Disability Rights Watch (DRW )is a regional programme of intervention with practical objective to build the capacity of civil society in southern Africa to independently promote, protect and monitor domestication of the Convention on the Rights of Persons with Disabilities (CRPD).
Wednesday 25 May 2022
Plot No 37A Elm Road Woodlands, Lusaka, Zambia Phone: +260956396085, Email: info@disabilityrightswatch.net www.disabilityrightswatch.net www.facebook.com/disarightswatch Celebrating Africa Day 2022 Perception from the Disability Rights Lens By Wamundila Waliuya Executive Director 25 May, 2022 Persons with Disabilities continent-over are celebrating the Africa Day which falls on 25th May, 2022. As much as the day is important to all Africans, it is equally important to persons with disabilities in Africa. Africans with disabilities have got key milestones to fully celebrate and “dance to” in the development and recognition of them as equal habitats of this beautiful continent. Persons with disabilities in Africa have also seen developments in the recognition of their human rights through the African Union (AU). This article attempts to draw attention to the human rights milestones persons with disabilities must recognise and therefore demand for their respect and fulfilment at country, regional and continental levels. Particular attention will then be drawn to the Zambian situation. We presume the Africa Day is well known by every person, including persons with disabilities. Nevertheless, it is of no major harm to briefly describe the important day. Africa Day is the annual commemoration of the foundation of the Organisation of African Unity (OAU) on 25th May 1963. The OAU is now the AU. It is celebrated in various countries on the African continent, as well as around the world. Africa Day is commonly known as the Africa Freedom Day. It is also formerly referred to as the Africa Liberation Day. Africa Freedom Day and Africa Liberation Day are apparently politically satisfying for all those States persons who struggled for the independence of African States. We pay great tribute to them and some of them are persons with disabilities. The continent of Africa is an integral body of the global world when it comes to the recognition, promotion and protection of human rights through the AU. In view of this, the AU adopted the African Charter on Human and People’s Rights (ACHPR) in June, 1981. This milestone in the quest to recognise Africans, including all Africans with disabilities, as equal citizens of the world who must enjoy their human rights and fundamental freedoms as proclaimed by the Universal Declaration of Human Rights (1948) should never be under-estimated at all. It stands out key in the strengths of persons with disabilities and their representative organisations in articulating their rights and advocating for the specific frameworks that outlines their rights. The Charter, in its Article 66, provides that special protocols or agreements, if necessary, may supplement the provisions of the African Charter. The Charter, in its Article 18(4) further provides that persons with disabilities shall have the right to special measures of protection in keeping with their physical or moral needs. These Articles of the ACHPR form the basis for the growth and development of specific human rights frameworks within the African perspective. This has been further strengthened specifically by paragraph 20 of the AU Kigali Declaration on Human Rights of 8 May 2003, which "calls upon States Parties to develop a Protocol on the protection of the rights of the elderly and persons with disabilities". This is an important milestone in the background of the recognition of specific “Africanised” rights and fundamental freedoms for persons with disabilities. It is therefore essential to note that this background was amidst the fact that there was the absence of a substantive binding African normative and institutional framework for ensuring, protecting and promoting the rights of persons with disabilities, according to the preamble of the African Disability Protocol. This raised the need to establish a firm legal African Union framework as a basis for laws, policies, administrative actions and resources to ensure the rights of persons with disabilities. This recognition made persons with disabilities through their representative organisations raise their heads and voices to call for the adoption of a specific Protocol to address their rights from the African perspective. Therefore, the AU, in January, 2018, adopted the Protocol to the ACHPR on the Rights of Persons with Disabilities in Africa also referred to as the African Disability Protocol (ADP). This adoption should be treated as a quantum leap in the promotion and protection of the rights of persons with disabilities by the AU. It is therefore worth celebrating as persons with disabilities join the rest of Africa in commemorating the Africa Day. The purpose of the ADP is to promote, protect and ensure the full and equal enjoyment of all human and people's rights by all persons with disabilities, and to ensure respect for their inherent dignity. In many instances, persons with disabilities have been calling for the strengthened promotion and protection of their rights without realising that this goes with the respect for their inherent dignity. The respect for the dignity of all persons with disabilities is non-negotiable and must always be adhered to by all African States. African States struggled for the independence of their citizens to restore the dignity they had seemingly lost through colonialism. So goes with the adoption of the ADP. It stands to emphasise the respect for the inherent dignity of all persons with disabilities which had been “seemingly” eroded by a selective number of African traditions, customs and beliefs among the actual colonialism. Africans with disabilities should therefore be visible and outstanding when celebrating the African Day! Persons with disabilities in Africans are Africans. Proud Africans to be Africans with Disabilities! This means that Africans with disabilities should be visible in the public and political spaces and corridors of Africa at country, regional and of course continental levels. This opportunity is being promoted by the ADP in its Articles 19 and 20. Article 19 of the ADP promotes equal participation of persons with disabilities in public and political life while