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2. Exploring policy and practice: government and multilateral organizations’ work in disability and development
A range of stakeholders developed the UNCRPD as an international Convention. Ultimately, its implementation will rest with each national government. The range of government responses to disability is as wide as the range of countries in the world.
When a government has particularly successfully approached disability legislation in the past, it can offer this experience to other countries as a model that can be adapted to meet local needs and conditions. With this in mind, speakers from several multilateral and government organizations shared their input into the process of changing disability legislation, and creating more inclusive societies.
a. The UNCRPD: its implementation and the support of the UN
Vittoria Beria, Social Affairs Officer, Department of Economic and Social Affairs
(DESA), United Nations Secretariat
Vittoria Beria has taken part in negotiations around the UNCRPD since its beginning, and has supported the participation of non-governmental organizations in the process. From this point of view, she believes that the goal of reducing poverty was a catalyst for the Convention, as the president of Mexico introduced the idea of a Convention in 2002 saying that poverty could never be overcome without addressing disability.
For the first time in the formulation of a UN Convention, governments and civil society delegates, with unprecedented participation of people with disabilities, conducted UNCRPD negotiations. It also had a very quick passage in UN terms.
An important element of the UNCRPD is its no-gap policy, meaning that no part of the Convention can be achieved without involving more than one issue or sector. Implementation cannot be mono-sectoral – all work must be done on a continuum.
Development is completely intrinsic to the Convention itself, and so Ms. Beria asked all conference participants to get out and speak to development actors. This includes NGOs, donors, multilateral organizations and others. It will now be much easier for them to run inclusive development programs with this new inclusive Convention.
On 3 May 2008 the UNCRPD entered into force, as 20 countries had ratified it. At the time of her speech only 17 days later, 26 had ratified. At the time that this report was written, the number had grown to 46 and continues to rise. The time for implementation is now, Ms. Beria contends. Let’s take this momentum and carry it forward into truly inclusive international development programs.
b. Persons with disabilities, the international human rights system and the
role of OHCHR
Patrice Varhard, Office of the High Commissioner for Human Rights
Mr. Varhard opened his presentation by saying that, based on what he had heard in the morning, he would feel sorry if he were representing a country that had not yet ratified the Convention. As a representative of a multilateral organization, he proposed that we must challenge ourselves to change attitudes. From the first sessions, Mr. Varhard learned:
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Disability is not inability – we should acknowledge that poverty, discrimination and lack of access are the cause of the problems
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We must change attitudes rather than blaming the victims of the human rights abuses
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If we only speak to ourselves, nothing will happen
At the time of the conference, only seven African countries had ratified the UNCRPD. “Please,” he asked, “would all African representatives here commit themselves to their countries ratifying the Convention?” In order to do this, several steps must be taken:
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Establish institutions responsible for implementation and monitoring, including policy review
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Review the definition of people with disabilities within national legislation and consult with people with disabilities during this process
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The framework for this should be national organizations within countries
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Establish a task force on implementation with governments and multilaterals
c. The life of people with disabilities in Ethiopia
Assefa Ashengo, Department for Labour and Social Affairs, Ethiopia
One salient feature of life for people with disabilities in Ethiopia, believes Assefa Ashengo, is that there is a serious lack of reliable data on disability. This situation is especially severe for mental disability, and little is known about mental health issues in Ethiopia.
The only current source of information is the national housing and population census (1994), and the last survey reported that there are one million people with disabilities out of a total population of 63 million. Unfortunately, these figures were almost certainly an underestimate for several reasons. For instance, homeless people were not included, and some families did not want to admit to having a disabled child because of presumed social stigma.
The World Health Organization, on the other hand, estimates that 10% of the world’s population is disabled, which would mean that Ethiopia could have up to seven million people with disabilities. People with disabilities in Ethiopia are subject to isolation, discrimination and other barriers. Buildings are often not accessible and there are barriers to communication for deaf and speech-impaired people. Many people with disabilities live in rural areas that are not reached by services. In any case, there are very few government services that really address the needs of disabled people.
On the positive side, the Ethiopian constitution does include provision of services for people with disabilities. To develop this further, the government needs:
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Development of social welfare policies
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Support for the right of people with disabilities to employment
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National health policies and education and training policies
A national plan of action for the rehabilitation of people with disabilities would also be useful. There are several issues now facing the Ethiopian government regarding ratifying the UNCRPD:
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The Convention has been submitted to the Council of Ministers and the current ministers are addressing issues. Recommendations include:
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To conduct awareness-raising
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Include disability in all policies and revise old policies
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The importance of international support
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Cooperation – international organizations and all disability/development actors should unite to implement the Convention
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People with disabilities must be involved at all levels.
d. The situation of people with disabilities in South Africa
Eva Mahlangu, Office of the President, South Africa
Mainstreaming, believes Eva Mahlangu, equals dignity and self-worth for people with disabilities. It must, therefore, be part of all development activities. It also needs to be considered by all of a government’s departments and have its own budget allocation and monitoring.
