Committee on the Rights of Persons with Disabilities

Combined second and third periodic reports submitted by Ethiopia under article 35 of the Convention, due in 2020 *

[Date received: 9 January 2023]

I.Introduction

1.This combined 2ndand 3rdreport is prepared to show progresses made by the Ethiopian government in the implementation of the convention on the rights of persons with disabilities (CRPD) after the concluding observations of the CRPD Committee of 2016 pursuant to paragraph 76 of the concluding observations.

2.This report is made in consultation with and by participating persons with disabilities through their representative organization called the federation of Ethiopian associations of persons with disabilities. FEAPD was thus invited in the validation workshops organized by MoLSA to finalize this report.

3.This report is prepared based on the reports received from various federal and regional government organs at the end of 2019–2020 and by examining various policy and law documents.

4.The report is prepared based on the already sorted out principal areas and recommendations by the CRPD Committee in its concluding observations upon the initial report of Ethiopia and attempts have been made to assess progresses thus far achieved by the Ethiopian government from 2016–2020.The overall recommendations by the CRPD committee to the Ethiopian government were requiring to take:

Measures in establishing systems such as adoption of laws and policies, designing and implementing working procedures, introducing new institutional set up etc.;

Data collection and disaggregation measures;

Measures related to participation and consultation of persons with disabilities and their organizations;

Awareness creation and training measures;

Measures concerning allocation of adequate budget, material and human resource;

Setting clear timelines and fixed deadlines, targets, baselines and indicators to secure timely and measurable progress;

Attention to cross sectionality of disability – multiple discriminations;

Measures regarding availability and accessibility of services;

The need for a shift from medical approach to human right approach in the assessment of disability.

5.Noting all the recommendations forwarded by the CRPD Committee, the following report is made to show progresses achieved in the past 4 years by the Ethiopian government. The report addresses article by article progresses in light of the recommendations of the CRPD committee and gives general summary of overall activities.

II.Articles 1–4

General Principles and Obligations

6.Under this part, the CRPD had recommended on two major issues such as avoiding derogatory terms to name persons with disabilities in the existing laws and new laws and ensuring the systematic participation of persons with disabilities through their representative organizations.

7.Regarding the first point, the Ethiopian government has afforded much attention to the use of appropriate terminologies to refer persons with disabilities. Though the civil code is not yet fully revised for some technical reasons, the use of these derogatory terms to name persons with disabilities is nonetheless avoided in practical terms in the official speeches, policy documents and laws that are being adopted these days.

8.New laws such as the higher education institutions proclamation No. 1152/2019, the electoral law and political parties proclamation No. 1162/2019, the labor proclamation No. 1156/2019 that repealed the earlier labor proclamation No. 377/1997 and so on use the term “አካልጉዳተኛ” which is equivalent to the English term “persons with disabilities” in line with the CRPD.

9.Regarding representation of persons with disabilities in various government organs and political life, the Ethiopian electoral, registration of political parties and election’s code of conduct proclamation No. 1162/2019 has incorporated a provision that could potentially enhance the participation of persons with disabilities in the membership and leadership of political parties. The relevant provision of the proclamation in this respect article 100(2)(e)(f) read as 2/ The amount of financial support that a political party receives, in accordance with Sub-Article (1) of this Article, shall be determined by a directive to be issued by the Board based on the following criteria:

(a)The number of people with disability candidates that it nominates; and

(b)The number of people with disability members of the party and the number of people with disability in leadership positions.”

10.With this criterion to get financial support, the Ethiopian government believe, political parties would engage persons with disabilities more both in their membership and leadership positions. Moreover, there are efforts to participate and consult with persons with disabilities during the development of laws and national plans. For instance, the plan commission has participated FEAPD and its constituting associations of persons with various types of disabilities prior to the adoption of the ten years plan of the Ethiopian government at the country level. Relevant government organs and ministries are also participating and consulting with the FEAPD and associations of persons with disabilities in the development of their respective plan. With this respect, the ministry of education has conducted consultative meetings with them twice before adopting its five-years plan. Moreover, persons with disabilities through their associations and federation are participating in the public hearings in the drafting of laws that may affect disability rights. They had effective participation in the public hearings to adopt the labor proclamation No. 1156/2019 and the Ethiopian electoral, political parties registration and election’s code of conduct proclamation No. 1162/2019. They participated with the invitation made by the government. Nonetheless, there is no a guideline or manual that ensures participation of persons with disabilities in the development of laws and policies that may affect disability pursuant to article 4(3) and 33(3) of the CRPD as well as general comment No. 7 (2018) on the participation of persons with disabilities including children with disabilities through their representative organizations in the implementation and monitoring of the CRPD. Thus, there are still gaps in designing a system by which persons with disabilities could systematically participate continuously and regarding reasonable accommodations to enable them fully and effectively participate in the development of laws and policies. Therefore, the Ethiopian government continues to work on the development of a guideline to make participation of persons with disabilities through their representative organizations systematic and meaningful.

