The Committee on the Rights of Persons with Disabilities today concluded its review of the combined second and third periodic report of Mauritius, with Committee Experts commending the State party on its commitment to an inclusive society, while asking questions about how the State assisted persons with disabilities during natural disasters and on inclusive education.
Samuel Kabue, Committee Expert and Taskforce Coordinator, congratulated Mauritius for its efforts to progress its obligations under the Convention in line with its high principles of democracy, the rule of law, and the protection and promotion of human rights. The Committee was glad to hear that the State remained committed to growing the country as an inclusive society, where nobody was left behind, whether socially, economically or financially.
Laverne Jacobs, Committee Expert and Taskforce Member, asked what procedures had been put in place to evacuate persons with disabilities in emergencies, including natural disasters? Mauritius was prone to disasters such as cyclones, and this risk had only increased. How were persons with disabilities who were at risk identified? Was information provided in sign language?
Rehab Mohammed Boresli, Committee Expert and Taskforce Member, said the Committee understood there was a plan for integrated education, but some students with disabilities were separated for their education. What measures had been enacted to ensure an integrated education, enabling all students to attend the same educational facilities as their peers? What steps had been taken by the Ministry of Education to ensure that private education facilities also guaranteed full education for persons with disabilities? What measures were being taken to render universities accessible to learners with disabilities?
The delegation said the list of persons with disabilities living in flood prone areas had been communicated to the Government to ensure that in situations of risk, appropriate assistance was given to them. An action plan was available. Concerted efforts were made to evacuate persons with disabilities as quickly as possible. The National Disaster and Risk Reduction Management Centre had developed a video clip, including sign language, to sensitise the population on the impact of bad weather, including cyclones and flash flooding, and the basic precautionary measures to be taken before, during and after the natural disaster.
The delegation said the State party had made tremendous efforts to promote an inclusive education system. A student would only attend a specialised school with a proper assessment. The special needs school assessment was set up to ensure the progression to inclusive education. There were seven resource centres throughout the country for children with severe disabilities, aiming to ensure they were fed into mainstream schools. All secondary and tertiary education was accessible. As of March 2024, there were 46 students with disabilities in universities.
Fazila Daureeawoo, Minister of Social Integration, Social Security and National Solidarity of Mauritius and head of the delegation, said that in April this year, the Legislative Assembly of Mauritius enacted the Protection and Promotion of the Rights of Persons with Disabilities Act, which was in line with the provisions of the Convention. The new legislation was the result of wide consultations with non-governmental organizations, Government entities, and the private sector. Today, the monthly basic invalidity pension stood at 292 USD, representing a 691 per cent increase since 2014. The eligibility criteria for the basic invalidity pension had been reviewed, broadening the net of those eligible.
In concluding remarks, Ms. Daureeawoo said the review had been very important and the Committee's questions and recommendations were very much appreciated. As a small island developing State, Mauritius had constraints, but this did not deter its efforts. The State party was making efforts towards a more inclusive democracy, keeping its commitment to the Convention in mind.
Mr. Kabue, Committee Expert and Taskforce Coordinator, expressed gratitude for the frank and interactive dialogue which had been held with Mauritius. More needed to be done, including improving the participation of persons with disabilities through their representative organizations. The Committee also noted the need for harmonisation of the different definitions of disability in various documents, as this had an impact on how persons with disabilities were viewed. These and several other areas required urgent attention.
The delegation of Mauritius was comprised of representatives of the Ministry of Social Integration, Social Security and National Solidarity; the Ministry of Education, Tertiary Education, Science and Technology; the Ministry of Health and Wellness; the Ministry of Gender Equality and Family Welfare; the Ministry of Light Rail and Transport; the Ministry of Youth Empowerment, Sports and Recreation; the Ministry of Local Government and Disaster Risk Management; the Ministry of Technology, Communication and Innovation; the Ministry of Public Services, Administrative and Institutional Reforms; the National Land Transport Authority; the Special Education Needs Authority; the Solicitor General; and the Permanent Mission of Mauritius to the United Nations Office at Geneva.
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 thirty-first session and other documents related to the session can be found here.
The Committee will next meet in public at 3 p.m. on Tuesday, 27 August, to review the combined second and third periodic report of Ukraine (CRPD/C/UKR/2-3).
