Experts of the Committee on the Rights of Persons with Disabilities Commend Mauritania’s Legislative Efforts to Protect Persons with Disabilities, Ask Questions on Measures to Support Women with Disabilities and Access to Disability Cards
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the initial report of Mauritania on its implementation of the Convention on the Rights of Persons with Disabilities. Committee Experts commended the State’s legislative efforts to protect persons with disabilities, while asking questions on measures to support women with disabilities and access to disability cards.
Abdelmajid Makni, Committee Expert and Member of the Country Taskforce for Mauritania, welcomed ongoing efforts to protect persons with disabilities in Mauritania, particularly disability legislation implemented in 2006, which provided protection for persons with disabilities, and other decrees which supported their lives. The Government should also be commended for its inclusion of organisations of persons with disabilities in policy making processes, he said.
Mr. Makni called on the State party to consider women in all measures for persons with disabilities. There was a need to set up a mechanism for early detection of violence against women and girls and a national strategy for preventing such violence. Other Experts asked how the rights of women with disabilities were upheld in health centres and detention centres. What measures were in place to eradicate female genital mutilation, which was still practiced in the region?
Committee Experts noted that many persons with disabilities had not applied to receive a disability card, possibly due to the difficult application procedure. This card allowed persons with disabilities to benefit from subsidised medical care, one Expert said. What would the State do to address this issue? Was health insurance available in remote areas, and were there enough medical professionals to address the needs of persons with disabilities?
Introducing the report, Cheikh Ahmedou Sidi, Commissioner for Human Rights, Humanitarian Action and the relationship with Civil Society and head of the delegation, said the State had adopted a national strategy for the protection of children and set up a municipal council for children. There was a training centre for the social promotion of children with disabilities, with four regional hubs. The centre trained children with disabilities in project management and discipline.
The delegation added that legislation was also in place to ensure women with disabilities’ access to health care. 11 million women with disabilities benefited from regular cash transfers in the State, and 14 million benefited from medical support programmes. 50 per cent of financing for persons with disabilities was devoted to women with disabilities. Women’s associations led by women with disabilities regularly held meetings with the Government and participated in awareness raising campaigns. Training in agriculture was provided to women with disabilities in rural areas. Further, the Government had set up a national strategy to eliminate female genital mutilation which had yielded significant results.
On disability cards, the delegation said that the Government aimed to provide them to all persons with disabilities. Persons with disabilities needed to provide residence permits and their national identification cards to receive a disability card. Out of 11,000 requests for the cards, 6,000 had been printed and distributed to the various regions, and the remaining 5,000 people would receive the card by the end of the year. The Government was revising management of the programme to expedite provision of the cards, and had held campaigns to increase awareness of the cards in regional areas.
In concluding remarks, Ahmed Salem Bouhoubeyni, National Commission on Human Rights representative, said the Government needed to rollout a major awareness raising campaign, as much remained to be done. The Commission had identified several persons with disabilities in rural areas who were not registered with the Government and did not possess disability cards. Many persons with disabilities thus could not enjoy certain rights. The Government needed to undertake reforms to support access to legal aid and court interpretation. The national orthopaedic and rehabilitation centre also needed to be strengthened in regional areas of the State.
Mr. Makni said that the dialogue had shed light on the situation of persons with disabilities in Mauritania. Mr. Makni expressed hope that the State party would consider the Committee’s recommendations. The State party needed to involve lawmakers and policy makers in the follow-up process to ensure that all the Committee’s recommendations would feature in legislation.
The delegation of Mauritania consisted of representatives of the Commissioner for Human Rights, Humanitarian Action and Relations with Civil Society; Presidency of the Republic; Prime Ministry; Ministry of Justice; Ministry of Foreign Affairs; Ministry of Health; Ministry of Social Action, Children and Family; and the Permanent Mission of Mauritania to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Mauritania at the end of its twenty-ninth session, which concludes on 8 September. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s twenty-ninth session and other documents related to the session can be found here.
The Committee will next meet in public on Monday, 28 August at 3 p.m. to consider follow-up to inquiry reports concerning the United Kingdom of Great Britain and Northern Ireland.
Report
The Committee has before it the initial report of Mauritania (CRPD/C/MRT/1).
Presentation of Report
CHEIKH AHMEDOU SIDI, Commissioner for Human Rights, Humanitarian Action and Relations with Civil Society and head of the delegation, said the State had ratified the Convention in 2012 and had also ratified the Optional Protocol. Mauritania had done everything within its power to implement the Convention. The Convention had been incorporated into domestic legislation through Organic Law 13 of 2023. Legislation on elections stated that at least two persons with disabilities needed to be elected to the National Assembly. A national sectoral council had been set up to address disability issues. Other legislation defined disability, set up a social promotion centre for children with disabilities, and established regulations on social care for persons with disabilities. A national school for social work had been set up, and legislation had been issued which addressed the accessibility of public buildings.