Ms. Mahlangu believes that all governments should be committed to mainstreaming, and reported that the government of South Africa has shown their commitment to the idea. In 2005, the cabinet issued a directive to review the Integrated National Disability Strategy, 1997 (INDS). This policy was then released in 2007, taking into consideration updated policies, legislation and protocols as well as the impact of a changing and progressive international context on disability in South Africa. At the same time, South Africa recognized the value presented to the country in the UN Convention on the Rights of Persons with Disabilities and identified that the Articles of the Convention will guide government’s response to achieving an inclusive society in the review process.
South Africa has ratified the Convention and the Optional Protocols, and believes that implementation will enhance equality among all people. A national coordination board sits in the President’s Office to monitor the work of the government and NGOs on issues related to disability, including budget allocations. Each government department also has a referral person/coordinator for disability issues.
At the highest levels, every government minister is responsible for progress on disability in his or her department and reports on integration and mainstreaming within the ministry to the president, through the President’s Office on Disability. The government would also like to form partnerships with other states to work on strategies and procedures for implementation.
At the provincial level, there is a disability council that works in a similar way to the national coordination board in monitoring and integration of people with disabilities. Their focus is mainly on regional and local governments and on the lower level government positions.
Ms. Mahlangu offered the thought that the success of disability mainstreaming relies on how well the roles of all stakeholders are defined. Ministers, as one group of stakeholders, play a sector-specific role and each sector needs focal people as coordinators. These can include representatives from DPOs, human rights organizations, parliamentarians and businesses.
e. Uganda’s progress on disability: nothing for us without us
The Hon. Balyejjusa Julius,
Member of Parliament Representing Persons with Disabilities, Eastern Uganda
Constituency, Republic of Uganda
Uganda has already made considerable progress in implementing the UNCRPD and on other laws relating to people with disabilities. Unfortunately, before the National Resistance Movement (NRM) government came to power in 1986, people with disabilities were not recognized at all by the government or even by the larger society. After 1986, people with disabilities began to advocate seriously for their rights. During the constitutional review process initiated by the NRM, disability issues were seriously debated with all the lawmakers involved at that time. From that period affirmative action began in Uganda, which in turn strengthened the disability movement in the country. Uganda has already taken the following steps to bring the UNCRPD to life:
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Uganda was among the first countries to sign the Convention
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Uganda was also among the first countries to sign the Optional Protocol
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The line Ministry has also written a cabinet paper which is before the Cabinet of the Republic of Uganda for Ratification of the UNCRPD
In addition to progress on ratifying the UNCRPD, Uganda has made other progress on disability issues. This includes involving people with disabilities at all levels within the government of Uganda – from village level to parliament – which believes in the phrase “nothing about us without us.” This includes representation by disabled people on all statutory bodies and commissions.
There is also a Minister responsible for disability affairs, and desk officers in the Office of the President and Vice President, also responsible for disability affairs. The Government of Uganda enacted “The Persons with Disabilities Act 2006” through the parliament, and since this preceded the UNCRPD of May 2007, it is an indication that Uganda is ahead of other countries in terms of championing disability issues.
On the economic side, the Government of Uganda is involved in the implementation of the “Prosperity for All Programme,” aimed at alleviating poverty among the Ugandan population. People with disabilities are stakeholders in this program and are being consulted on the best strategies for its implementation and monitoring, among other activities for income generation.
Looking at the social aspect, people with disabilities are given first priority when enrolling under the Universal Primary Education (UPE) and Universal Secondary Education (USE) programs. At both tertiary and university level, there are slots for people with disabilities under affirmative action.
Similarly, the government of Uganda has built four regional schools for special needs education and plans are underway for eighteen sub-regional special needs education schools. A full department in charge of special needs within the Ministry of Education underpins these initiatives. The government’s ministry of health follows a similar model, where there is a desk officer responsible for health matters relating to people with disabilities.
Because of the progress on disability rights that has already been made in Uganda, the country’s programs can serve as models for those of other states. Other countries are invited to look to Uganda’s example when implementing the UNCRPD.
f. Legal reforms in Kenya
Josephine Sinyo, Law Reform Commission, Kenya
Josephine Sinyo, the only Senior State Counsel with a visual impairment and the first blind woman lawyer in Kenya, has been involved with the country’s disability movement for decades. Disability is not new as a political issue in Kenya: in the 1990s the disability act was passed and now disability is handled by the Ministry of Children and Gender. There is also an independent board, the Disability Council, which was established to oversee disability issues and programs within the country.
To bring the disability act to life, it was followed up with a draft national disability policy in 2007. Unfortunately, the document was not finalized within the expected timeframe because of the civil unrest in the country in early 2008, but it should be completed soon.