Article 20 calls for self-representation of persons with disabilities. This is key to note and uphold for all persons with disabilities and their representative organisations. Persons with disabilities must now be seen to tighten up their belts, if they still have strong belts that may not snip as they tighten them amidst tough and aggressive economic conditions in Africa. Persons with disabilities must also be seen to be pulling up their socks, if their socks are still intact, in this post_Covid 19socio-economic situation aggravated by the Russia-Ukraine war. Visibility and recognition as viable contributors to social and economic development of Africa and their countries through full and effective participation in public and political life is a matter of emergence action. Persons with disabilities should be counted in the global promise of leaving no one behind. They must not let themselves be left behind! Full and effective participation of persons with disabilities in public and political life is the unlocking of all doors that have been apparently locked for a long time. Persons with disabilities require to hold key decision making positions within their government structures, within all regional bodies and of course at continental level within the AU structures. Then, commemorating the African Day would be worth celebrating with wet throats behind smiling and shiny lips rather than with very dry throats behind folded and cracking lips on frowning faces. This should never be the case among true African citizens with disabilities. It should never be the case. Persons with disabilities must actively claim their space within the political spheres of all States, African regions and the AU itself. Africans with disabilities must without any form or sign of apologetic approaches strive to “hold the handles” they need to hand on for effective self-representation in all decision making bodies of Africa at all levels from the community to the great Commissions of Africa. This is a call for this 2022 commemoration of the African Day by persons with disabilities and their representative organisations! Nobody will stand out for persons with disabilities apart from themselves! Truly, there is nobody in this Africa. This is the time for persons with disabilities through their representative organisations to strengthen their efforts and advocacy for the ratification of the African Disability Protocol by their governments. This is the time to hold accountable their governments when it comes to full and effective inclusion in all developmental actions. The ADP calls for the recognition of women, children, youths and elders with disabilities in all spheres of economic, social, political, cultural and civil rights. The ratification of the ADP by all African States must be taken as a life and rights saving matter for persons with disabilities. As we commemorate the 2022 Africa Day we should immediately realise that the 2023 commemoration of the Africa Day will mark 60 years of the founding of the then OAU and now AU. This will be a year of jubilation for all Africans because 60 years of enjoying human rights and freedom from discrimination is a huge mark for exhibiting what may seem to be the ‘last dance’ in one’s life. What will be there for persons with disabilities to celebrate and dance for? Persons with disabilities, through their representative organisations should begin to aggressively call for the ratification of the ADP by all African States by 25th May, 2023. Africans with disabilities should further demand for the domestication of the ADP by their governments through enacting laws that protect their rights and fundamental freedoms at home. Persons with disabilities through their OPDs should then launch and highly amplify their voice for the adoption of community based inclusive development strategies towards their full and effective participation in all speheres of human development within their States. In the long-run, children, youths, adults and the elderly with disabilities must live a fulfilled and enjoyable life on an equal footing with other citizens. 2023 Africa Day should be a fulfilling day for Africans with disabilities. Let persons with disabilities not lose this great celebration! Persons with disabilities in Zambia are part of the African Community and part of the ACHPR. They must be seen to be aggressive when it comes to strategic advocacy for the ratification of the ADP by their government. While Zambia ratified the ACHPR as a Member State of the AU, it has not yet ratified its disability rights specific Protocol, the ADP. Therefore, persons with disabilities and their OPDs must throw off that warm blanket of untrue comfort and be out to call for the immediate commencement of the legal processes to ratify the ADP by the New Dawn Government. The New Dawn Government is clear and explicit in promising to uphold human rights and democracy and to promote inclusive development in which all citizens are equal. The time is NOW! Persons with disabilities and their OPDs should strengthen further their strategic advocacy efforts to government to develop policies, laws and take administrative measures that recognize, promote and protect the rights of persons with disabilities with the adoption of the peculiar Zambian perspectives of local socio-economic situation, local beliefs, cultures and traditions while upholding the Constitutional National Values and Principles. So, this should be core to OPDS to ensure the ratification and domestication of the ADP is adopted as an essential undertaking by the Government in order to emphasize its standing on the upholding of democracy, human rights, inclusion and the principle of leaving no one behind, with a strong anchor on the Constitutional National Values and Principles. Again the time is NOW! May, 2022
Monday 24 January 2022
24th January,
2022
Global Disability Summit 2022
Commitments
to create a more Disability Inclusive Zambia – Delivering Quality Health
Many
persons with disabilities in Zambia still bemoan the quality of health they
receive in comparison with other persons who do not have disabilities. They
believe that the quality of health they receive is not of the same standard as
that delivered to persons without disabilities. This is a paradox because
persons with disabilities attend the same health facilities, with the same
health professionals and maybe the same medicines and other medical services.