The Constitution enshrined the principle of non-discrimination and guaranteed equality of all citizens before the law, including equal access to employment. Measures aiming to reduce opportunities for persons with disabilities were considered to be discriminatory. The State party had national strategies for the promotion of gender equality and of persons with disabilities. The strategy on persons with disabilities addressed topics including access to employment, health services and protection of human rights. The State had established a joint commission entrusted with promoting the rights of persons with disabilities.
The State had adopted a draft bill prohibiting violence against women, and had set up regional organisations which worked to combat this scourge. Centres to settle family conflicts had been set up, and a fund for women had also been established. Further, the State had adopted a national strategy for the protection of children and set up a municipal council for children. There was a training centre for the social promotion of children with disabilities, with four regional hubs. The centre trained children with disabilities in project management and discipline. Nation-wide awareness campaigns were held to promote the rights of persons with disabilities and to disseminate the Convention. Meetings with organisations of persons with disabilities were held regularly. Sign language was used in television media. A study had been carried out into the support provided for organisations of persons with disabilities.
Public institutions were required to promote accessibility for persons with disabilities and to accommodate their transportation and mobility. Measures had been taken to make public buildings more accessible, and five million ouguiyas had been invested in communication and mobility devices for persons with disabilities. The State protected persons with disabilities from torture and inhumane treatment. It had set up a national body to combat human trafficking and a complaints mechanism for reporting trafficking in persons. A programme provided vaccinations free of charge to children. Health insurance was provided for 300 homeless people, and subsidies were provided to persons with disabilities for medical treatment. A five percent quota for hiring persons with disabilities had been established. 800 projects had been funded to support the employment of persons with disabilities. Projects were also in place to support persons with disabilities’ access to sports and leisure. The State had further worked to improve the data it collected on persons with disabilities. The State party was implementing programmes and policies for persons with disabilities, and would consider the recommendations of the Committee in this regard. The State would continue to promote the rights of persons with disabilities and implement the provisions of the Convention.
Opening Statement by National Human Rights Institute
AHMED SALEM BOUHOUBEYNI, National Commission on Human Rights, said the Commission was an independent constitutional institution with a broad mandate to promote and protect human rights in accordance with the Paris Principles. It had obtained “A” status from the Global Alliance of National Human Rights Institutions. Mauritania had made significant progress in implementing the Convention and had adopted many laws and regulations in this regard. Many actions aimed at promoting the rights of persons with disabilities had been carried out through specific policies, programmes and projects that had been developed, implemented and evaluated. Despite these measures, the National Human Rights Commission noted some challenges and recommended that the Government continue its efforts to promote and protect the rights and fundamental freedoms of persons with disabilities.
It was recommended that the State party obtain reliable statistics on the number of persons with disabilities; set up income-generating micro-projects to improve the living conditions of people with disabilities; apply the decree on accessibility to public buildings and means of transport; provide the National Centre for Orthopaedics and Functional Rehabilitation with qualified, material and technical human resources; take measures to protect women and children with disabilities from exploitation, especially children exploited in Nouakchott hubs; and ensure promotion for disabled civil servants recruited from the five per cent quota, who rarely received promotions on the basis of merit. The Government had an obligation to ensure that fundamental rights were enjoyed by all. There were shortcomings in the implementation of the Convention, and the Commission would continue to advise the Government on this topic.
Questions by Committee Experts
ABDELMAJID MAKNI, Committee Expert and Member of the Country Taskforce for Mauritania, welcomed ongoing efforts to protect persons with disabilities in Mauritania, particularly the legislation implemented in 2006, which provided protection for persons with disabilities, and other decrees which supported their lives. The Government should also be commended for its inclusion of organisations of persons with disabilities in policy making processes. To what extent had the Government implemented the 2006 ordinance on the protection of persons with disabilities? To what extent was the Convention directly applicable? Was refusal of reasonable accommodation considered to be a form of discrimination? What measures were in place to promote access to justice for women with disabilities who were victims of violence? To what extent was the National Council for Multisectoral Protection protecting the rights of persons with disabilities? Did the council consult with the public? Could the Council establish focal points in the regions? What indicators of sustainable development had the Government set concerning the development of persons with disabilities?
One Committee Expert asked about the extent to which the Government consulted with persons with disabilities and organisations of persons with disabilities. What mechanisms were in place to ensure that persons with disabilities were constantly updated in all matters relating to the Convention? Was there an established monitoring mechanism to ensure that public buildings were accessible to persons with disabilities? What percentage of public buildings were accessible? Was the public transport system fully accessible?
Another Committee Expert asked if State policies included cross-cutting measures focused on women and girls with disabilities? Did women with disabilities receive employment training? What measures were in place to eliminate the practice of “donating” women and girls with disabilities?