11.The Ethiopian government, on the other hand, is supporting the establishment of organizations of persons with disabilities and is extending both financial and technical support even for the existing ones. The ministry of labor and social affairs is supporting national associations of persons with disabilities and their federations financially to ensure their independence and to enable them secure at least their administrative costs. Only in the year 2019–2020, MoLSA has allocated a total budget of 15 million ETB and provided same for the total of 13 associations of persons with disabilities and organizations working on disability at the national level. Regions are also supporting organizations of persons with disabilities in their respective jurisdictions. Currently, there are organizations of persons with disabilities in all regional states of Ethiopia including in the newly established regional state called Sidama. Persons with disabilities are organized in line with disability types and, at the regional level, they have formed either federation or union or forum. These organizations were established with the continuous financial and technical support by the bureau of labor and social affairs in the respective regions. For instance, Diradawa city administration provided Birr 385,000 to OPDs for capacity building. The Afar regional state has allocated a total of 150,000 birr for OPDs in addition to the financial support it provided for the celebration of Disability rights commemoration days with the OPDs. Harari regional state has allocated 320,000 birr to initiate the establishment of OPDs and their federation. In general, all regional states and the two city administrations: Addis Ababa and Dire Dawa are allocating budget for the betterment of OPDs. The regional states and the two federal cities are also provided food items and sanitary materials for Persons with Disabilities to protect them from COVID-19.

III.Articles 5–30

Specific Rights

Article 5

Equality and non-discrimination

12.Recommendations in this article require the adoption of definition of reasonable accommodation in all areas other than employment and establishment of complaint procedures and legal remedies against disability-based discriminations.

13.In this respect, Ethiopia is under process of enacting comprehensive disability law that would ensure reasonable accommodations in all areas of disability rights and presumably this law would establish clear complaint procedures. It Is also expected to render effective legal remedies for the disability-based discriminations. MoLSA has made the enactment of a comprehensive disability law one of its priorities in the 2020–2021 annual plan. MoLSA has organized a committee comprising 90 percent Persons with Disabilities lawyers to oversee the enactment of this comprehensive disability law, consultant is hired and the process started. MoLSA expects the draft comprehensive disability law by June 2021.

Article 6

Women with disabilities

14.Recommendations of the CRPD Committee under article 6 are the need to ensure mainstreaming of the rights of women and girls with disabilities and the need to consult and participate their representative organizations in the implementation of the CRPD.

15.There is an association of women with disabilities at the national level called Ethiopian women with disabilities national association (EWDNA). The government is participating and consulting this association in the process of developing the ten-years plan. Policies and laws that are applicable for women and girls in general are also applicable for women and girls with disabilities. In the same token, general policies on persons with disabilities are equally applicable for women with disabilities. The employment rights of persons with disabilities proclamation No. 568/2008 gives much attention for women with disabilities and calls for gender based and disability based affirmative actions with an assumption of multiple burden they have on their gender and disability. Nonetheless, there is no specific policy or law that will solely address the needs of women with disabilities. This will be an area of focus in the coming years.

Article 7

Children with disabilities

16.The criminal code of Ethiopia has provisions criminalizing abuse and neglect of a child. On the other hand, there is a provision in the criminal code that puts aggravating circumstances with respect to the assessment of sentences upon perpetrators one of which is victim’s disability. Therefore, acts of neglect and abuse against children with disability will not go unpunished. Otherwise, no specific law is yet adopted to address the protection of children with disabilities against abandonment, neglect and mistreatment, including through the support of parents of children with disabilities as was recommended by the CRPD Committee.