Anyway,
what persons with disabilities and their representative organisations are
saying is that they encounter different barriers that tend to hinder them from
accessing the quality of health they deserve. In simple terms, persons without
disabilities do not encounter any of the barriers persons with disabilities
encounter. Thus the difference in the quality of health they receive. It is
therefore very important that the Government of the Republic of Zambia
redresses this discriminatory situation by exhibiting accountability to its
international obligations, under the Convention on the Rights of Persons with
Disabilities (CRPD) and the Sustainable Development Goals (SDGs) through the
Global Disability Summit 2022.
The
government has an opportunity to begin
positioning itself strategically in terms of fulfilling its international
obligations. This is in as far as implementing with the promise of leaving no
one behind. This will be actualised by having the government to sign up to the
Global Disability Summit 2022 by expressing specific, ambitious and deliverable
Commitments on the provision of quality health to persons with disabilities.
This
article will specifically and deliberately focus on some Commitments to deliver
quality mental health services to all, but in particular persons with mental
conditions and indeed associated psychosocial disabilities. The GDS22, to which
the government should commit itself to will be held from 15th to 17th
February, 2022 in Oslo, Norway. It will be held virtually, so many persons have
got any opportunity to attend.
At
this point in time, let us dwell straight into the Commitment the Organisation
of Persons with Disabilities (OPDs) are proposing that government upholds and
dedicate itself to during the GDS22 and thereafter during implementation. The
Commitment is picked among other Commitments from the thematic field of health.
The OPDs propose that the government Commitment should be, “by end of 2023 Ministry of Health will
appoint the Mental Health Council, with a commensurate budgetary allocation and
action plan”. This Commitment is drawn from the Mental Health Act of 2019. The
object of the Act includes the partial domestication of the CRPD. So, this is
where the government should pick it from. Committing to appoint the members of
the Mental Health Council and establishing its secretariat is about
implementing the Act. Basing our reference to the object of the Act to
domesticate the CRPD, the implementation of the Act is a stride to the
implementation of the CRPD. It is also about actualisation of the SDGs,
especially Goal 3, which includes indicators on mental health. It is in this
perspective that the government should interpret its dedication to this
Commitment because it contributes to fulfilling its international obligations
on the CRPD and the SDGs. Its own proposition of leaving no one behind is also
amplified and strengthened.
The
Commitment, by government, to appoint the Mental Health Council members carries
with it many implications directly related to the principles and spirit of the
CRPD. This can be seen in the functions of the Council as provided for by the
Mental Health Act 2019.
Of
course the first function is to protect the rights of a mental patient. This
brings to light that the government recognises and respects the rights of
persons with mental conditions and associated psychosocial disabilities. This
recognition is all about realising that persons with mental conditions are
rights holders, who must be allowed to make their own decisions and participate
in life activities on an equal basis with others. It is essential here that
this function of the Council in the Mental Health Act is specifically
addressing rights related to accessing mental health services. In a real
perspective, persons with mental conditions and psychosocial disabilities’
rights spread across all life domains like education, employment, physical
health, financial services, housing and relationships. These are the same
rights as those of other persons with disabilities and of course persons
without disabilities. This perspective should never be lost.
The
other important function of the Mental Health Council, the government should be
alert to as it commits itself to appointing members of the Council, is to facilitate
and promote communication about mental health issues, including the elimination
of stigma and discrimination against a mental patient. Again, this leans on the
rights of persons with mental conditions and psychosocial disabilities to be
protected from stigma and discrimination on the basis of their disability. The
promotion of communication about mental health issues just as already stated
cuts across the recognition and respect of all the rights of persons with
mental health conditions and psychosocial disabilities across all life domains.
This promotion will eventually contribute to reducing stigma and
discrimination. This Commitment is very important because of the aspect of
reducing stigma and discrimination, which is a core thematic area of the GDS.
The
Commitment by government to appoint the Mental Health Council members will
strengthen the other function of the Council of facilitating the mobilisation
of resources for mental health services in Zambia. Mobilisation of resources
for mental health services and other disability inclusion programmes is a
Commitment on its own and the GDS22 emphasises this aspect of mobilising
resources for the implementation of the CRPD. Remember, as we go on to argue, we
are drawing these functions of the Mental Health Council to which the
government should commit itself to appoint its members from the Mental Health
Act of 2019. So, this is a low-hanging Commitment for the Government of Zambia
because it is already prescribed in law.
The
other function of the Mental Health Council, to which the government should commit
to appoint its members, is to facilitate the development and implementation of
community-based mental health services and promote de-institutionalisation of
persons with mental health conditions and psychosocial disabilities. This is a
key element of the CRPD on the right for persons with disabilities to be
included in the community while promoting personal liberty. Living within the
community also allows persons with mental conditions and psychosocial
disabilities to access other rights related to education, employment, housing,
financial services and relationships. This gives an opportunity for individuals
to live independently or chose where to live and with whom they should live
with.