A Committee Expert asked how the rights of women with disabilities to access education were ensured. How were their rights upheld in health centres and detention centres? What plans and strategies were in place to advance development of persons with disabilities in country regions and reduce stigmatisation? How was the State training teachers to support children with disabilities?
One Committee Expert asked about financial and technical support provided to organisations of persons with disabilities to enable them to participate in all matters affecting them. Were organisations of persons with intellectual disabilities established and run by persons with intellectual disabilities themselves? Were such organisations part of the national federation of organisations of persons with disabilities? What measures were in place to promote awareness of the rights of persons with disabilities for law enforcement officers, media personnel, health service providers and other public officials?
Another Committee Expert asked whether a concrete mechanism had been established to ensure that disability policies were gender sensitive and inclusive. What measures were in place to ensure that all websites of public institutions were accessible for persons with disabilities?
A Committee Expert said Mauritania had several reservations to human rights conventions, relating to the enforcement of the conventions in line with Sharia law. Who decided whether provisions were in line with Sharia law? Article six of the Convention stipulated that the age of marriage was 18, but in Mauritania, minors could be married. Could women with disabilities be forcibly married? What measures were in place to protect women and girls with disabilities from forced marriage?
One Committee Expert said that Ordinance 43 of 2004 was not in line with the Convention. Children with disabilities still suffered from marginalisation and exclusion. What measures were in place to ensure the inclusion of children with disabilities in communities and family life? How was the State countering neglect and institutionalisation of children with disabilities? What deinstitutionalisation efforts had been made? How did the State raise awareness of the rights of children with disabilities for parents and society as a whole? What measures had the State party taken to ensure children had access to social supports and to ensure the best interests of the child through public policies? How were such policies monitored?
Another Committee Expert said a monthly cash transfer was only issued to children with multiple disabilities. The State had no right to exclude other children with disabilities. Civil society had reported a lack of awareness raising programmes to promote the rights of persons with disabilities. What plans were in place to establish national awareness raising campaigns?
One Committee Expert said that the Constitution did not specifically guarantee equality for persons with disabilities. The suffering of persons with disabilities needed to be recognised and reasonable accommodation needed to be provided. What measures were in place to reform the Constitution to adequately guarantee the non-discrimination of persons with disabilities? Had the State included a gender and disability perspective in all policies? What mechanisms would be established to ensure the implementation of accessibility legislation?
A Committee Expert welcomed efforts by the State party to make the Convention a reality. The provisions of the Convention formed part of State domestic laws and took precedence over ordinary laws. How had the Convention been used in courts since its ratification? How had the State applied equality and non-discrimination provisions in cases of discrimination due to disability?
One Committee Expert asked for information on avenues for persons with disabilities to seek remedies for discrimination, including for sexual discrimination of women with disabilities.
Responses by the Delegation
CHEIKH AHMEDOU SIDI, Commissioner for Human Rights, Humanitarian Action and the relationship with Civil Society and head of the delegation, said a study had been conducted to assess the degree to which national legislation aligned with the Convention. The study had found inconsistencies, and a plan of action had been developed to address them. The delegation said the principle of non-discrimination was enshrined in the Constitution. The law on the elimination of discrimination defined any remarks that discriminated against persons with disabilities, as hate speech. The law considered any act that prejudiced persons with disabilities as discrimination. A draft law on violence against women and girls had been developed that addressed reasonable accommodation for women with disabilities.
The Government had adopted legislation that sought to promote the rights of women with disabilities. A 2015 decree established a quota for recruitment of persons with disabilities. 26 per cent of the persons with disabilities employed by the Government were women. Since 2018, Political parties were required to include a certain number of women with disabilities. In the current parliament, there were four persons with disabilities, including one woman. The National Association for Women included seats for organisations of women with disabilities. Legislation was also in place to ensure women with disabilities’ access to health care. 11 million women with disabilities benefited from regular cash transfers in the State, and 14 million benefited from medical support programmes. 50 per cent of financing for persons with disabilities was devoted to women with disabilities. Special disability cards gave women the right to access disability services. Women’s associations led by women with disabilities regularly held meetings with the Government and participated in awareness raising campaigns. Training in agriculture was provided to women with disabilities in rural areas.
Mauritania worked to protect children with disabilities through legal measures and a variety of projects. It was a party to the Convention on the Rights of the Child and International Labour Organization conventions relating to child labour, the sale of children and the use of children in armed conflict. Children attended compulsory education from ages six to 14. Legal instruments guaranteed the fundamental rights of children and protected them from discrimination and violence. Children’s wishes were considered in guardianship cases. A national strategy had been developed to protect children. A national council of children had also been set up that included all relevant Government stakeholders. 1,500 children with various disabilities benefited from cash transfers from the Government.