Article 8

Awareness raising

17.The Ethiopian government gives much attention to awareness raising activities and currently there are several platforms upon which it reaches the general public to raise awareness on various disability issues in line with article 8 of the CRPD. Platforms include television and radio programs, national magazines, social media, brochures and/leaflets and massive awareness creation and public mobilization platforms. There are community care coalition arrangements in more than 20,000 Kebeles (grassroots government structure) through which the government is raising awareness on disability that could potentially reach more than 40,000,000 peoples. To mention some among the platforms, there is a radio program “attention to PWDs” run by the bureau of labor and social affairs on FM radio at Addis Ababa city, MoLSA and OPDs raise awareness on national gazette of Addis Zemen and there is also Addis Lisan magazine to be circulated at Addis Ababa city administration, there is a program on Addis television etc. These platforms are also available in the respective regional states which include weekly programs on Oromia broadcasting network, regular radio program on Tigrai and Amhara regional states mass media etc. In addition, each city administration and regional state celebrates disability day each year in collaboration with OPDs and uses this opportunity to raise awareness on disability. Besides, different government organs and ministries are giving awareness raising training on disability at their best. The ministries/government organs that engaged in awareness creation activities include ministry of peace, ministry of health, ministry of foreign affairs, ministry of construction and urban development, ministry of transport, ministry of culture and tourism, attorney general, ministry of urban development and construction, public enterprise holding and administration agency, ministry of water irrigation and energy, ministry of trade and industry, civil service commission, ministry of transport and ministry of labor and social affairs (MoLSA). Other than the platforms mentioned above, regional states and various federal government organs are also engaged in raising disability awareness for different sectors such as transport, health, private employment sectors etc. for instance, Dire Dawa city administration has given disability awareness training for 300 participants in the transport sector, for 280 community members on mental disability etc. Attorney General has given awareness raising training for 2000 participants in the year 2018–2019 and 850 participants in the year 2019–2020 of various sectors. On the other hand, there are several non-governmental organizations including associations of persons with disabilities and their federation themselves that are highly engaged in the disability awareness raising activities. Some of them include the Ethiopian center for disability and development (ECDD), federation of Ethiopian association of persons with disabilities and its member associations, Ethiopian national disability action network, network of organizations of the visually impaired and the blind etc. As the 2012–2021 national plan of action on disability is about to expire, MoLSA is developing the next 10 years plan and will also develop a national disability awareness raising strategy to combat disability stereotypes.

Article 9

Accessibility

18.Three major recommendations were forwarded on accessibility article 9 of the CRPD. The first was to ensure the proper implementation of laws, regulations and directives on infrastructure accessibility. The second recommendation was to prepare comprehensive plan of action and accessibility standards on environment, transportation, buildings and facilities, information and communications. The third was also to introduce training and sanctions for non-compliance of accessibility measures.

19.The Ethiopian government is undertaking several reforms in the accessibility issues. The building proclamation No. 624/2009 is under revision. New provisions that would ensure accessibility measures are inserted in the draft proclamation. One of these provisions allow the concerned urban development and construction minister to adopt directive to ensure accessibility of public buildings that are built before the proclamation unlike its predecessor. Practically, several measures are also underway to make public buildings accessible for wheelchair and crutch users. For instance, the ministry of peace has undertaken accessibility measures on its building by constructing ramps and by availing accessible elevator. Ministry of education has built ramps in schools. Ethiopian civil service university has ensured the accessibility of 5 new buildings built in the university and has built accessible class rooms, ramps in students’ cafeteria, hand supporters on stairs, and so on. Even though it is not yet done comprehensive accessibility audit in all public buildings, it has become now common to see ramps at the entrances. The directive adopted by the ministry of urban development and construction on the building proclamation No. 624/2009 has incorporated several accessibility standards that cover steps, ramps, elevators, entrances, door, toilets, and parking. These standards try to consider the needs of various types of disabilities. For example, with respect to elevators, the directive requires a public building to have sound to announce the door opening and closing as well as the number of floors and braille sign on the buttons for the persons with visual impairment. Non-compliance to these standards is also punishable pursuant to the building proclamation No. 624/2009. However, much still remains to strictly follow up and ensure the observance of these standards. In relation with transportation and roads, the ministry of transport has prepared disability mainstreaming guideline and has some achievements such as advising importers of vehicles to consider the needs of persons with disabilities, installing elevators and sound alerts in the Addis Ababa light train, signs on newly designed sidewalks for the visually impaired, initiative to assign wheelchair accessible buses by the public service transport, initiatives to make transport stations accessible and assigning special entrances for PWDs etc. On the other hand, the ministry of water irrigation and energy has introduced disability friendly model lavatories, prepared disability mainstreaming manual in wash programs and disseminated same, has built accessible water pumps and 53 model lavatories in 53 schools and clinics etc. By the one wash national program (OWNP), the school wash design has tried to ensure accessibility of schools washing facilities for persons with disabilities. The Water and irrigation minister has also introduced clean water sites designs and public toilets designs that are accessible for persons with disabilities. Moreover, various sectors are taking different measures like assigning sign language interpreters and adopting disability mainstreaming guidelines to make their services accessible for PWDs. Another worth mentioning success in relation with accessibility of transportation is the permit of driving license to the deaf. It was an age old question of the deaf persons and recently, the ministry of transport has made a thorough study and permitted driving license for the deaf.

Article 10

The right to life

20.The recommendation under this article was to take measures including effective investigations and strengthening sanctions to ensure the protection of the right to life of persons with disabilities particularly for persons with albinism and children with psychosocial and/or intellectual disabilities.