Report
The Committee has before it the combined second and third periodic report of Mauritius (CRPD/C/MUS/2-3).
Presentation of Report
USHA CHANDNEE DWARKA-CANABADY, Permanent Representative of Mauritius to the United Nations Office at Geneva, introduced the delegation of Mauritius.
FAZILA DAUREEAWOO, Minister of Social Integration, Social Security and National Solidarity of Mauritius and head of the delegation, said there were 86,607 persons with disabilities in Mauritius, representing 6.8 per cent of the population, according to the Census conducted in 2022. The Government remained committed to growing an inclusive society where nobody was left behind, and issues concerning persons with disabilities remained high on the national agenda. In April this year, the Legislative Assembly of Mauritius enacted the Protection and Promotion of the Rights of Persons with Disabilities Act, which was in line with the provisions of the Convention. The Act further provided for the establishment of a National Empowerment Authority, the main body for the implementation of the Act. The new legislation was the result of wide consultations with non-governmental organizations, Government entities, and the private sector.
Today, the monthly basic invalidity pension stood at 292 USD, representing a 691 per cent increase since 2014. The eligibility criteria for the basic invalidity pension had been reviewed, broadening the net of those eligible. The Government also provided assistive devices such as wheelchairs, spectacles, hearing aids and dentures to beneficiaries, including persons with disabilities. New legislation imposed employment quotas in both the public and private sectors. The legislation stipulated that any organization employing 50 to 100 employees needed to employ at least one person with a disability. For any organization with 101 to 200 employees, at least two persons with a disability must be employed. A new Disability Action Plan 2025-2030 was being revised, which would offer a blueprint for change in the mindset towards persons with disabilities and would set sustainable goals, benchmarks and indicators.
Mauritius had made reservations on two articles of the Convention: articles 9 and 24. Regarding article 9, while there were challenges in the area of building control, the State had made progress. Public buildings, including the five regional hospitals, medical clinics and area health centres across the island had been retrofitted with lifts, handrails, ramps and adaptive toilet equipment. Eighty-seven per cent of the secondary and tertiary institutions were adapted to the needs of students with disabilities, and most police stations and three prisons had facilitated accessibility features. Police and prisons officers were trained to attend to the needs of individuals with disabilities and sign language interpreters were available as necessary. While Mauritius currently was not in a position to withdraw its reservation to article 9, the commitment to withdrawal remained steadfast.
Mauritius had also placed a reservation on article 24 of the Convention. The Government was making efforts to ensure that persons with disabilities could benefit from educational facilities. In 2019, the Special Education Needs Authority was set up to monitor and facilitate the implementation of special education needs policies of Mauritius. Presently, there were 78 special education needs schools, including 11 integrated units and seven special needs resource and development centres which catered for the education of children with disabilities. Given the efforts being undertaken by the Government, Mauritius reaffirmed its commitment to remove its reservation to article 24 in the future.
Policies, strategies and actions had been taken to better protect women from violence, including women and girls with disabilities. The Government of Mauritius had reviewed the legislative framework and replaced previous pieces of legislation by three separate acts, namely the Children's Act 2020, the Child Sex Offenders Register Act, and the Children's Court Act. Section 4(2)(e) of the Children's Act 2020 specifically provided for the needs of the child for its development, including any special needs which may be due to a disability. Ms. Daureeawoo concluded by acknowledging the contribution of all public institutions and civil society organizations that strove continuously to improve the lives of persons with disabilities.
Questions by Committee Experts
SAMUEL KABUE, Committee Expert and Taskforce Coordinator, congratulated Mauritius for its efforts to progress its obligations under the Convention in line with its high principles of democracy, the rule of law, and the protection and promotion of human rights. The Committee was glad to hear that the State remained committed to growing the country as an inclusive society, where nobody was left behind, whether socially, economically or financially. However, the Committee was concerned that persons with disabilities were not meaningfully involved in the processes aimed at improving their lives in the State, including the development of legislation, policies, and programmes. The Committee was also concerned about the disability assessment criteria in the country, under which State benefits and social protection were administered, as they tended to exclude persons whose disabilities were not visible. The Committee looked forward to the dialogue for clarification of these issues.
