Morocco – IMM situation

IMM name: The National Mechanism for the Protection of the Rights of Persons with Disabilities of the National Human Rights Council

IMM type: National Human Rights Institution

CRPD ratification date: 8 April 2009

IMM legal framework: The Disability Mechanism was established by Law 76.15 adopted in 2018. This law significantly broadens the mandate of the CNDH by entrusting it with the functions of three mechanisms provided for by international human rights instruments. These are the National Preventive Mechanism against Torture, the National Child Redress Mechanism and the National Mechanism for the Protection of the Rights of Persons with Disabilities. Article 19 of the CNDH Law provides for the Disability Mechanism’s Mandate.

Morocco ratified the CRPD on 8 April 2009. The National Human Rights Council of Morocco (CNDH) was designated in 2018 as the National Mechanism for the Protection of the Rights of Persons with Disabilities (Mechanism). The Disability Mechanism was established by Law 76.15, adopted in 2018. This law significantly broadens the mandate of the CNDH by entrusting it with the functions of three mechanisms provided for by international human rights instruments. These are the National Preventive Mechanism against Torture, the National Child Redress Mechanism and the National Mechanism for the Protection of the Rights of Persons with Disabilities. Article 19 of the CNDH Law provides for the Disability Mechanism’s Mandate. The three members of the Mechanism were appointed from the CNDH members following the CNDH first general assembly, held on 21 September 2019. Also, the Coordinator of this mechanism was appointed on the same occasion. Before the designation of the CNDH as a mechanism for persons with disabilities, several consultations with various stakeholders have been organized since 2012. The CNDH has also organized different seminars regarding the role of this mechanism with civil society, human rights defenders, government departments and international stakeholders.

The Independent Monitoring Mechanism is a National Human Rights Institution and is not part of a Monitoring Framework consisting of another or other entities. The Disability Mechanism consists of three members, a structure that takes into account the principles of diversity as well as specialization in the legal and human rights fields, thus enabling it to carry out its mandate fully. Furthermore, the Disability Mechanism has its own staff and coordinates with other departments and regional commissions of the CNDH for the promotion and protection of the rights of persons with disabilities.

The CNDH is a constitutionally mandated independent NHRI. It was established in 1990 and has been accredited with “A” status since 1999, testifying to its full compliance with the Paris Principles. According to article 19 of Law No. 76.15, the CNDH Disability Mechanism is mandated to:

• Receive complaints submitted either directly by a person with disabilities, victims of violations, by their representatives, or by others, in the case of a right’s violation
• Conduct all investigations on the topic of, examine, process and respond to the complaints received
• Organize hearings and invite the parties concerned with the violation or complaint, together with witnesses, experts and anyone deemed useful to hear from
• Handle a case at its own initiative in the event of a violation of the rights of persons with disabilities brought to its attention, on the condition of informing the person concerned and ensuring that the person does not object to this Mechanism’s intervention
• In case of an actual violation of one of the rights of persons with disabilities that have led to serious harm, the CNDH President shall inform the relevant judicial authorities and provide all information, data and documents available to the Mechanism regarding this case.

The Mechanism is also in charge of reinforcing the rights contained in the Convention on the Rights of Persons with Disabilities and its Optional Protocol. The Mechanism/CNDH also interacts with the UN system. It participates in the sessions of the Human Rights Council. As for interaction with the CRPD, the Mechanism presented in March 2021 a written and oral contribution on the deinstitutionalization of Persons with Disabilities.

The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training, and capacity building: Since its establishment, the mechanism has organized several activities relevant to the promotional mandate. For example, the Mechanism organized two online campaigns. The first one was carried out in 2020 on discrimination against women with disabilities. The second one, held in 2021, was specific to the participation of women with disabilities in political and social life. Each campaign lasted eight weeks; Arabic, Amazigh, and sign languages were used;
• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting. The Mechanism handled 28 and 41 complaints and individual cases in 2020 and 2021, respectively. Upon investigation, the Mechanism approached the different stakeholders to resolve some cases and submitted its recommendations to the relevant authorities
• Monitoring the implementation of the CRPD. The mechanism monitors the implementation of the CRPD and makes its own recommendations to the relevant actors. For instance, the Mechanism carried out five visits to centers hosting children with disabilities to monitor the situation of children's rights who receive education in those centers.

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State. Since its establishment, the mechanism has developed two action plans: one in 2020 and the other in 2021. Both plans include the monitoring of the State’s obligations under the CRPD
• Evaluating policy, legislative and administrative compliance with the CRPD. The Mechanism evaluates the legal and political framework through different seminars and meetings with the relevant actors. For example, the Mechanism organized a national dialogue on legal capacity. The aim of this dialogue was to search for effective and reasonable avenues to achieve balance and complementarity between the need for states parties to acknowledge that persons with disabilities enjoy legal capacity on an equal basis with others and to take appropriate measures to provide them with the necessary support in the exercise of their capacity
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State. The Annual Reports of 2019 and 2020 contain several recommendations on the harmonization of the national legal framework with international standards
• Initiating or undertaking research studies on the rights of persons with disabilities
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes. The Mechanism attaches particular importance to the promotion of the rights of women and girls. Every year, the mechanism undertakes an eight-week campaign on the discrimination against women and girls with disabilities
• Undertaking investigations on the rights of persons with disabilities: Since its establishment, the Mechanism has undertaken several investigations, particularly into the procedures of complaint handling
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms. The CNDH submitted an alternative report to the CRPD in 2017, prior to the establishment of the Mechanism.
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD: The Mechanism coordinates through the CNDH with the other two national mechanisms. The CNDH signed an MoU with the parliament that was updated in 2021. Cooperation with the parliament aims to harmonize national legislation and practice with international standards.  

Participation of person with disabilities in the monitoring process:

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. The staff of the mechanism includes an expert person with disabilities. Several regional human rights commissions include in their membership persons with disabilities. These commissions work closely with the Disability Mechanism. Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism or framework. In terms of the process of selecting and appointing members to the IMM, civil society organisations are consulted before the designation of the CNDH members. It should be recalled that at its first ordinary session held on 21 September 2019, in Rabat, the CNDH General Assembly installed the Mechanism, whose coordinator and members were chosen from among the members of the CNDH, on the proposal of its President, and approved by the CNDH General Assembly in accordance with the CNDH founding Law No. 15-76 and internal regulations. The Mechanism is now operational, has separate offices within the CNDH headquarters and is provided with the necessary logistical means, financial autonomy and a highly qualified support team.

The activities persons with disabilities and their representative organisations participate in the monitoring process include monitoring of public policies and legislation concerning persons with disabilities. Persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism, they have a voice throughout the deliberations. Persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism. The Mechanism usually engages persons with disabilities to contribute to the mandate of the Mechanism and share their expertise.

Persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism. The Mechanism receives complaints from persons with disabilities, victims of violations, their representatives, or others. Persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism. The Mechanism engages persons with disabilities in almost all activities relating to the monitoring, especially regarding the monitoring of legal and political frameworks.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org