the Economic, Social and Environmental Council on the "respect of rights and inclusion of persons with disabilities" in 2012[1]
vii. The Consultative opinion of the Economic, Social and Environmental Council on the draft of framework law 97.13 in 2015[2]
viii. Studies and researches undertaken by the Collective in partnership with international organizations and international experts
ix. Conclusions of the population census undertaken by the High Commissioner for Planning in 2014
x. The National Survey on Disability undertaken by the Ministry of Solidarity, Family, Women and Social Development in 2014
xi. The Moroccan government official report submitted to the Committee in 2014[3]
The reality of Disability legislative and public policies in Morocco
The disparity between the data included in the government report and the current situation
20. The Collective for the Promotion of the Rights of Persons with disabilities in Morocco emphasizes the importance of updating the data contained in the Moroccan government’s report, submitted to the Committee in 2014, which includes out-of-date information. The Collective also emphasizes the fact that during the years 2014- 2015 and 2016, several developments in the field of Disability have occurred, including the adoption of the framework law 97-13 and the Integrated Public Policy for PWD, the National Survey on Disability and some sectorial programs, as, for example: The health and disability working agenda by the Ministry of Health, The Social Cohesion Fund by the Ministry of Finance and several ministerial circulars and memoranda by the Ministry of National Education and Vocational training.
21. At the same time, the Collective welcomes with appreciation the quality of work carried out by civil society in the field of Disability and advocacy actions in the this area.
Harmonisation of national legislation with the provisions of the International Convention on the Rights of Persons with Disabilities
22. Adoption of the constitution by referendum in 2011, which complies with the international conventions on human rights duly ratified by the Kingdom, and emphasizes the need to strengthen, protect and promote Human Rights and international humanitarian law, and the universal character of the rights.
23. The Constitution includes provisions on the rights of Persons with disabilities, which have been made following the advocacy memorandum submitted by the Collective to the Constitution Drafting Committee. Thus the fundamental law of the country is the first step towards the harmonisation of the national legislation with CRPD regarding to the rights of Persons with disabilities
24. Regarding the rights of Persons with disabilities, the Constitution explicitly ban all forms of discrimination based on disability in its preamble, and the Article 34, stipulates: "The public powers enact and implement the policies designed for Persons and for categories with specific needs’’. To this effect, it sees specifically:
25. To address and provide for the vulnerability of certain categories of women and mothers, of children, and of elderly persons;
26. To rehabilitate and include in social and civil life people with physical, sensorimotor and intellectual disability, and to facilitate the enjoyment of their rights and freedoms recognized to all.
27. The Constitution makes clear that all its articles are supposed to protect and promote the rights of Persons with disabilities on the basis of equality among citizens.
National Legislations:
Moroccan legislation contains two different types of legislation:
28. Laws and codes of “General” scope that include special requirements regarding Persons with disabilities, such as the Family Code, Labour Code, Penal code and traffic regulations code …. It should benoted that most of these legislations were adopted before the ratification of the CRDP, therefore they require updating and harmonisation with the CRPD;