The National Council for Persons with Disabilities and the National Human Rights Commission were responsible for monitoring Government efforts to promote disability rights. Decrees relating to accessibility ensured that persons with disabilities were able to access public facilities, including hospitals and courts. There were 40 trainers educating Government officials on accommodating persons with disabilities. A census would be conducted at the end of the year that would collect disaggregated data on persons with disabilities.
Awareness raising campaigns which aimed to address stigma, had been carried out concerning all types of disabilities, with contributions from civil society and international partners. Schools were inclusive and equipped to ensure integration. One television station ensured that 50 per cent of its programmes were accessible to persons with disabilities. The official newspaper of the station was translated into sign language. Organisations of persons with disabilities were provided with a subsidy.
All Government policies and strategies were developed with the Federation of Persons with Disabilities. A Commission of Persons with Disabilities ensured discussions between persons with disabilities with the various departments of Government. There were organisations of persons with intellectual disabilities that associated with the Multisectoral Disability Council.
Discrimination against persons with disabilities was criminalised and courts had handed down decisions on discrimination cases involving disabilities. The Convention could be invoked in courts.
Decree 41 of 2007 created a disability card. Six representatives of persons with disabilities were required to be members of the commission which issued these cards. There was a programme in place to train regional staff, to decentralise awareness raising regarding the disability card system.
All Sustainable Development Goal indicators on human rights were taken into consideration in the implementation of national strategies related to human rights, especially the national strategy for the development of persons with disabilities.
Law prohibited the practice of “gifting” or “donating” women. Could the Committee provide more information on reports of this practice?
Questions by Committee Experts
ABDELMAJID MAKNI, Committee Expert and Member of the Country Taskforce for Mauritania, said he was pleased to learn that the State party had started a process to harmonise domestic legislation with the Convention. He hoped the State party would consider domestic provisions on discrimination, which were too broad and did not reference disability. Disability was only addressed in the context of hate speech. Reasonable accommodation was a necessary prerequisite for non-discrimination. There also needed to be a mention of multiple and intersectoral forms of discrimination. The definition of disability provided in the Convention considered obstacles to accessing rights. The State party should review its definition of disability within State legislation.
Mr. Makni called on the State party to consider women in all measures for persons with disabilities. There was a need to set up a mechanism for early detection of violence against women and girls and a national strategy for preventing such violence. Resources needed to be mobilised to prevent violence against women. What measures were in place to eradicate female genital mutilation, which was still practiced in the region? What efforts had been made to protect migrant women with disabilities in the country? Many children with disabilities were not included in the civil registry. Registration was the first step to accessing rights and the disability card. What efforts had been made to protect children with disabilities?
The media needed to be more involved in awareness raising measures which promoted the rights of persons with intellectual disabilities. Persons with disabilities needed effective access to information. During the COVID-19 pandemic, the first victims were persons with intellectual disabilities, due to their lack of access to information. The Ministry of Education needed to ensure that educational manuals were accessible for all.
ALFRED KOUASSI, Committee Expert and Member of the Country Taskforce for Mauritania, said the efforts made to protect the rights of persons with disabilities in Mauritania were quite satisfactory. There were reports, however, that some children with disabilities were not able to attend school. What percentage of children with disabilities of school age attended school? What were the “inclusive schools” referred to by the delegation? Were schools in regional areas truly accessible?
The Multisectoral Council was an important body, but there were reports that it did not operate properly due to a lack of will and resources. What measures were in place to ensure that the Council had appropriate resources? Did Mauritania intend to continue entrusting all disability issues to the Ministry of Social Affairs?
Legislation on accessibility was very thorough but reportedly not well enforced. What was the actual state of implementation of this legislation?
When would Mauritania truly practice inclusion in all sectors? The Observatory reportedly excluded women with disabilities. When would they be included? Women with disabilities were stigmatised in Africa. Awareness raising was needed to promote the rights of women with disabilities. What measures would the State party take to promote the rights of women with disabilities?
Young people were not involved in the National Council of Youth. Centres for educating young people did not cater for children with disabilities. When would Mauritania allow children with disabilities to participate in these bodies and fulfil its obligations under the Convention?
The Committee had received information that communities did not implement the State quota for employment of persons with disabilities. The private sector did not respect the quota. How many persons with disabilities had been hired at the community level? What measures were in place to allow persons with disabilities to take part in employment and to implement the quota in communities?
What efforts had been made to align disaster regulations with the Convention? What measures were in place to implement a humanitarian framework to protect the rights of elderly persons with disabilities? How was the State party providing persons with disabilities with information on COVID-19 and home-based care services? How many persons with disabilities were under guardianship? What measures were in place to move from the guardianship model to the supported living model? What measures were in place to provide persons with disabilities with accessible information in braille and other formats? How was the State party ensuring that persons with disabilities had access to courts, legal aid and justice? How would the State combat the practice of kidnapping children with disabilities? To what extent could persons with disabilities access personal assistance, particularly in rural regions?
