II. Findings of the CRM
Legal and Policy Environment
457.
Among the broad category of vulnerable groups in the country, the Constitution only specifically recognises the rights of the disabled and the elderly. The
Constitution provides that disabled citizens shall enjoy the same rights as all
other citizens, and all citizens have the right to assistance in the case of disability or old age. The Constitution also states that political refugee status may
be granted by the state.
458.
Mozambique has signed, but not yet ratified, the Convention on the Rights
of Persons with Disabilities, although not the Optional Protocol. There is also
a National Policy and National Plan of Action for the Elderly. An intersectoral
group comprising the MMAS, and the Ministries of Health, Education and Culture, and Labour has been established to monitor the implementation of the
National Plan of Action for Disability (PNAD). A National Council on Disability is
in the offing.
The Rights of Persons with Disabilities
459.
The Constitution obliges the state to ensure special protection for those who
were disabled during the armed conflict that ended with the signing of the
GPA in 1992, as well as orphans and other direct dependants. This provision
extends to those who have been disabled in the performance of public service
or a humanitarian act. A national directory has been developed to document
this target group. The government has put measures in place to meet their
basic needs, which include access to housing and health, schooling for their
children, and other means of compensation, such as wheelchairs and access
to pension.
460.
The MMAS is mandated to handle the concerns and welfare of elderly people
and people with disabilities (PWDs), as well as to oversee the implementation of the Disability Policy of 1990 and the National Action Plan. The National
Institute of Employment and Professional Training within the Ministry of Labour
has also put in place programmes for the vocational training of PWDs.
461.
PWDs face systemic discrimination at all levels of society, be it public, community or family. The enjoyment of their human rights is severely curtailed by
structural barriers, including the physical environment in which they live. This
happens despite the Constitution providing that the disabled shall have a right
to special protection by the family, the society and the state, with the latter
being obliged to promote the creation of conditions necessary for the economic and social integration of the disabled. PWDs are not included in several
processes at the public and private sector levels. They lack basic facilitating
156
A P R M COU N T RY R EV IEW R EP ORT NO. 11
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