The
Mental Health Act provides for the composition of the Council which includes a
person with a psychosocial disability coming from a representative organisation
of persons with psychosocial disabilities. This increases the participation of
persons with psychosocial disabilities in advocacy efforts in national CRPD
accountability spaces while promoting the promise of leaving no one behind. It
is in this view that by Committing to appointing the members of the Mental
Health Council, the government is greatly contributing to the implementation of
the CRPD and the actualisation of the SDGs. So, this Commitment is valuable,
specific and deliverable.
As
the government commits itself to appoint the members of the Council, it should
remain upright to ensuring that the appointment is gender sensitive. The issue
of the participation of women with disabilities should never come and remain at
the back of the thoughts of any government, including the Government of Zambia.
This is critical.
While
this article concentrated on the Government Commitment to appoint the members
of the Mental Health Council, it should not be swayed away from the other
important Commitments it should subscribe to in terms of providing persons with disabilities with the same range,
quality and standard of free or affordable health care and programmes as
provided to other persons, including in the area of sexual and reproductive
health and population-based on public
health programmes as provided for by the CRPD. This should include the
Commitment to provide health services as close as possible to people’s own
communities, including in rural areas. The Commitment to train health
professionals to provide health services while taking into consideration the
concept of disability inclusion should remain upheld by the government.
Conclusively, the Government of the Republic of Zambia carries a
huge chunk of respect when it comes to putting into place legislation meant to
promote and protect the rights of persons with disabilities. This respect
should always be reflected in all its deeds and consistent Commitment to fulfil
its international obligations towards implementing the CRPD. Zambia shall
always strive to go first in promoting and protecting the rights of persons
with disabilities. Correct?
Wamundila Waliuya,
Disability Rights Watch.
24th January, 2022.
Tuesday 18 January 2022
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18th January,
2022
Global Disability Summit 2022
(GDS22)
Commitments to
create a more Disability Inclusive Zambia – Delivering Quality Inclusive
Education
Questions
are being raised around the possibility of having quality inclusive education
in the quest to create a disability inclusive Zambia. Such questions do not
have immediate answers of “yes it is possible” or “no it is not possible”.
Maybe this is why it is still difficult to explicitly define ‘inclusive
education’ with a one world-wide accepted definition. Therefore, we shall by
all means sway away, from attempting to define inclusive education. But,
straight away, inclusive education is not about placing children with
disabilities in the same classroom as other children without disabilities. No!
With
this approach of examining the concept of creating a disability inclusive
Zambia and strongly standing for it, we shall remain simple and non-academic
and non-scholarly in our argument. This argument is meant to encourage the
Government of the Republic of Zambia to sign up to the GDS22 with specific and
deliverable Commitments on delivering quality inclusive education.
Quality
inclusive education is still a controversial necessity and excellent component
of creating a disability inclusive Zambia and it is inevitable in this growing
era of leaving no one behind. No learner must be left behind. No learner at
all! Not even on the basis of whatever impairment they have.
Zambia
is a well ‘nourished and fertilised country’ for the progressive implementation
of sustainable quality inclusive education. This is so because it already has
non-discriminatory pieces of legislation that expressly protect the rights of
children with disabilities from any form of distinction, exclusion and
restriction in accessing general education on an equal basis with other
children without disabilities. Zambia has got a Constitution that prohibits discrimination
on the basis of disability. Zambia has got the Education Act of 2011 and the
Persons with Disabilities Act of 2012 both of which prohibit discrimination on
the basis of disability when it comes to enrolment, retention and progression
in the education system. The country has been promoting quality inclusive
education in its Fifth, Sixth and Seventh National Development Plans. Its
Eighth National Development Plan (draft) is also strong on the promotion of
quality inclusive education. All national budgets for the last five to six
years are explicit on promoting and standing for inclusion and leaving no one
behind. This includes disability inclusion in the education system and leaving
no child with a disability behind.
Zambia
is blessed with pilot programmes on the implementation of inclusive education
which hungrily wait for scaling-up. What an already given base for drawing
sustainable Commitments on quality inclusive education by the Government of the
Republic of Zambia. The government cannot deliberately shy away from this
glorious gift of an open and friendly environment of ‘easy-to-adopt situations
towards creating a disability inclusive Zambia with an effective and
sustainable inclusive education system. Will the government shy away? No of course!
The
Government of the Republic of Zambia may actually base its Commitments on what
it already holds in its warm and promising disability inclusive arms.
Commitments on quality inclusive education should be based and focussed on
ensuring that all schools and other learning institutions are physically
accessible to all children with disabilities; all teachers, including teachers
with disabilities, are progressively trained and equipped with teaching skills
to manage, monitor and evaluate an inclusive education system in which full and
effective participation of children with disabilities in quality learning is
taking place. This should be accomplished side-by-side with achieving artistic,
life, emotional, intellectual, and social and academic/skills development on an
equal basis with other children without disabilities. This calls for Commitments
for a step-by-step review of the teacher education curriculum that will
eventually graduate teachers who are ‘disability inclusive’ and highly skilled
to sustain the progressive growth and development of true inclusive education
through a more collaborative and participatory approach. Such a collaborative and
participatory approach demands for real conviction of the families and
community structures around the schools. This real conviction of the families
and community structures must be tagged with a concrete pillar of
sustainability arising from the principles of community ownership, community
mobilisation and education, passionate voluntarism, child-education-rights
first, child-quality-health first and full teacher support and motivation. This
is all addressing the family and community structures.