21.There are no reports on albinism and the challenge thereof is not that much to respond with laws in Ethiopia. Nonetheless, regarding the protection of the right to life of persons with psychosocial and/or intellectual disabilities, efforts are being made to train the police and the justice sectors to aware them on disability and investigation of crimes against persons with psychosocial and/or intellectual disabilities.

Article 11

Situations of risk and humanitarian emergencies

22.The CRPD Committee had recommended in this article for a risk and emergency strategy that properly and effectively mainstreams disability. Though Ethiopia does not have specific strategy on PWDs in this respect, it does have disaster risk management strategy prepared and PWDs are benefiting out of it. Practically, as well, the Ethiopian government is affording much attention for persons with disabilities in various emergency situations. For instance, in the Ethiopian government responses to the Tigrai emergency and flood emergencies in Afar region, PWDs received significant attention and supplies.

Article 12

Equal recognition before the law

23.The two major recommendations under this article were to take legislative measures on the identified provisions of the civil code and the commercial code of Ethiopia as well as to provide support to enable persons with disabilities exercise their legal capacity thereby to install supported decision-making model.

24.The Ethiopian government is under reform since 2018. One of the reform areas is the law reform that examines existing laws of Ethiopia in light of human rights principles. This reform process does not leave disability aside. The banking business proclamation is already revised and the new banking business proclamation No. 1159/2019 has already incorporated article 56 that requires the suitability of banking business for persons with disabilities. Article 56(2) of the proclamation especially calls for the adoption of directive by the national bank of Ethiopia to ensure the suitability of banking services for persons with disabilities. Hence, the directive to be adopted by the national bank of Ethiopia will expectedly ensure the right to carry out banking transactions of the blind and the deaf and blind persons. The upcoming comprehensive disability law will also bring significant changes regarding the protection of disability rights as well as equal recognition of PWDs before the law. Nonetheless, the Ethiopian government understands that the adoption of supported decision-making system mainly for persons with psycho social and/or intellectual disabilities require through study and choosing a model that best suits to the socio-economic context of Ethiopia. Therefore, the Ethiopian government will undertake contextual assessment in the upcoming years in collaboration and by participating associations of persons with intellectual disabilities and other stakeholders to shift towards supported decision making system.

Article 13

Access to justice

25.The CRPD Committee has recommended for compulsory and regular training for the justice sectors on disability rights and for the adoption of procedural accommodations.

26.Though there are no compulsory and regular training programs for the justice professionals, there are series of on-job training to enhance understanding of justice professionals on disability rights. For instance, the federal supreme court has delivered training on disability rights for registrars, supporting staff and directors within its administration. The federal supreme court is also underway for the adoption of disability mainstreaming guideline through its women and children directorate. On the other hand, one of the major task of the federal attorney general is to give free legal aid for vulnerable sections of the society that includes PWDs. Only in 2018–2019, the Addis Ababa bureau of attorney general has delivered free legal aid for 74 PWDs at Addis Ababa city administration. In Benshangul Gumus regional state, technical support was made for 3 prison administrations by the concerted efforts of the regional attorney general, human rights commission and ombudsman. All these measures testify that Ethiopian government is committed to ensure access to justice for PWDs. Nonetheless, the Ethiopian government understands that it has to take more measures to realize access to justice for PWDs. One of these measures is to make disability rights part of the national law curriculum of law colleges throughout the country. MoLSA had taken the initiative and undertaken a study on the inclusion of disability rights as one course into the national curriculum of law few years ago. However, as it requires the collaborated efforts of various stakeholders, it is not yet achieved. So, in the near future, MoLSA would realize that the national curriculum of law will incorporate disability rights course as one mandatory course in the LL.B. program.

Article 14

Liberty and security of the person

27.The CRPD Committee had recommended for legislative measures to ensure the liberty and security of psychosocial and/or intellectual disabilities not to be unfit for trials and not to take security measures without proven guilty.

28.In this respect, no significant measure is taken to repeal the existing criminal law of Ethiopia. However, the Ethiopian government notes that it requires thorough study on how to ensure due process of law for persons with psycho social and/or intellectual disabilities and how to balance the striking interests of the society for security and the rights of these peoples to the due process of law before repealing the criminal law. So, in the upcoming years, under the initiative of MoLSA, the Ethiopian government will undertake appropriate assessment to take legislative measures to ensure due process of law instead of making these peoples unfit for trials. On the other hand, it is worth to mention, the Ethiopian mental health strategy is designed, among others, with the vision of enhancing deinstitutionalization. The mental health strategy also puts the need to secure consent of persons with mental illness or their parents before their admission to mental health institutions. These show that the mental health strategy of Ethiopia is in line with the guidelines on article 14 of the CRPD.

Article 15

Freedom from torture or cruel inhuman or degrading treatment or punishment

29.The CRPD Committee had recommended for the prohibition of coercive treatment of adults and children with disabilities including physical restraint and isolation and the use of corporal treatment.

