Burkina Faso – IMM situation

IMM name: National Multisectoral Council for the Protection and Promotion of the Rights of Persons with Disabilities (COMUD/Handicap)

IMM type: New established entity

CRPD ratification date: 23 July 2009

IMM legal framework: A decree, notably Decree No. 2012-406 /PRES/PM/MASSN/MEF of May 15, 2012, has been issued to formalize the independent monitoring mechanism. Previously a law N° 2010-012/AN on the protection and promotion of the rights of people with disabilities was first passed on April 1, 2010. Under the terms of article 56 of the aforementioned law, a decree was issued to set up the COMUD/Handicap. Once the representatives had been appointed, a decree from the minister in charge of social action was issued to appoint the members of COMUD/Handicap for a 3-year term, renewable once.

Burkina Faso ratified the CRPD on 23 July 2009. IMMs designation process involved discussions with all state and non-state actors involved in the field of disability, and at the end of these exchanges, Law N° 2010-012/AN on the protection and promotion of the rights of persons with disabilities was first passed on April 1, 2010. Article 56 of this law stipulates the creation of a body to monitor the implementation of the Convention. In 2011, a three (03) day workshop was organized by the Ministry in charge of social action, with the participation of NGOs and associations working in the field of disability. At the end of this workshop, it was recommended that a multi-sectoral body be set up to monitor the implementation of the Convention. Decree no. 2012-406 /PRES/PM/MASSN/MEF on the creation, remit, composition and functioning of the National Multisectoral Council for the Protection and Promotion of the Rights of Persons with Disabilities was then issued to create the independent monitoring body. The process was participatory and inclusive, with representative organizations of persons with disabilities invited to participate at every stage. The choice of those who were to be members of this body was also inclusive and democratic. The first members of COMUD/Handicap were installed in December 2012.

A decree, notably Decree No. 2012-406 /PRES/PM/MASSN/MEF of May 15, 2012, has been issued to formalize the independent monitoring mechanism. Law N° 2010-012/AN on the protection and promotion of the rights of people with disabilities was first passed on April 1, 2010. Under the terms of Article 56 of the aforementioned law, a decree was issued to set up the COMUD/Handicap. Once the representatives had been appointed, a decree from the minister in charge of social action was issued to appoint the members of COMUD/Handicap for a 3-year term, renewable once.

The IMM is a new established entity and part of a Monitoring Framework. It is composed of 13 government ministries and seven national entities. It consists of institutions and ministerial departments, including regional governors and regional directors in charge of social action, local authorities customary and religious authorities, disabled people's organizations, and representatives of technical and financial partners.

These institutes that constitute the monitoring framework, are responsible, among other things for:

• Monitoring and evaluating the implementation of the United Nations Convention on the Rights of Persons with Disabilities and Law N°012-2010/AN of April 1, 2010 on the protection and promotion of the rights of persons with disabilities;
• Guiding actions to protect and promote the rights of persons with disabilities;
• Supporting the mobilization of resources needed to implement projects and programs for persons with disabilities;
• Advocating for the protection and promotion of the rights of persons with disabilities.

Under the terms of article 7 of decree no. 2012-406 /PRES/PM/MASSN/MEF of May 15, 2012, COMUD/Handicap members have a three-year term of office renewable once only.

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
• Protecting the rights of persons with disabilities, including by receiving, investigating and resolving complaints, or by mediating conflicts and monitoring activities and reporting
• Monitoring the implementation of the CRPD.

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
• Evaluating policy, legislative and administrative compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State
• Initiating or undertaking research studies on the rights of persons with disabilities
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes;
• Focusing on monitoring of the rights of women and girls with disabilities and reporting
• Undertaking investigations on the rights of persons with disabilities
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level;
• Liaising with the focal point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD. 
  • Monitoring of public policies and legislation concerning persons with disabilities

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities in full capacity of duties and rights. There are thirteen regional coordinations of disabled people's associations (CORAPH), all members of COMUD/Handicap. Four umbrella organizations of disabled people are represented on COMUD/Handicap by: -the Fédération Burkinabé des associations de personnes handicapées(FEBAH) -the Réseau national des organisations de personnes handicapées (RENOH) -the Union nationale des associations des femmes handicapées du Burkina (UNAFEHB); -the Union nationale des élèves et étudiants handicapés du Burkina (UNEEHB) representatives of persons with disabilities are full members and enjoy the same prerogatives as other members in that they have the right to vote and take part in deliberations.

Furthermore, the 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, as part of the process of appointing members, correspondence is sent to the organizations, and it is they who appoint their representatives. Beforehand, however, discussions are held with the various disabled people's organizations. During these discussions, their role within the monitoring body was explained to them.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalisation

Persons with disabilities take part in the decision-making process of the Independent Monitoring Mechanism; they have a voice and the right to vote. 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. Persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism.Persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism.

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