The
burden of actualising and developing all this work with the families and
community structures will be borne by the government through a sustainable
local resource mobilisation drive. The local resource mobilisation drive will
be anchored on local development and modernisation of teaching and learning
materials, decentralised recruitment of both trained and volunteer teachers
that includes parents, raising and maintenance of accessible and climate
resilient school infrastructure. This will further cement itself on the
effective participation of parents and community leaders in the management of
the schools in a more strategic structure that may mirror a Parent and
Teacher’s Association but more of a Collaborative School Inclusion Committee.
This GDS 22 Commitment by government is crucial because it requires adequate
budgetary allocations and prudent management of resources. Otherwise, it is
apparently an unavoidable Commitment for the government.
In
view of the above, Commitments to support
the family and community structures must be made to ensure the structures receive
adequate allocation and disbursement of financial resources to facilitate for
the acquisition of modern inclusive assistive technology and devices,
accessible learning materials like books in accessible formats, e.g. Braille
for children with visual impairments, appropriate teaching and learning languages
like sign language with the recognition of the deaf culture for children who
are hearing impaired, finances and other technical supplies to repair and
maintain the teaching as well as learning equipment, including computer based
learning technology.
The
drive towards quality inclusive education will require a National Education
Policy that depicts and promotes the implementation of sustainable inclusive
education. The Ministry of Education already developed and published a Guide on
Special and Inclusive Education. The inclusive education components of this
Guide can easily be adopted to build a strong policy on education which
reflects clear disability inclusive principles. The Commitment here is to have
the 1996 National Education Policy – Educating our Future reviewed to adopt a
more child rights based policy with clear deliverables in its implementation
plan accompanied by a reflective budget of the actions. This GDS 22 Commitment
is also inevitable because the review of the 1996 education policy is long
overdue.
Awareness
raising is a key component of the drive towards creating a disability inclusive
Zambia with the contribution of quality inclusive education. Inclusive
education in Zambia seems to be a very controversial concept. This is all
because of the inadequate understanding of its principles and implications as
an educational model based on education as a right for all. This is why the
government should commit itself to provide quality inclusive education at all
levels starting from early childhood education to tertiary and life-long
education to cater for all. In order to strengthen this, government should
commit itself to providing free education to children with disabilities at all
levels. The government should also commit itself to provide reasonable
accommodation to all children with disabilities in the education system. In
order for this to be accepted and sustainable disability awareness should be
delivered to the communities, teachers, school management and other
professionals and workers within the education system.
The
implementation of quality inclusive education requires regular update of
disaggregated data on the different categories of children with disabilities in
and out of school, the ages and sex of all the children with disabilities. It
is also essential to have data on children without disabilities within the same
schooling system. This is one easy Commitment the government can carry to the
GDS22.
It
is very important for government to engage in international cooperation for the
effective implementation of quality inclusive education. Exchange of learning
and experiences in the implementation of quality inclusive education will bring
a ground for delivering what we would like to deliver in advancing inclusive
education for the creation of a disability inclusive Zambia. International cooperation
may extend to support in terms of human, financial and technical support. Why
not sign up to a Commitment to enhance international cooperation for the
development and implementation of quality and sustainable inclusive education
in Zambia? This will be good for a disability inclusive Zambia.
Remember,
this article is not on how to implement inclusive education. It is to encourage
the Government of the Republic of Zambia to sign up to the Global Disability
Summit 2022, take the leadership to adopt more specific and deliverable
Commitments on quality inclusive education to contribute to creating a
disability inclusive Zambia. Zambia is known to be a peaceful and democratic
country. The question remains, is peace and democracy real peace and democracy
in an exclusive society? We believe it’s NOT! Zambia must remain a beacon of
peace and democracy. Zambia must remain a beacon of disability inclusion. Let
us build this disability inclusion drive through the contributions of quality
inclusive education.
As
we conclude, it is essential for the government to realise that these GDS22
Commitments are not a stand-alone programme to advance disability inclusion.
The Commitments will assist the government to deliver on the Sustainable
Development Goals (SDGs) and leave no one behind. The Commitments also help the
government to enhance its efforts on the implementation of the Convention on
the Rights of Persons with Disabilities (CRPD). So, it is not in vain. Quality
inclusive education aims at having more children with disabilities acquire a
higher quality of education.
Signed,
Wamundila
Waliuya,
Director.
Global Disability Summit 2022 - Commitments to create a more Disability Inclusive Zambia
Zambia is one of the prominent and outstanding countries that have committed to respect and fulfil the rights and fundamental freedoms of persons with disabilities. This is demonstrated through the ratification of the Convention on the Rights of Persons with Disabilities just within two years from the time it came into force in 2008.