30.The mental health strategy of Ethiopia is designed in such a way that persons with mental illness would be admitted based on their free consent. It is also working to decentralize the mental health services so that it becomes part of the primary health care settings. As such, there are no reports showing the magnitude of the problem regarding physical restraint of persons with psycho social and/or intellectual disabilities. There are no also reports showing degrading treatment of these peoples.

Article 16

Freedom from exploitation, violence and abuse

31.The CRPD Committee had recommended for enhanced protection mechanism for violence especially against women and girls with disabilities by adopting various measures.

32.Attorney general is working to ensure a one-center service for victims with disabilities. Attorney general has also ensured that all departments and offices under it have working protocol on the treatment of persons with disabilities. Moreover, there are also efforts to ensure that attention is afforded for persons with disabilities in criminal cases the attorney general is following up. The hotline services for victim women and girls in the police stations also serve persons with disabilities though there remain more robust mainstreaming measures for those with communicational barriers.

Article 17

Protecting the integrity of the person

33.The CRPD Committee had two major recommendations under this article. The first was the prohibition of forced treatment on the basis of disability and training for the medical personnel working with persons with disabilities particularly on free prior and informed consent of persons with disabilities. The second was to effectively address female genital mutilation including women and girls with disabilities both in law and the practice.

34.Regarding the first point, the ministry of health has provided training for its staff several times on how to provide health services for persons with disabilities. Various nongovernment organizations also arrange training on the inclusion of persons with disabilities in health services including for the top and medium management of the minister of health. For the second recommendation, Ethiopia has prepared national costed roadmap to end child marriage and female genital mutilation/cutting (2020–2024) with five evidence‑based strategies. These strategies including empowering adolescent girls to express and exercise their choices, strengthening community engagement (including faith and traditional leaders), enhancing systems, accountability and services across sectors responsive to the issue at hand, creating and strengthening law enforcement mechanisms to establish enabling environment, and increasing data and evidence generation for enhanced advocacy. With these strategies, women and girls with disabilities will also be addressed as the FGM combating activities do not exclude on the basis of disability.

35.Ethiopia’s achievement to end FGM is also faster compared to other eastern and southern African countries though it requires an accelerated move to attain SDG 5.3.

Article 18

Liberty of movement and nationality

36.The recommendation under this article was to ensure birth registration of children with disabilities particularly in rural areas and refugee camps.

37.The registration of vital events and national identity card proclamation No. 760/2012 is already adopted and an administrative set up is established to effect birth registration. Article 18(2) requires birth registration within 90 days of birth. Article 24 of the proclamation puts details of the birth registration. Article 26 of the proclamation also imposes a duty to declare birth of a child upon parents, guardian and anyone aware of the birth. Failure to report or declare birth of a child is an offence punishable by simple imprisonment not exceeding 6 month or with a fine from 500–5000 ETB pursuant to article 66(a) of the proclamation.

Article 19

Living independently and being included in the community

38.The two recommendations the CRPD Committee forwarded with respect to article 19 are to ensure the availability, accessibility and inclusiveness of public services including to develop further community-based services for persons with disabilities to enable them choose where and with whom to live as well as to ensure the availability and accessibility of personal assistance services for persons with disabilities.

39.Efforts are being made to make public services accessible for persons with disabilities. Various community services such as the safety net programs benefit persons with disabilities as well. There are 21 rehabilitation centers overseen by the minister of labor and social affairs and ministry of health. Unfortunately, however, there are no disability specific services other than the rehabilitation centers mentioned. The integrated house development program of Ethiopia prioritizes persons with disabilities and allocates them to the ground floor in case their lot is on upstairs.

Article 21

Freedom of expression and access to information and communication

40.The CRPD Committee recommendations on article 21 were to protect the right in law and practice and to ensure the provision of necessary support to exercise the right as well as to take legislative and other measures to increase the number of sign language experts in the country and to make sign language an official language.

41.The deaf culture and sign language department is opened at Addis Ababa University to increase the number of sign language experts. Government organs are also releasing public information in accessible formats for persons with disabilities. For instance, the minister of health has disseminated information on the HIV/AIDS in accessible audiovisual in 2500 memories for the deaf and in 2000 braille copies for the blind. Government offices started to deploy sign language interpreters to ensure better access to information and services for the deaf.

Article 23

Respect for the home and the family

42.The recommendations of the CRPD Committee in this respect is to revise identified provisions of the family code and to ensure the availability of community-based support for parents with disabilities and families with children with disabilities.

43.The Ethiopian government understands that support services for parents with disabilities and families with children with disabilities is paramount important. Nonetheless, it is also clear that it has budgetary implications to establish such support services. Hence, as Ethiopia is under reform in various terms, it will reconsider these recommendations in the upcoming years through the newly established platforms.