A Committee Expert said they were pleased to hear that the practice of handing over women with disabilities as charity did not exist. Persons with disabilities were reportedly subjected to cruel and degrading treatment in psychiatric institutions and other detention centres. How many such cases had been reported and what compensation was provided to victims? How did the State party respond to cases of sexual abuse in institutions? How did the State monitor the implementation of prior and informed consent and punish forced sterilisation? What deinstitutionalisation policies were in place?
Another Committee Expert asked for information on community-based services to assist persons with disabilities to choose where they lived and who they lived with.
One Committee Expert asked about the percentage of persons with disabilities who held disability cards. What measures were in place to prevent risk situations for persons with disabilities? How had persons with disabilities participated in the development of disaster and risk strategies?
A Committee Expert asked how administrative and judicial authorities investigated complaints of torture. What penalties were issued for crimes of torture and slavery?
Another Committee Expert asked whether intended amendments of the Personal Status law would abolish provisions allowing child marriage, to which children with disabilities were disproportionately exposed. Legislation on legal capacity was discriminatory for persons with intellectual disabilities. Did the State party intend to abolish these provisions and replace them with human rights-based provisions which ensured the full legal capacity of persons with disabilities? What measures were in place to ensure that corporal punishment against children with disabilities was prohibited in all places? Legislation included punishments involving amputations and flogging.
One Committee Expert welcomed that the provisions of the Convention could be invoked in courts. The republic guaranteed that all citizens were equal before the law, but decisions regarding legal capacity were decided by a judge. Judges could take away the legal capacity of an individual on the grounds of disability. Could laws relating to guardianship be revoked and a supported decision-making regime implemented?
A Committee Expert asked how the concept of “audio-visual plurality” was applied. Did the State implement the norms of website accessibility of the World Wide Web Consortium? Was information provided to persons with disabilities in accessible formats such as sign language and easy read?
Another Committee Expert said that during the COVID-19 pandemic, persons with disabilities were placed in vulnerable situations. What measures were in place to address persons with disabilities in emergencies? How were persons with disabilities supported to evacuate from rural areas? What measures were in place to train civil servants on a human rights-based approach to supporting persons with disabilities in disaster situations?
Responses by the Delegation
CHEIKH AHMEDOU SIDI, Commissioner for Human Rights, Humanitarian Action and Relations with Civil Society and head of the delegation, said Mauritania had the oldest standing moratorium on the death penalty and torture in the world. For 37 years, these punishments had not been applied.
The delegation said the State had an obligation to protect women with disabilities from violence and trafficking, as this group were more vulnerable. The State had numerous provisions to prevent violence and support victims. A national observatory on women and girls’ rights had been established, and was well equipped to address situations of violence. Police units provided support to women with disabilities who were victims of trafficking or other violations. The Government supported civil society organizations specialised in women and girls’ rights, providing them with subsidies so they could support victims. There was room for improvement, however, and the Government intended to make further progress in this area. The Government had also recently created an authority to address human trafficking, which paid specific attention to women with disabilities.
Persons with disabilities had legal capacity on an equal basis with others, and received necessary support to exercise this capacity. Courts had been adapted to make them accessible for persons with disabilities. Deaf and non-verbal persons were supported by interpreters in courts.
Mauritania was a party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the State had implemented all its provisions. The State faced a crisis on its southern border with Mali, that had resulted in a massive influx of refugees into Mauritania. The State party had provided housing, education and food to these people, and had set up a centre to address their needs. Programmes had been established to facilitate vaccinations to provide appropriate care for asylum seekers when needed.
The National Observatory for Women had been set up to deal with the specific problems faced by women and girls. The representatives of civil society organizations in the Observatory appointed their representative members, which had led to no women with disabilities being appointed to the board. The Observatory’s mandate was now coming to an end, and the Government would work to ensure that women with disabilities were included in future iterations.
A rule of law programme had led to the refurbishment of all court buildings, enabling physical accessibility. There were two persons with motor disabilities in prisons who had been provided with wheelchairs. New prisons would be constructed with ramps, to ensure accessibility. All persons with a low income had access to free legal aid. Legal aid services had a budget of nearly 11 million ouguiyas. If guardians of an incapacitated person forced that person to marry against their will, they were liable to sanctions. Specific modules on human rights were included in training for judges and members of the judiciary. The Constitution stated that no person could be subjected to torture or slavery. Torture was not subject to a statute of limitations. The national preventive mechanism monitored places of detention to prevent torture. Competent authorities carried out swift and impartial investigations into all claims of torture. Corporal punishment against children was criminalised.