After the
ratification of the Convention, the country went on to domesticate it through
the enactment of the Persons with Disabilities Act of 2012. The National Policy
on Disability was also developed to guide the implementation of disability
inclusive programmes. Furthermore, the government went further to enact the
Mental Health Act of 2019 which partially adopts some of the principles of the
CRPD to advance the delivery of mental health services with the human rights
perspective with the recognition of the rights of persons with psycho-social
disabilities.
It is essential
that these efforts to promote disability inclusion in Zambia should be appreciated
and recognised. On the other hand, the actual and practical aspects of effective
disability inclusion whereas the welfare and livelihoods of persons with
disabilities are seen to improve towards a status of socio-economic parity with
the rest of the average Zambians are yet to bear desired fruits. This is all
the reason why the Government of the Republic of Zambia should scale up its
efforts to embrace disability inclusion by signing up to the Global Disability
Summit of 2022 with specific and deliverable Commitments.
The Global
Disability Summit 2022 (GDS 22) will run from the 15th to 17th
February, 2022 in Oslo, Norway. It should be noted that the GDS is part of the
global efforts to actualise the Convention on the Rights of Persons with
Disabilities (CRPD). Therefore, the Summit will mobilise efforts for the
implementation of the CRPD. The Summit will also strengthen the realisation of
the principle of leaving no one behind and on building back better and more
inclusively post-pandemic.
This is a great
opportunity for the government to sign up to the Summit and make specific
Commitments on its promise to implement the CRPD. The Commitments the
government will make will also directly reflect its thematic proposition on the
implementation of its national development framework of leaving no one behind.
The Commitments will further strengthen the government drive on building back
better and more inclusively post-pandemic. Therefore signing up to the GDS 22
with ambitious Commitments is a reasonable stride towards disability inclusion
in Zambia.
The opportunity
is now for the Government of the Republic of Zambia. Why? Zambia is in a
“political new dawn” period which is based on building on stronger democratic
principles, inclusion and leaving no one behind. The new dawn is all about the
political sunrise being driven by the administration of the United Party for
National Development (UNDP) whose entry to an equal Zambia is premised on an inclusion
agenda.
In our
perspective as Disability Rights Watch (DRW) inclusion is no inclusion at all
without the full and effective participation of persons with disabilities.
Persons with disabilities must be an unnegotiable integral part of national
development. This calls for visible disability inclusion.
But what is
disability inclusion? Many institutions, including government usually,
unknowingly, misinterpret disability to mean the presence of persons with
disabilities in a place, programme or service whether they are playing a
meaningful role or not. DRW interprets disability inclusion as a series of
practical steps and measures taken by the government to create a more
accessible physical environment and to adopt and effect adequate policies and
practices that will allow the free and effective participation of all persons
with disabilities in day-to-day socially and economically life roles and
responsibilities. This demands for positive attitudes among the society,
especially those individuals allowed to hold public and political office. In
the Zambian setting, disability inclusion means the full and effective participation
of all persons with disabilities in all the social and economic sector
activities like education, social protection, health, employment, sports and
culture without any form of discrimination. It also includes being actively
involved in family life including making free choices in relationships and
marriage. The government should cement its practical interpretation of
disability inclusion on this thinking as it draws up its Commitments towards a
disability inclusive Zambia.
So, which
specific thematic areas should the government commit itself to at the GDS22 as
it collaborates with organisations of persons with disabilities (OPDs) in
Zambia? The Government of the Republic of Zambia does not require a long
‘fishing hook’ to clarify what specific thematic sectors it should draw its GDS22
Commitments on. It already holds commitments in its previous and current
National Development Plans and policies. So, it is not about re-thinking and
re-creating a new will. The will already exists.
The clear
Commitments are around inclusive education, inclusive employment and
livelihood, access to health, science and technology, climate change and humanitarian
action. The government is already carrying strong commitment on gender equality
with much focus on girls and women. In all these thematic sectors, the
government should have a huge Commitment to engage persons with disabilities
through their representative organisations through transparent and effective
consultations in all matters of development and in all aspects of life. This is
the master key to creating a disability inclusive Zambia! A disability
inclusive Zambia will contribute to creating a more equal world. An equal world
is a world for all! It is not only about persons with disabilities.
The Government of the Republic of Zambia and
persons with disabilities now are in grip of this great opportunity to making
Zambia a true inclusive democracy. This will be reflected in the leadership the
government will take at the GDS22 through the making of more ambitious and
deliverable Commitments with persons with disabilities in the forefront of
inclusive development. The government should be clear on the strong inclusion
of girls and women with disabilities throughout the development process of
making of the GDS22 Commitments. Usually left-out groups of persons with
disabilities like children with disabilities, persons with mental and
intellectual disabilities; persons with albinism, deaf-blindness, autism,
multiple disabilities should actively be involved and their voices heard and
taken into consideration for the GDS22 Commitments. Then, we shall be heading
towards creating a real disability inclusive Zambia. A real equal world.