Article 24

Education

44.The CRPD Committee had 3 major recommendations in education. The first was to adopt and implement comprehensive strategy with a roadmap towards inclusive and quality education. The second was to guarantee legal enforceable right to inclusive education. The third was to allocate adequate finance, materials and human power with targeted goals to ensure the right to education of persons with disabilities.

45.Regarding the first recommendation, Ethiopia has prepared and adopted a ten-years educational roadmap in consideration of inclusive and special educational needs of students with disabilities at all levels of education. One of the system goals of the education roadmap is ensuring equity in education regardless of disability among others. Again, there are different manuals that guide the proper implementation of inclusive education throughout the country. These include a manual for earlier identification of disability, manual for administration of resource centers and manual on how to teach deaf students and students with intellectual disabilities. Amid COVID-19 pandemic, MoE has also prepared a COVID‑19 guidelines for school reopening with the consideration of the needs of students with disabilities. Concerning the second recommendation, the Ethiopian government has drafted the general education law and tabled it to the house of peoples’ representatives for approval. The draft general education law has a chapter on special educational needs. Article 76(4) of the draft proclamation outlaws any kind of discriminations in education on the basis of disability. Article 77(2) of the draft proclamation also empowers the minister of education to adopt regulations and directives on the necessary support students with special educational needs are entitled. With the promulgation of this draft proclamation and the subsidiary regulations and directives pursuant to article 77(2) of the draft proclamation, Ethiopia will ensure the legally enforceable right to education of students with disabilities. On the third recommendation, the newly developed draft five years plan of the ministry of education targets the participation of children with disabilities at primary education from 11 to 32%. The general education quality improvement program of Ethiopia allocates 1% of the total education budget to special needs education. By now, there are 828 resource centers throughout the country with the required budget. $15,000 is allocated to each newly established resource center this year. Only in the year 2020–2021, a total of 9 million USD is allocated to furnish resource centers with the relevant materials for students with disability.

Article 25

Health

46.In the past 4 years, the ministry of health (MoH) has undertaken to realize the right to health care of persons with disabilities. It has given extensive on-job training for health workers on disability mainstreaming. Particularly, it facilitated the training by health workers on sign language. To enhance the use of sign language by health professionals, the ministry has distributed sign language dictionary to 4 hospitals such as ALERT, St. Paul, St. Peter and Amanuel hospitals. MoHhas developed disability mainstreaming manual to make health care services inclusive of persons with disabilities and copies of the manual distributed up to the level of primary health care settings. Disability has been included in the checklists and supportive supervisions to be conducted for agencies, regions and hospitals.

47.Regarding affordability of health services, primary health care settings are giving free health services for peoples who are unable to pay. A number of bureau of health in regions have prepared guidelines with which they could give free health services for the poor section of the society and persons with disabilities are major beneficiaries. For example, in Benshangul Gumuz regional state, 1,517 PWDs (791 Male and 726 female) received free health care service. The community health insurance scheme in Amhara regional state benefits 10% of the population to receive free health services among which persons with disabilities constitute the great majority.

48.During COVID-19 pandemic, the ministry has undertaken several measures inclusive of persons with disabilities. Protection center that addresses special needs of persons with disabilities established under the national emergency operation center. By signing memorandum of understanding with the federation of Ethiopian associations of persons with disabilities (FEAPD), ministry of labor and social affairs (MoLSA) and other stakeholders, the ministry managed to make accessibility audit on 11 quarantine and 3 treatment centers and take several adjustments to enhance their accessibility for persons with disabilities. In addition, the ministry has transcribed COVID-19 messages in braille and distributed through FEAPD.

49.In the concluding observations, the CRPD Committee had two major recommendations on health. The first one was to ensure sufficient capacity of health and social services for children with disabilities who live in rural areas while the second is to ensure compulsory and regular training for medical staffs on health rights of persons with disabilities.

50.Regarding the first recommendation, as mentioned above, the ministry has prepared disability mainstreaming manual that would reach persons with disabilities living in rural areas as well. The extensive training for health workers on disability also improves the capacity of the health services to reach persons with disabilities in the rural. Regarding the second recommendation, the minister of health has designed curriculum in collaboration with Addis Ababa University medical faculty, minister of labor and social affairs and international red cross association on the national physical rehabilitation strategy and is providing short term and long term training to enhance health services for persons with disabilities.