Persons with disabilities had an essential role to play in risk evaluation and in drafting contingency plans. Special attention needed to be paid to saving human lives and reducing the risk of disasters. The 2015 national plan on disaster risk reduction was based on the Sendai Framework. The Government had drafted a specialised strategy for protecting persons with disabilities in disaster situations and had held a forum on the topic last year. The Civil Authority for Disaster Management and Civil Protection had undertaken campaigns to prevent pollution and address displacement in disaster situations. The Ministry of Social Action had included organisations of persons with disabilities in awareness raising campaigns to prevent the spread of COVID-19. Five million ouguiyas had been provided to support families of persons with disabilities. Following the COVID-19 pandemic, the Government had developed guidelines on addressing pandemics, in consultation with persons with disabilities.
Female genital mutilation was a violation of women and girls’ rights. It was prohibited by the Health Code and the Children’s Code. The Government had set up a national strategy to eliminate female genital mutilation which had yielded significant results. Alliances between the Government, international organisations and civil society organisations had been strengthened to combat the practice. Religious leaders and doctors were targeted in campaigns. A fatwa on preventing female genital mutilation had been influential in combatting the practice in regional areas. In 2022, the Government organised 26 workshops on preventing female genital mutilation for cooperatives in provincial capitals. Workshops had also been held in 28 schools on preventing female genital mutilation.
The National Strategy on Shared Economic Growth included measures to protect persons with disabilities, drafted in collaboration with organisations of persons with disabilities. A multi-sectoral council had been set up to include disability perspectives in policies and strategies. Civil status was a basic right for all citizens. A biometric system had been set up and enrolment centres were accessible. The Government had recently implemented a campaign to encourage registration in rural areas. Sterilisation was not practiced in Mauritania. Schools had been made completely physically accessible.
The draft Law on Violence against Women and Girls criminalised and punished female genital mutilation. Persons declared guilty of female genital mutilation were imprisoned for six to 10 months. Sentences were harsher for persons who committed the act against persons with disabilities. The Government believed that this draft law would soon be adopted.
The Government had set a plan for mobilising resources during the COVID-19 pandemic. Persons with disabilities received masks and other protective equipment as well as food packages. The State paid water and electricity bills during the pandemic. The State also built a hospital to ensure high-capacity ventilators were available for persons with disabilities. 11 vehicles transported medical supplies to people in their homes. More than eight million vaccinations had been provided. The Ministry of Health had established the National Centre for Health Emergencies to respond to future pandemics.
The quota for employment of persons with disabilities was upheld within public authorities. The quota was for five per cent of posts in authorities with more than 20 employees. The State was working to prevent discrimination of persons with disabilities in the private sector. Persons with disabilities were free to access loans and join trade unions. Labour regulations were strictly upheld to benefit persons with disabilities.
The Government had set up the Multi-Sectoral Council to Promote the Rights of Persons with Disabilities, which provided support, rehabilitation and care . The Council participated in awareness raising campaigns to promote the rights of persons with disabilities and had drawn up an action plan for this. It had carried out in-depth analysis of the situation of persons with disabilities, identifying difficulties in accessing healthcare, employment and public facilities. The State party had acted on most of the recommendations issued by the Council after this study. The Council had contributed to including a disability module in the national census and establishing cash transfers for persons with multiple disabilities.
The Ministry for Social Action provided quality mobility aid devices to persons with disabilities. The equipment was tested before delivery. A distribution plan had been developed to ensure that persons in all regions could benefit from this equipment. 5,000 persons, 50 per cent of whom lived in regional areas, had benefited from these devices. There were ongoing efforts to further enhance the quantity and quality of the material provided. The budget required to acquire mobility devices had risen from 30 million ouguiyas in 2022, to 50 million in 2023.
Training was provided on using the mobility devices.
Persons with disabilities needed to provide residence permits and their national identification cards to receive a disability card. Out of 11,000 requests for the cards, 6,000 cards were printed and distributed to the various regions.
There were around 200 high-ranking officers with disabilities serving in the public sector. Education was provided for persons with disabilities in the public sectors. Offices were equipped with screens to be used by persons of small stature.
The Government had undertaken several measures to allow persons with disabilities to live where they wanted and with whom they wanted. Persons with disabilities had the right to live independently and freely in society. The State was obligated to take appropriate measures to allow persons with disabilities to access the systems and structures of society. The Multi-Sectoral Council monitored the issue of inclusion.
The education system promoted inclusive education, and deep-seated reforms had been carried out. The Government promoted equal access to schools for all. Children with disabilities attended the same schools as others. Schools needed to provide physically accessible conditions to welcome new students.
Mauritania had ratified the main human rights conventions and the African Charter on Human and Peoples' Rights. The Social Status Code set the legal age of marriage at 18. This Code was currently being reviewed. Various protection strategies had been put in place by national and regional authorities to combat child marriage. A multi-sectoral committee had implemented a national action plan to combat child marriage. Awareness raising campaigns on combatting child marriage had been held nationwide, and training workshops had been held for journalists on child marriage. The issue was addressed in the African Children’s Festival and other events.