The
implementation of the CRPD is critical for creating a more disability inclusive
Zambia. Zambia strides to be a more dignified country. A dignified Zambia
stands for the respect of inherent dignity for all! The respect for inherent
dignity for all means the respect for inherent dignity for all persons with
disabilities. Therefore Zambia believes in inclusive dignity! Inclusive dignity
creates a highly dignified disability inclusive Zambia. The government commits
itself to create a more disability inclusive Zambia. Only then shall the people
of Zambia will stand and sing of Zambia proud and free. Only then shall all
persons with disabilities feel included in the “One Zambia: One Nation: slogan
of dignity and real humanity! A disability inclusive Zambia is for TODAY!
Wamundila
Waliuya,
Director,
Disability Rights
Watch
13th
January, 2022.
Wednesday 27 May 2020
Power of Paralegal Work in Promoting Education for Children with Disabilities
Ability
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Plot 37 Elm Road, Woodlands,
Lusaka, Zambia
Phone:: +260956396085, Email: info@disabilityrightswatch.net
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Global Disability Summit 2022
Commitments to create
a more Disability Inclusive Zambia
Zambia is one of
the prominent and outstanding countries that have committed to respect and
fulfil the rights and fundamental freedoms of persons with disabilities. This
is demonstrated through the ratification of the Convention on the Rights of
Persons with Disabilities just within two years from the time it came into
force in 2008.
After the
ratification of the Convention, the country went on to domesticate it through
the enactment of the Persons with Disabilities Act of 2012. The National Policy
on Disability was also developed to guide the implementation of disability
inclusive programmes. Furthermore, the government went further to enact the
Mental Health Act of 2019 which partially adopts some of the principles of the
CRPD to advance the delivery of mental health services with the human rights
perspective with the recognition of the rights of persons with psycho-social
disabilities.
It is essential
that these efforts to promote disability inclusion in Zambia should be appreciated
and recognised. On the other hand, the actual and practical aspects of effective
disability inclusion whereas the welfare and livelihoods of persons with
disabilities are seen to improve towards a status of socio-economic parity with
the rest of the average Zambians are yet to bear desired fruits. This is all
the reason why the Government of the Republic of Zambia should scale up its
efforts to embrace disability inclusion by signing up to the Global Disability
Summit of 2022 with specific and deliverable Commitments.
The Global
Disability Summit 2022 (GDS 22) will run from the 15th to 17th
February, 2022 in Oslo, Norway. It should be noted that the GDS is part of the
global efforts to actualise the Convention on the Rights of Persons with
Disabilities (CRPD). Therefore, the Summit will mobilise efforts for the
implementation of the CRPD. The Summit will also strengthen the realisation of
the principle of leaving no one behind and on building back better and more
inclusively post-pandemic.
This is a great
opportunity for the government to sign up to the Summit and make specific
Commitments on its promise to implement the CRPD. The Commitments the
government will make will also directly reflect its thematic proposition on the
implementation of its national development framework of leaving no one behind.
The Commitments will further strengthen the government drive on building back
better and more inclusively post-pandemic. Therefore signing up to the GDS 22
with ambitious Commitments is a reasonable stride towards disability inclusion
in Zambia.
The opportunity
is now for the Government of the Republic of Zambia. Why? Zambia is in a
“political new dawn” period which is based on building on stronger democratic
principles, inclusion and leaving no one behind. The new dawn is all about the
political sunrise being driven by the administration of the United Party for
National Development (UNDP) whose entry to an equal Zambia is premised on an inclusion
agenda.
In our
perspective as Disability Rights Watch (DRW) inclusion is no inclusion at all
without the full and effective participation of persons with disabilities.
Persons with disabilities must be an unnegotiable integral part of national
development. This calls for visible disability inclusion.
But what is
disability inclusion? Many institutions, including government usually,
unknowingly, misinterpret disability to mean the presence of persons with
disabilities in a place, programme or service whether they are playing a
meaningful role or not. DRW interprets disability inclusion as a series of
practical steps and measures taken by the government to create a more
accessible physical environment and to adopt and effect adequate policies and
practices that will allow the free and effective participation of all persons
with disabilities in day-to-day socially and economically life roles and
responsibilities. This demands for positive attitudes among the society,
especially those individuals allowed to hold public and political office. In
the Zambian setting, disability inclusion means the full and effective participation
of all persons with disabilities in all the social and economic sector
activities like education, social protection, health, employment, sports and
culture without any form of discrimination. It also includes being actively
involved in family life including making free choices in relationships and
marriage. The government should cement its practical interpretation of
disability inclusion on this thinking as it draws up its Commitments towards a
disability inclusive Zambia.
So, which
specific thematic areas should the government commit itself to at the GDS22 as
it collaborates with organisations of persons with disabilities (OPDs) in
Zambia? The Government of the Republic of Zambia does not require a long
‘fishing hook’ to clarify what specific thematic sectors it should draw its GDS22
Commitments on. It already holds commitments in its previous and current
National Development Plans and policies. So, it is not about re-thinking and
re-creating a new will. The will already exists.