What are the aims of the Disability Act? Its goal is the provision of disability-friendly services in the country, including in health and education. A draft inclusive education policy is in the process of being formulated. It was also delayed by the communal violence, but once enacted will make education of children with disabilities central to government educational policy. Another goal of disability activists in Kenya is to amend the Kenya national constitution, which does not give disability a positive profile.
g. Mechanisms to support people with disabilities in Malawi
Felix Sapala, Ministry of Persons with Disabilities and the Elderly, Malawi
Malawi recognizes its responsibility in putting in place mechanisms to help people with disabilities to participate actively in society, and this is embodied in the Ministry of Persons with Disabilities and the Elderly, which was founded in 1998.
The government has already taken steps to sign and ratify the Convention. First it conducted a two-day consultation workshop in March 2008 that included disabled people’s organizations, service providers and a cross-section of other stakeholders. Everyone there agreed that the UNCRPD should be signed and ratified.
Clement Khembo, the Minister for Persons with Disabilities and the Elderly, signed the Convention in September 2007. To move to the next stage – ratification – a cabinet paper promoting the rights of people with disabilities was submitted to the Ministry of Justice. This is now in the final review stage at the ministry, which will then present it to parliament as a bill to be voted on by MPs.
The paper proposes that all government ministries allocate a budget for disability. In particular, the government will need to improve access to education and training, covering both more students and the types of courses available. Government ministries are also expected to look into structures within their programs that will equalize opportunities for people with disabilities.
The government of Malawi already intervenes in paying school fees for children with disabilities, because education will make their skills more attractive in the labor market. There is also a government campaign to encourage public and private sector employers to recruit disabled people, and the government has also increased small loan and microfinance programs that support entrepreneurs and small businesses run by people with disabilities.
h. The status of persons with disability in the Philippines
Manuel Agyao, Member of Congress, the Philippines
Approximately 82% of people with disabilities in the Philippines live in rural areas, where services may be less developed than those in cities, reported Congressman Manual Agyao. People with disabilities are recognized within the Philippine constitution, which establishes a special disability agency. The Disability Act (1991), which was passed to improve the overall welfare of people with disabilities, further strengthened the situation. The government, as well as the NGO and private sector, remain committed to improving the welfare of people with disabilities in the country.
One manifestation of this is a wide program of vocational training centers around the country for people with disabilities. The program still needs to develop, however, because currently, resources to promote job placements that will accommodate everyone who is trained are limited. The government recognizes this and does recommend that employers in both the public and private sectors should employ more people.
i. Disability in China: the most populated country in the world
Ya’an Chen, Director, International Department, China Disabled People’s
Federation, China
The China Disabled People’s Federation (CDPF) is China’s umbrella organization for people with disabilities and has approximately 30 million members throughout the country, equating to roughly 3.4% of China’s total population. Providing services to people with disabilities on behalf of the government is its primary role.
The history of the CDPF is linked to the world disability movement. During the 1980s, when the movement was active, the CDPF was also supported by the establishment of the UN Decade for Disabilities, which ran from 1983–1992. China is now examining internal policies and programs to review the status of people with disabilities in the country, in light of signing the UNCRPD. There are now four major disability programs in place in China:
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A national survey on disability that started in the 1980s and is now published online
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Revision of national laws that were completed and adopted in May 2007
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Rehabilitation programs specifically designed for people with disabilities
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Education programs to improve the educational experience of people with disabilities
Questions to and answers from the panel
In Uganda, the National Union of Disabled People is the umbrella body that helps
coordinate partners’ roles. 50% of its representatives are people with disabilities.
In Nigeria, banks are usually not accessible. People with disabilities demonstrated against this, which led to a riot. It was settled peacefully with the hope that new legislation on people with disabilities’ rights will cover the issue of accessibility in public buildings.
In Kenya, before the last elections, there was a cabinet paper prepared on the issue of inclusive education, but this was not carried forward seriously enough. Now there is a new disability minister – this post was only a month old at the time of the conference – and the Law Reform Commission of Kenya has already visited her. They aim to move together on all mainstreaming issues.
The number of children with disabilities in China has fallen. Mr. Chen’s personal opinion on why this has happened is that it is, in part, a result of China’s one child policy. Parents make sure that the mother has better prenatal care and better practices are followed during births. Iodine has also been added to salt in the country and medical services for pregnancy have improved overall. Other reasons, Mr. Chen believes, will emerge following academic study and analysis of the situation.
In Uganda, the special schools cater mostly for deaf and visually impaired students. Most public buildings now being constructed are accessible and plans are underway for provision of assistive devices. Sadly, budget constraints are the biggest challenge.
The Chair of the government panel, Peter Ackroyd, Country Director, DFID (Department for International Development of the UK), Ethiopia, offered the following suggestions for ideas that people might like to carry forward based on this session:
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Should the ratification process be a target for all African nations?
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Moving on to implementation, there is a feeling of a real sense of change. To make this happen, we need consultation and government commitment
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A large number of agencies need to be involved
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What we can all do is “walk the talk” – in other words, make our actions match our words
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There is a big question of numbers here – people with disabilities in rural areas may be hidden
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We must stop talking to ourselves and talk to the wider development community
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The no-gap policy comes into the implementation process