Article 26

Habilitation and rehabilitation

51.The ministry of health has exerted several efforts in the past 4 years to take the rehabilitation medical services into a better position. It included rehabilitation medical service standards in the general hospital reform program instructing all hospitals to adopt it. The ministry prepared rehabilitation medical service guideline in collaboration with rehabilitation health professionals and other stakeholders and has been published and distributed. The ministry has prepared ear and hearing care guideline in collaboration with the CBM. Rehabilitation is incorporated in the 5 years’ specialty and subspecialty medical services roadmap. Curriculum preparation is started to launch orthotic and prosthetic education. A regulation is drafted for the establishment of the national rehabilitation medical services centers administration that would keep rehabilitation centers uniformly up to the standard. The ministry has prepared national list of devices that give physical support for persons with physical disabilities. Besides, the list of assistive technologies is prepared and has been incorporated in the national procurement annex. In addition, the government is trying to its best for the distribution of wheelchairs, crutches and walkers. For instance, in the year 2019/20 MoLSA has distributed these assistive devices for more than 28,000 persons with physical disabilities through the support of different non-governmental organizations. In Tigrai region, – 27,668 Veterans have received support including wheelchair support, crutch and prosthesis.

52.In this article, the CRPD Committee had recommended for the adoption of habilitation and rehabilitation programs in consultation with organizations of persons with disabilities. In this respect, the draft regulation prepared to establish national rehabilitation centers administration puts that persons with disabilities will be represented in the board which is the top management of the national rehabilitation centers administration.

Article 27

Work and employment

53.The CRPD Committee had recommendations on the right to work and employment mainly to enhance the employment rate of persons with disabilities and to consider measures pursuant to article 27 of the CRPD.

54.The earlier labor proclamation is repealed by the new labor proclamation No. 1156/2019. The new labor proclamation explicitly mentions disability as one of the factors against which discrimination is prohibited in the private sector. The civil servants’ proclamation No. 1164/2018 has also incorporated disability rights for public servants with disabilities under its article 49 in the public sector. The civil service commission has further developed implementation directive for article 49 of the proclamation and communicated with the relevant stakeholders for comments. The civil service commission has also given awareness raising training for 36 human resource directors regarding employment rights of persons with disabilities. In addition, the civil service commission has made the translation of proclamations and directives applicable on the employment rights of persons with disabilities into braille possible in 75 copies and deposited to government libraries while dispatching circular letters to various governmental institutions to boost employability of the deaf graduates. In general, the civil service commission is following up the implementation of employment laws to ensure the employment rights of persons with disabilities in the public sector. At the time this report was organized, there were 5,564 employees only in the federal public service which shows the rising of the figure by 711 (19.6%) for male employees and 471 (24.3%) for female employees from the 2016 statistics. Moreover, awareness raising training programs are conducted on employment rights of persons with disabilities proclamation No. 568/2008 so that there is better implementation of reasonable accommodations in employment. The attorney general has recently conducted an assessment on the implementation of employment rights of persons with disabilities in Ethiopia and will release it very soon.

Article 28

Adequate standard of living and social protection

55.The CRPD Committee recommendation with respect to this article requested Ethiopia to ensure the poverty reduction and social protection strategies that effectively target persons with disabilities.

56.The national social protection policy of Ethiopia puts much emphasis for persons with disabilities. It lists target groups one of whom are persons with disabilities. The main purpose of this policy document is reduction of poverty and social and economic risk of citizens and vulnerability and exclusion by taking both formal and informal mechanisms to ascertain accessible and equitable growth to all. Even though there are no disability specific safety net program, the general safety net programs also benefit persons with disabilities. Currently, there are 67,000 persons with disabilities benefiting from urban safety net program. From 2016–2020, up to the period this report is prepared, the federal urban job creation and food security agency has created new jobs for 11,091 persons with disabilities, has facilitated loan for 2719 persons with disabilities, has furnished Offices/places/ for Production and sale for 1,567 persons with disabilities and created market chain for 8,383 persons with disabilities. In addition, the ministry of revenue has donated oil, sugar and clothes for 14 different associations of persons with disabilities to support the livelihood for their members living in poverty. Moreover, the Public Enterprises holding and administration Agency has provided basic necessities for 126 persons with disabilities living in poverty. Regions have also supported persons with disabilities to ensure their livelihood. In Tigray region, in the past five-years, 64,697 persons with disabilities have received various monetary support from the government. Activities achieved by the Amhara regional government to ensure the livelihood of persons with disabilities also include the following:

120 (60 males and 60 female) have been enabled to engage in different income generating activities in agricultural sector and handicraft.

1494 PWDs (677 males and 817 female) were enabled to improve their standard of living with an investment of 1,378,089 birr.

80 PWDs (44 males and 36 female) were beneficiaries of safety net programs.

37 persons with disabilities (23males and 14 female) have been employed.

To ensure sustainability of the support, the regional government has provided 1500 square meter land to support persons with disabilities.

Article 29

Participation in political and public life

57.The CRPD Committee recommendation with regard to article 29 was to take legislative measures to ensure political rights of persons with disabilities particularly psychosocial and/or intellectual disabilities.