Questions by Committee Experts
ABDELMAJID MAKNI, Committee Expert and Member of the Country Taskforce for Mauritania, asked about the extent to which Mauritania was involved in activities promoting freedom of expression for persons with disabilities on radio and television. What measures were in place to ensure appropriate communication means were available for persons with disabilities? How did the State party punish persons who violated legal provisions on secrecy? What measures were in place to promote the rights of persons with disabilities concerning child adoption?
Articles 33 and 34 of the 2006 Ordinance seemed to refer to special education for children with disabilities who could not attend mainstream education. Conditions for admitting children to mainstream schools was to be the subject of a joint decree from the Ministries of Education and Social Affairs based on affirmative action. When would such a text emerge?
What measures were in place to cover persons with disabilities who did not have disability cards? Only 13 per cent of the total number of persons with disabilities had a disability card allowing them to benefit from subsidised medical care. Was health insurance available in remote areas, and were there enough medical professionals to address the needs of persons with disabilities?
Was the Multi-Sectoral Council an advisory body for monitoring the implementation of the Convention? Could the National Human Rights Commission not have a broader mandate to independently monitor implementation? Could the State party provide it with the necessary resources to do this?
ALFRED KOUASSI, Committee Expert and Member of the Country Taskforce for Mauritania, asked about the number of persons under guardianship measures. What measures were in place to protect women with psychosocial disabilities who were being kept in places where men were present? How many women were kept in such situations? Mr. Kouassi expressed hope that the State party would take all necessary measures to overcome its shortcomings. The delegation had announced that there were plans for disaster risk reduction. What were the contents of these plans? Were specific measures for persons with disabilities foreseen?
A Committee Expert asked if the State had a comprehensive plan for promoting inclusive education. How many children with disabilities were registered in inclusive education? Were students with disabilities provided with assistive technologies? What efforts were being made to ensure that medical professionals were exposed to the human rights model in their training, and to disability sensitive training modules? Was there a comprehensive strategy to eliminate sheltered workshops? Were there persons with disabilities who were representatives in Parliament? What was the status of ratification of the Marrakesh Treaty?
Another Committee Expert asked about measures taken to punish perpetrators of rape of women with disabilities in an institution in 2019. Procedural support was not provided to women with disabilities to allow them to face a fair trial. Were parents of children with disabilities provided with support? Had funding of micro projects for persons with disabilities led to a reduction in poverty for this group? What measures were in place to promote persons with disabilities’ access to housing?
One Committee Expert asked why half of the persons who had requested a disability card had not received it. How did the State encourage families to send girls with disabilities to school? Did the State distribute information on health to persons with intellectual disabilities?
A Committee Expert said the Government had transformed a centre for deaf and blind persons into a training centre for persons with disabilities. Did centres for deaf and blind persons still exist in the country? Were these centres schools? How many children with disabilities had attended them? What was the duration of the school year? Was there a plan to shift management of the schools to the Ministry of Education? How was the State party promoting inclusive education? How was the State ensuring that persons with disabilities had the right to participate in elections?
Another Committee Expert welcomed measures implemented to combat child marriage, but said that without amending the Law on Civil Status, this issue could not be fully addressed. 60 per cent of child marriages involved girls with disabilities. Amputation and stoning verdicts had been issued in 2015 and 2016. The law needed to be amended in this regard. The provisions of the personal status law restricted legal capacity for persons with disabilities. What measures were in place to promote supported decision making?
One Committee Expert called for information on measures to promote the use of sign language and to ensure the participation of persons with disabilities in political and public life. How were persons with disabilities involved in decision-making organs of the Government?
A Committee Expert said that 5,000 persons with disabilities had been denied a disability card, and many persons with disabilities had not applied to receive a card, possibly due to the difficult application procedure. What would the State do to address this issue? What measures were in place to promote the participation of persons with disabilities in sports in Mauritania and abroad? What budget lines were allocated to these activities?
One Committee Expert asked how the State prevented harassment of women and girls with disabilities and people with leprosy. What measures were in place to ratify the African Disability Protocol? The Sustainable Development Goals were failing because persons with disabilities had been left behind. How did the State intend in promote the development of persons with disabilities and bring the Sustainable Development Goals back on track?
Responses by the Delegation
The delegation said the Constitution enshrined freedom of opinion and thought and access to information. The Law on Press Freedom promoted democratic, civil education. An independent regulator monitored enforcement of the Law. There were penalties including fines and the blocking of broadcasts due to violations. The Law on Accessibility promoted accessibility to different forms of communication. Over the last five years, sign language interpretation and captioning had been gradually implemented for television broadcasts.