What plans were in place for the harmonisation of the different definitions of persons with disabilities in State documents, including the new Persons with Disabilities Act? What were the criteria of assessment of persons with disabilities that were still highly medicalised? There were positive moves with the intended withdrawal of reservations on articles to the Convention; what steps had been taken towards this? Why did the State believe that the reservation on one of the articles could not be withdrawn? How was the State's strategic plan 2021-2026 being implemented? How were persons with disabilities involved? Were the National Disability Authority and the National Empowerment Authority the same body? How were persons with disabilities participating within these bodies?
Had the State ratified the Optional Protocol as per the Committee's past recommendations? What progress had been made to amend certain articles of the Constitution to align them with the Convention and the human rights model of disability, including disability as prohibited grounds of discrimination? What was the accessible and effective mechanism for complaints and redress in cases of violations of the rights of persons with disabilities?
What measures had been taken by the State to combat multiple forms of discrimination faced by women and girls with disabilities in health services, education and public life? How were women and girls with disabilities included in the National Women's Council? Which national action plans and policies aimed to combat multiple and intersectional forms of discrimination against women? The Committee had received information that the hotlines in place did not work. Why was this?
What was the status of the Government review of the legislative framework on children and its replacement by three other separate acts? How did these address children with disabilities? Buildings that were not accessible still continued to be built. What was the monitoring process? How were persons with disabilities involved? In 2012, a database had been developed with disaggregated data. Was this database still in use? How did disability certification affect the collection of data?
Responses by the Delegation
The delegation said the State party firmly believed in inclusion and participation. When decisions were made, it was ensured that persons with disabilities had the right to express their views freely on matters concerning them. For example, the Ministry would not have proceeded with the new disability law without including the voices of persons with disabilities in the process. A big workshop had been organised with persons with disabilities, civil society, representative organizations and the Government, to ensure they could have their say in what the legislation looked like.
A person suffering from a disability of 60 per cent or more could apply for the basic invalidity pension. Examination assessment was undertaken by the medical board. Assessment was made on the basis of the National Pension Act and medical guidelines. The medical guidelines were being reviewed to ensure they were up to date with the new policies set out by the World Health Organization. If a person's application for the pension was rejected, they had the option to appeal to a medical tribunal. The mechanism was just and fair.
Mauritius had two reservations to the Convention on articles 9 and 24. With accessibility, there could not be one solution to suit everyone, and so integrating norms in the design or social housing was about creating an inclusive, built society. The State was making steps to remove the two reservations, but more time was needed. The State had begun implementing the Strategic Action Plan, but had to stop as they were working on new legislation to better protect the rights of persons with disabilities. The State was creating a new Disability Action Plan 2025-2030 and planned to consult with persons with disabilities on this. Most of the actions of the previous plan were implemented.
The National Empowerment Authority was an important complement of the Protection and Promotion of the Rights of Persons with Disabilities Act, as the State authority would have to liaise with other stakeholders to create new policies and strategies. The National Empowerment Authority was the new name of the National Disability Authority. The State had not yet ratified the Optional Protocol due to the reservations to two articles of the Convention. Mauritius was working towards the ratification but it was a lengthy procedure. The proposal to amend the Constitution had been made and debates had been held. Now that the new Disability Act was in place, due consideration was being given to Constitutional amendments.
Individuals could lodge complaints with the office of the Ombudsman, including on accessibility issues. Mauritius was committed to strengthening its complaints mechanism to ensure persons with disabilities had effective avenues for seeking redress. Persons with disabilities could also seek recourse under many acts and institutions within the country. Government hotlines were available and complaints could be made at police stations.
Surprise checks were carried out on the hotlines to see if they were working. On one occasion, there was no response from one hotline. It would be helpful to have the number on which there had been no response. Several measures had been implemented to combat multiple discrimination faced by women and girls with disabilities. In particular, the national gender policy 2022-2030 recognised the compounded disadvantages faced by women and girls with disabilities. The Women's Council provided programmes inclusive of women with disabilities. Amongst the 1,000 women entrepreneurs, five of them had disabilities. Talks were held on a regular basis on a variety of subjects, and women actively participated in the discussions, with their views taken into consideration.
