Cuba – IMM situation

IMM name: National Commission for the follow-up and monitoring of the implementation of the provisions of the Convention on the Rights of Persons with Disabilities [Comisión Nacional para el seguimiento y monitoreo de la aplicación de las disposiciones de la Convención sobre los Derechos de las Personas con Discapacidad]

IMM type: New established entity

CRPD ratification date: 6 September 2007

IMM legal framework: Agreement 9040 of the Council of Ministers of the Republic of Cuba, dated March 23, 2021

Cuba ratified the CRPD on 6 September 2007. Article 89 of the new Constitution of Cuba establishes that the protection of persons with disabilities is an obligation of the State, society and families. This reinforces the human rights approach in the treatment of disability in Cuba, as regulated by the Convention. For the care of persons with disabilities, a development strategy has been implemented based on the principles of freedom, equity, social justice and inclusion. Its objective has been to place the human being at the center of attention, promoting his or her integral development, self-realization and life project, as well as his or her full integration into the political, economic, social and cultural life of the country. It is a practice of the Cuban State to permanently consult with organizations of persons with disabilities before enacting legislation or policies on the subject. Finally, Agreement 9040 of the Council of Ministers of Cuba, dated March 23, 2021, was adopted to establish the National Commission for the follow-up and monitoring of the implementation of the provisions of the Convention on the Rights of Persons with Disabilities.

The IMM is a newly established entity and part of a Monitoring Framework consisting of another or other entities. It is composed of thirteen government ministries and seven national entities. A Vice Prime Minister of the Republic of Cuba chairs the National Commission. It has a quasi-jurisdictional competence, and its mandate is focused on the attention, control, orientation and coordination of the work of the agencies of the Central Administration of the State and entities of greater incidence in the attention to 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
• 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
• 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
• Focusing monitoring of the rights of women and girls with disabilities and reporting
• Undertaking investigations on the rights of persons with disabilities
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• 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 implementation of the CRPD.  

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. 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, there are three non-governmental associations that bring together people with disabilities: the Cuban Association of People with Physical and Motor Disabilities (ACLIFIM), the National Association of the Blind (ANCI) and the National Association of the Deaf of Cuba (ANSOC), they participate actively in the political decision-making process and in the development of social programs.

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

• Monitoring of public policies and legislation concerning persons with disabilities
• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalisation
• Participating in joint initiatives between the National Preventive Mechanism or the Independent Monitoring Mechanism to monitor places of detention, including prisons, police stations and mental health institutions.

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.

In terms of a formal structure for involving persons with disabilities and their representative organisations in the monitoring process, there are three non-governmental associations that bring together persons with disabilities: the Cuban Association of Persons with Physical-Motor Disabilities (ACLIFIM), the National Association of the Blind (ANCI) and the National Association of the Deaf of Cuba (ANSOC), participate actively in political decision-making processes and in the development of social programs within the framework of the National Commission. They also participate in the processes of accountability, in the adoption of laws and regulations, in the processes of physical planning and budget planning.

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