The right to education was enshrined in the Constitution. The quality of all levels of education was safeguarded by the State, which had implemented a variety of measures towards this aim. Legislation stipulated that children with disabilities should, to the extent possible, attend mainstream education close to their places of residence. Children with disabilities could continue their schooling even if they failed classes. They were exempt from enrolment and tuition fees in higher education.
Decree 542 of 2014 created training centres for children with disabilities who needed a higher level of support. Teachers at the centres received specialised training. The centres were a form of special education. They included a unit for deaf children, where teaching was provided in Arabic and French sign language. There were also units within the centres for children with visual impairments, children with autism spectrum disorder and children with intellectual disabilities, as well as vocational training units for deaf children. Safe transport was provided to all education units and teaching materials were provided free of charge. Free medical appointments were also provided for children with disabilities. 743 children with disabilities, including 247 girls, were registered in the centres.
The Government aimed to provide the disability card to all persons with disabilities. There were 5,000 people who would receive the card by the end of the year. The Government was revising management of the programme to expedite provision of the cards, and had held campaigns to increase awareness of the cards in regional areas.
The State devoted one per cent of tax revenue per year to sports and cultural activities, including for persons with disabilities. Funding was used to purchase sporting equipment and to organise sporting events and cultural festivals that promoted the participation of persons with disabilities. Debates on disability were also organised by the Government and organisations of persons with disabilities.
Mauritania had launched an action plan to combat labour exploitation of children. The action plan included a roadmap, and its aims were to strengthen the legal and institutional framework to protect children; strengthen capacity building of authorities working to prevent child labour; increase children’s awareness of forced labour; and undertake activities to combat child labour. The five-year plan had ended in 2020. The Government was currently reviewing implementation of the plan and developing a new roadmap.
A delegation had been established to enhance standards of living for low-income households, including households with persons with disabilities. The delegation had introduced a cash transfer system and housing support. 100,000 households benefited from this programme, including 23,000 persons with disabilities, which represented 50 per cent of all persons with disabilities. 52 per cent of women with disabilities received benefits. 500 social housing units had been constructed in regional areas at a cost of 440 million ouguiyas as part of the programme.
A national programme to combat tuberculosis and leprosy had been in place since the 1990s. The programme provided parking spaces to persons with tuberculosis and leprosy.
The State had taken legal and institutional measures to promote access to political institutions, including Parliament, for persons with disabilities. Legislation on political participation had been amended in 2021 to guarantee that two persons with disabilities were included in the national electoral lists and the electoral list for women. As a result of these measures, four persons with disabilities had been elected to Parliament, including one woman.
The Government planned to ratify the Marrakesh Treaty in the very near future. The State party was also interested in ratifying the African Disability Protocol and would work to implement the African Charter on Human and Peoples' Rights.
A workplan was in place for training health staff working in rehabilitation centres for persons with disabilities. A national centre on intellectual impairments had been established to provide specialised care to persons with disabilities. A national programme was also in place to address the health needs of persons with intellectual disabilities. The Ministry of Health provided equal access to its wide-ranging health services. Healthcare facilities were compliant with accessibility regulations.
Closing Statements
AHMED SALEM BOUHOUBEYNI, National Commission on Human Rights, said the Government needed to rollout a major awareness raising campaign, as much remained to be done. The Commission had identified several persons with disabilities in rural areas who were not registered with the Government and did not possess disability cards. Many persons with disabilities thus could not enjoy certain rights. The Government needed to undertake reforms to legal aid, to transfer the authority determining provision of legal aid away from the prosecutor’s office to the criminal field. Access to licenced interpretation in courts needed to be increased. The national orthopaedic and rehabilitation centre needed to be strengthened in regional areas of the State.
CHEIKH AHMEDOU SIDI, Commissioner for Human Rights, Humanitarian Action and Relations with Civil Society and head of the delegation, expressed thanks to the Committee for the quality of its statements, recommendations and questions. The State party would work to follow-up on the Committee’s concluding observations through its dedicated follow-up mechanism, and would disseminate the concluding observations. The Government was committed to promoting the rights of persons with disabilities at all levels and to implementing the Convention. It requested more support from the international community in its efforts to promote and protect human rights.
ALFRED KOUASSI, Committee Expert and Member of the Country Taskforce for Mauritania, expressed pleasure in hearing that the State party would consider the recommendations of the Committee. The State party needed to ensure that persons with disabilities truly benefitted from its disability measures.
ABDELMAJID MAKNI, Committee Expert and Member of the Country Taskforce for Mauritania, said that the dialogue had shed light on the situation of persons with disabilities in Mauritania. Mr. Makni expressed hope that the State party would consider the Committee’s recommendations. All countries reviewed by the Committee had a responsibility to raise awareness concerning the rights of persons with disabilities. The State party needed to involve lawmakers and policy makers in the follow-up process to ensure that all the Committee’s recommendations would feature in legislation.
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CRPD23.017E