The Children's Act took into account several important documents, including the United Nations Convention on the Rights of the Child. Sufficient care had been taken in the Children's Act to better protect children and ensure their rights and dignity were fully respected.
The State had developed a regulation in 2017 which played a vital role in ensuring that all buildings were accessible. Some works had started, but the State acknowledged there were budget constraints and the regulation was being carried out in a phased manner. An appeal had been made to the Government and private sector to render buildings accessible to the best of their ability. The database currently held data of all persons with disabilities in the country. The State was working on an e-social security project which would help with data collection.
Questions by Committee Experts
A Committee Expert asked for data disaggregated by sex and disability. How many persons with disabilities were receiving subsidies and grants? Could data be provided on the number of children and adolescents in street situations with disabilities?
Another Expert asked how the organizations of persons with disabilities were engaged in the preparation of the periodic report submitted to the Committee and in the preparation of the national action plan?
A Committee Expert asked how women with disabilities participated in the decision-making structure of the Government on disability and women's policy? What was the current employment rate of women with disabilities in Mauritius? What were the main barriers that they faced in accessing employment? Had there been any cases of discrimination against women with disabilities in the past five years and how had they been addressed?
SAMUEL KABUE, Committee Expert and Taskforce Coordinator, said the Committee understood that Mauritius had signed several documents of international cooperation with some countries, some of which had to do with disability. How had persons with disabilities been involved? How had they participated in the various memoranda of understanding involving international cooperation?
An Expert asked how representatives were selected for various empowerment committees? The issuing of an invalidity certificate by doctors was discriminatory. How could this assessment by doctors be changed to move away from the medical approach assessment to a human rights approach?
Responses by the delegation
The delegation said Mauritius had disaggregated data on disability. The statistics used the Washington Group set of questions. The last Census was conducted in 2022. The State party had a national mechanism for reporting which was a national platform for consultation on all international instruments to which Mauritius was a signatory. The independent monitoring mechanism, as recommended by the Convention, included four representatives, each supporting one of the four categories of disabilities. The State was trying its best to involve persons with disabilities in all State efforts. No relevant policies, programmes or strategies were decided without the input of persons with disability.
The Ministry of Gender held wide consultations, including with persons with disabilities, on the drafting of the domestic abuse bill. Women with disabilities were provided with an opportunity to express their views on policies and programmes related to them. It was unclear whether the memoranda of understanding took into account the opinion of persons with disabilities. This was a good learning point for the future. According to the 2022 census, a total of 6,900 persons with disabilities were in active employment. The four representatives were appointed by the Minister.
The State was moving from a medical approach to a social and human rights-based approach; this process had been ongoing for one year. Invalidity certificates were not issued by doctors, this had never been done. Invalidity pension assessments were done by medical professionals, but an invalidity certificate was not issued.
Questions by Committee Experts
LAVERNE JACOBS, Committee Expert and Taskforce Member, asked whether the reservation on article 11 had been lifted by Mauritius. What procedures had been put in place to evacuate persons with disabilities in emergencies, including natural disasters? Mauritius was prone to disasters such as cyclones, and this risk had only increased. The Committee noted with appreciation that the State had enacted its National Disaster Risk Reduction Act of 2016 and the National Disaster Risk Reduction Centre, which was in the process of implementing a multi-hazard alert system. Were organizations of persons with disabilities consulted in the development of this system? How were persons with disabilities who were at risk identified? What were the repercussions if the local authorities did not collect data? Was information provided in sign language? If not, how did persons with hearing impairments receive information in sign language? How many persons with disabilities had gone through the safety evacuation training? What mechanisms existed to ensure the system was working? How were officials trained to conduct safety evacuations of persons with disabilities?
Having gone through the COVID-19 pandemic, how had Mauritius worked to building back better in disasters, particularly relating to persons with disabilities? What had been learned from the pandemic? Were there plans to include persons with disabilities in climate change action plans to ensure their safety?
Articles in the Mauritius Civil Code indicated that people must be placed into guardianship if they exhibited signs of a psychosocial disability, where they faced limitations on what they could do. Did Mauritius provide for supported decision-making? If this was not available, what measures was the Government taking to institute supported decision-making in laws and polices?