58.The electoral law of Ethiopia is repealed recently by proclamation No. 1162/2019 with the incorporation of provisions that mainstream concerns of persons with disabilities. Article 15(1) of the proclamation requires national electoral board of Ethiopia to establish polling stations at locations taking in to considerations the needs of persons with disabilities among others. Persons with disabilities who are in need of assistance may register and vote with the assistance of their choice pursuant to article 21(7) and 52(2) of the proclamation. According to article 22(7), the electoral roll shall have a column to enter information of disability. Article 31 and 32 have provisions discounting the number of signatures required for candidacy if the candidates are persons with disability. Article 52(1) respects the priority of persons with disabilities to vote without waiting queue. Finally, pursuant to article 100(2)(e)(f) political parties receive more budget based on the number of persons with disabilities they participated as members and leaders. This provision is to encourage and enhance the participation of persons with disabilities in the political life. To date, there are 95 candidates with disabilities who are participating in different political parties that are competing for the upcoming 6th general election of Ethiopia. Political parties have received more than 155,000 ETB per candidate with disability. Nonetheless, persons with psycho social and/or intellectual disabilities still are not able to vote or be voted if proven unfit by the medical evidence. The Ethiopian government believes that it needs to thoroughly assess the type of support that persons with psycho social and/or intellectual disabilities shall receive to properly participate in political life and to vote and be voted.

Article 30

Recreation, sporting and tourism

59.The ministry of culture and tourism is preparing tourist guide in alternate/accessible formats. In addition, the Ethiopian government is progressing in participating persons with disabilities in Paralympic. In the past 4 years, 1534 PWDs: 1032 male 502 female have participated in various para competitions only in Oromia regional state. Tigrai regional state has set organizational structures in which a team of 25 members from 37 woredas is established to participate in regional and national sporting events. Additional 315 individuals with hearing impairment have been included in Deaflympics from 21 woredas in the Tigrai regional state. In Addis Ababa, Sporting festivals are held annually on international day of persons with disabilities whereby 5,112 athletes have participated in the past 4 years. Persons with disabilities are encouraged to participate and given incentives (trophies, medals and certificate of recognition) while athletes to participate in national Para Olympics are also selected at such events. Every year in disability day commemoration there were different kind of sport events heled by persons with disabilities.

IV.Articles 31–33

Specific Obligations

Article 31

Statistics and data collection

60.The concern of the CRPD Committee regarding statistics and data collection was lack of systematic data collection disaggregated by disability. Thus, it had recommended the state party Ethiopia to have timely and reliable data on disability in consultation with representative organizations of persons with disabilities.

61.In this respect, the central statistics agency of Ethiopia (CSA) was working with Ministry of Labor and Social Affairs and the federation of Ethiopian national associations of persons with disabilities (FENAPD) to properly mainstream disability in the national census that was scheduled for 2019. The questionnaire was designed in line with the guidelines developed by the Washington group on disability statistics (WG). The CSA in collaboration with FENAPD had also given training for persons who were recruited to participate in the national census on how to mainstream disability. Unfortunately, however, the national census was postponed for security issues. In addition, various government institutions have begun to include disability in their statistics and data collection. The Ministry of education annual abstract constitutes statistics on students with disabilities attaining education. The ministry of health has incorporated disability in the form to collect data on COVID-19 throughout the country recently since around July 2020. The civil service commission is collecting data regarding employees with disabilities in the public sector. The ministry of labor and social affairs So, there are progresses regarding systematically gathering data disaggregated by disability.

Article 33

National implementation

62.The CRPD Committee had concerns of the establishment of focal persons on disability at each federal and regional government branches and for the focal person in the human rights commission.

63.This is an area where better progress is observed. The recent Ethiopian human rights commission establishment amendment proclamation No. 1224/2020 has included a commissioner on disability among the 4 various commissioners. The directorate of disability affairs is also separately organized under the ministry of labor and social affairs since 2019 after thorough study was conducted to that effect. There is still a move to develop it further as an agency or commission. MoLSA is also supporting regions to establish directorate on disability affairs in their respective bureau of labor and social affairs. The directorate is established already in Gambella region. Addis Ababa city administration, Amhara, Somali, Harari, Southern nations nationalities and peoples (SNNP) and Benishangul Gumz regions are on the good move to finalize the establishment of the directorate. Again, the repressive charities proclamation No. 621/2009 is repealed by the new civil society organizations proclamation No. 1113/2019. The new proclamation allows any civil society including organizations of persons with disabilities to advocate for disability rights freely without any restriction pursuant to its article 62(4). Moreover, some of the regional governments are supporting the establishment of associations of persons with disabilities. For instance, the Amhara regional government was able to support and organize the federation of associations of persons with disabilities at the regional level with the Zonal and Weredastructures.