جدول المحتويات:
North Africa
Algeria’s 2015 report under the Convention states that the Government signed an agreement with Handicap International (now known as Humanity & Inclusion) in 2011 to ensure the quality of care and services for persons with disabilities, and to further deinstitutionalization processes, specifically for children .[1]As of 2016, current projects from this partnership with Humanity and Inclusion include efforts to support inclusive education in the districts of Setif and Tizi Ouzou and to improve access to community-based rehabilitation services for children and adults in Western Saharan camps .[2]Algeria’s CRPD report also mentions the deployment of local solidarity units by Algeria’s Social Development Agency to monitor the implementation of Article 19.
Djibouti’s 2016 report stated that due to the cultural importance of family ties, there are currently no residential care facilities for persons with disabilities in the country.[3] In the early 1990s, in response to internal armed conflict, the State created a rehabilitation center to provide treatment to persons who had acquired disabilities in the war, though this center has now closed. According to its report, Djibouti has since allocated two districts of subsidized housing to war veterans with disabilities.
Egypt signed the Convention in 2008 but has not yet submitted its first report to the Committee. In 2018, Egypt passed Law No. 10 on the Rights of Persons with Disabilities, the first update to the country’s disability legislation since 1975.[4] The law notably supports inclusion through prohibiting educational institutions from rejecting students on the basis of disability. UNICEF has worked with Egypt to support inclusive education for children with disabilities, providing technical assistance to 120 schools throughout 2015.[5]
Libya ratified the Convention in 2018 but it has not yet reported to the Committee. The country’s national disability legislation, Law No. 5 on Disabled Persons, has not been updated since 1987.[6]The law suggests that persons with disabilities should reside with their families and only be provided with accommodation when necessary: the National Libyan Organization for the Development of Disabilities has criticized this aspect of the law as limiting the autonomy of persons with disabilities.[7] In late 2018, Libya’s Ministry of Labour and UNDP brought together public officials and organizations of persons with disabilities to discuss a variety of issues, including community integration, through an initiative called “No One Left Behind.”.[8]
Mauritania’s 2017 report to the Committee does not mention any measures taken to protect independent living under Article 19. The country’s overarching law on the Protection and Promotion of Persons with Disabilities was adopted in 2006, though the country’s constitution does not contain articles on disability.[9]
According to its 2015 state report to the Committee, in 2006 Morocco adopted Act No. 14-05 to regulate the establishment and operation of social care institutions to ensure service quality. The Ministry of Family, Solidary, Equality and Social Development was tasked with licensing, monitoring, inspecting and evaluating institutions that cater to the needs of persons with disabilities .[10]Act 14-05 was replaced by Act No. 65-15 of 2018 which further strengthened the governance and monitoring of institutions. Several past reports have called attention to the specific challenges faced by children with disabilities in Morocco’s institutions, particularly children who have been orphaned or abandoned.[11] Human Rights Watch [12]has urged the Committee to question the Moroccan Government on its efforts to collect data on, support and deinstitutionalize abandoned children with disabilities. A field visit conducted by the International Solutions Group revealed that childhood integration in Morocco varies widely according to disability type. For example, children and adolescents with mobility issues were generally included in mainstream classroom environments, while young people with psychosocial disabilities were frequently placed in specialized centers.[13]The Committee’s concluding observations for Morocco recommended that the State party adopt a deinstitutionalization strategy that includes provisions for collecting data on abandoned children living in institutions.[14]
Sudan’s 2014 report under the Convention states that independent living and community inclusion are protected through the country’s 2009 Disability Care Act, under which persons with disabilities have the right to obtain residential land .[15]However, the report also mentions that the Disability Care Act contains provisions for the sheltered housing of persons with disabilities. In their concluding remarks to Sudan, the Committee urged the State Party to adopt a strategy to ensure independent living.[16]
Tunisia’s report from 2010 stated that the Government recognizes the right of persons with disabilities to live in the community and to choose their place of residence. While the report does not directly reference any established laws ensuring deinstitutionalization, Tunisia’s Law No. 83 (2005) contains articles relevant to independent living and social inclusion. Many of these articles are related to housing policy, such as Article 13, requiring accessible residential units in all public housing blocks, and educational inclusion, such as Article 19, which stipulates that all Tunisian schools must admit students regardless of disability status .[17]Following Tunisia’s submission, the Committee did not directly comment on Article 19 implementation. However, the Committee’s observations on Article 14 on liberty and security of the person included a recommendation that the State party repeal all legislation that allows for the deprivation of liberty on the basis of impairment, and in doing so review all cases of persons with disabilities who may be deprived of their liberty in “hospitals and specialized institutions”.[18]
The adoption of the Convention has provided a valuable global framework for monitoring actions taken by countries to protect the rights of persons with disabilities. Most reports submitted by Arab States indicate the use of institutions to provide care and services to persons with disabilities, but the majority do not distinguish between residential and non-residential centers. This lack of differentiation inhibits a full understanding of the extent of institutionalization in the region. Tracking all centers that provide services to persons with disabilities is a beneficial first step, but in their efforts to implement Article 19, Governments should separately collect data on spaces that specifically house persons with disabilities in residential accommodations. In its guidance and feedback, the Committee has also recognized the gap in data in many Arab States and called on them to provide statistical information on policies and programmes implemented in line with the Convention, along with robust and disaggregated statistical data on persons with disabilities and violations of their rights.
[1] CRPD, 2015b.
[2] Handicap International, 2016.
[3] CRPD, 2017c.
[4] Salabi, 2018.
[5] UNICEF, 2017.
[6] ESCWA, 2018.
[7] National Libyan Organization for the Development of Disabilities, 2014.
[8] UNDP, 2018.
[9] ESCWA, 2018.
[10] CRPD, 2015a.
[11] UNICEF, 2010; Handicap International, 2015; Human Rights Watch, 2017.
[12] 2017.
[13] ISG, 2016.
[14] CRPD 2017e.
[15] CRPD, 2015f.
[16] CRPD, 2018.
[17] CRPD, 2010.
[18] CRPD, 2011, p.4.