The Committee wondered when all courts across the State party would be rendered accessible. What was the procedure for persons with disabilities who required accommodation during a hearing? How were they made aware of these steps? Reports had been received of inadequate training of police officers. How were officials trained? Were they trained on the Convention and the human rights model of disability? Could data on the number of cases involving persons with disabilities be provided?
Responses by the Delegation
The delegation said there was no reservation to article 11 of the Convention. The list of persons with disabilities living in flood prone areas had been communicated to the Government to ensure that in situations of risk, appropriate assistance was given to them. An action plan was available. Concerted efforts were made to evacuate persons with disabilities as quickly as possible. The National Disaster and Risk Reduction Management Centre had developed a video clip, including sign language, to sensitise the population on the impact of bad weather, including cyclones and flash flooding, and the basic precautionary measures to be taken before, during and after the natural disaster. The video clip was being broadcast on television at peak time.
During cyclones or other bad weather, the Government tried to contact persons with disabilities to see if they required additional support. Persons with disabilities and other vulnerable people were encouraged to keep their medication in their emergency kits to ensure they were well equipped while being evacuated. The State was in a position to manage the situation, due to direct contact with the main disaster management centre. Immediate actions were taken to provide support and help. Simulation exercises were carried out in special education needs schools and residential care homes with appropriate communication aids. This ensured that persons with disabilities were well versed in emergency circumstances.
Mauritius was forced to close its borders during the COVID-19 pandemic, impacting the tourism sector. To mitigate the impact of the pandemic, Mauritius adopted a host of measures for the population, including for persons with disabilities. For example, the State established a COVID-19 solidarity fund to provide financial support to persons and organizations that had been affected by the pandemic. For two months, the basic invalidity pension was delivered in person to vulnerable people at home. This was because there were 58,000 beneficiaries who usually went to the post office to cash their pensions. For this reason, the Government had decided to deliver pensions to beneficiaries personally at home to mitigate risk. Climate change had had serious consequences on Mauritius, and persons with disabilities were among the most vulnerable groups. Targeted groups of persons with disabilities were educated on the issue of climate change.
The State party maintained that an individual could not lose their legal capacity due to disability. Guardianship was not exercised lightly, but was done in strict compliance of the law, and only if it was determined that it was in the best interest of the person. This was a decision of the court when an individual was unable to express their own free will. A court order was only issued if it was in the best interest of the person with the disability.
The new Supreme Court building had been made accessible to persons with disabilities. Arrangements were made to hear cases involving persons with disabilities on the ground floor. Persons with disabilities who could not afford legal representation could apply for legal aid. The Court Act in Mauritius permitted the appointment of interpreters, including for sign language. These services were provided free of charge in all proceedings. During court proceedings, Braille could be made available to accused parties, upon request. Special units within the police worked to attend to the requests and needs of persons with disabilities when there was a legal issue. Counselling was provided to victims of abuse as and when required. In certain exceptional circumstances, when a person could not attend court because of a certain disability, the court would move to the house of the person. The legal aid criterium was being revisited to ensure it could be awarded to more people. Seminars were organised by the national Human Rights Institution for Persons with Disabilities on the Convention to provide training to law enforcement officials.
Questions by Committee Experts
LAVERNE JACOBS, Committee Expert and Taskforce Member, said the Mental Health Commission examined involuntary admissions to hospitals and health centres to ensure that no patient was admitted against their will. Enquiries were conducted by the Commission. Could more information be provided on how these enquiries were conducted? Were they based on the human rights definition of disability? Had the officials working in the Commission been trained on the Convention? How effective had the enquiries been? Were there any measures to stop involuntary admissions before they occurred?
How independent was the Mental Health Commission? Who appointed the members? Did it have independent funding? How easily could members be removed? Were persons with disabilities involved in the creation of this oversight mechanism? How many involuntary detentions had there been in the past five years? What mechanisms were used to ensure the monitoring of all institutions, including shelters and prisons? Was there a complaints mechanism available for persons with disabilities who experienced violence in these institutions? What was the type of in-home support for persons with disabilities? Was there educational support for in-home assistance?
SAMUEL KABUE, Committee Expert and Taskforce Coordinator, said information had been received that shelters were not accessible for women in wheelchairs. Hotline 172 worked intermittently and hotline 199 barely worked. Why were vehicles only provided to persons with disabilities who had jobs?