The clear
Commitments are around inclusive education, inclusive employment and
livelihood, access to health, science and technology, climate change and humanitarian
action. The government is already carrying strong commitment on gender equality
with much focus on girls and women. In all these thematic sectors, the
government should have a huge Commitment to engage persons with disabilities
through their representative organisations through transparent and effective
consultations in all matters of development and in all aspects of life. This is
the master key to creating a disability inclusive Zambia! A disability
inclusive Zambia will contribute to creating a more equal world. An equal world
is a world for all! It is not only about persons with disabilities.
The Government of the Republic of Zambia and
persons with disabilities now are in grip of this great opportunity to making
Zambia a true inclusive democracy. This will be reflected in the leadership the
government will take at the GDS22 through the making of more ambitious and
deliverable Commitments with persons with disabilities in the forefront of
inclusive development. The government should be clear on the strong inclusion
of girls and women with disabilities throughout the development process of
making of the GDS22 Commitments. Usually left-out groups of persons with
disabilities like children with disabilities, persons with mental and
intellectual disabilities; persons with albinism, deaf-blindness, autism,
multiple disabilities should actively be involved and their voices heard and
taken into consideration for the GDS22 Commitments. Then, we shall be heading
towards creating a real disability inclusive Zambia. A real equal world.
The
implementation of the CRPD is critical for creating a more disability inclusive
Zambia. Zambia strides to be a more dignified country. A dignified Zambia
stands for the respect of inherent dignity for all! The respect for inherent
dignity for all means the respect for inherent dignity for all persons with
disabilities. Therefore Zambia believes in inclusive dignity! Inclusive dignity
creates a highly dignified disability inclusive Zambia. The government commits
itself to create a more disability inclusive Zambia. Only then shall the people
of Zambia will stand and sing of Zambia proud and free. Only then shall all
persons with disabilities feel included in the “One Zambia: One Nation: slogan
of dignity and real humanity! A disability inclusive Zambia is for TODAY!
Wamundila
Waliuya,
Director,
Disability Rights
Watch
13th
January, 2022.
Tuesday 26 May 2020
Responses to persons with disabilities during the COVID-19 responses
- avoiding visiting any health facility in fear of stigma and discrimination. This includes the fear to access sexual and reproductive health services, including HIV services because of the perception that they may be ‘asexual’ or not sexual active leading to non-protection.
- fear of losing livelihood or employment as a result of perceived unwantedness from the society and employers;
- fear of being isolated or secluded as a result of any form of impairment, especially psycho-social impairments;
- fear of being socially excluded because of a previous admission or seclusion in a mental health institution;
- feeling a sense of being stigmatized just because you are a care-giver or parent of a child with a disability;
- feeling discomfort among peers just because you are in love or you a spouse to a person with a disability;
- avoiding falling in love or any intimate relationships with other persons without disabilities in fear of rejection and scold and embarrassment;
- regular and consistent feeling of helplessness, unwanted, bored and rejection due to their disability;
- choosing to remain deliberately isolated or operating within a closed disability cluster in fear of failure of the other people not understanding they form or mode of communication or language;
- fear of joining a career or profession related to disability, especially psycho-social disability, due to the existing stigma around disability.
- Fear of falling ill and dying.
- Avoiding approaching health facilities due to fear of becoming infected while in care.
- Fear of losing livelihoods, not being able to work during isolation, and of being dismissed from work.
- Fear of being socially excluded/placed in quarantine because of being associated with the disease (e.g. stigma against persons who are from, or perceived to be from, affected areas).
- Feeling powerless in protecting loved ones and fear of losing loved ones because of the virus.
- Fear of being separated from loved ones and caregivers due to quarantine regime.
- Refusal to care for unaccompanied or separated minors, people with disabilities or the elderly due to fear of infection, because parents or caregivers have been taken into quarantine.
- Feelings of helplessness, boredom, loneliness and depression due to being isolated.
- Fear of reliving the experience of a previous epidemic.
- Risk of being infected and infecting others, especially if the transmission mode of COVID-19 is not 100% clear.
- Common symptoms of other health problems (e.g. a fever) can be mistaken for COVID-19 and lead to fear of being infected.
- Caregivers may feel increasingly worried for their children being at home alone (due to school closures) without appropriate care and support. School closures may have a differential effect on women, who provide most of the informal care within families, with the consequences of limiting their work and economic opportunities.
- Risk deterioration of physical and mental health of vulnerable individuals, for example older adults and persons with disabilities, if caregivers are placed in quarantine if other care and support is not in place.(Adapted from the IASC Reference Group on Mental Health and Psychosocial Support in Emergency Settings: Interim Briefing Note – February 2020)While we were looking at the above expressions which seem to suggest that COVID-19 is fierce and should scare people from seeking health care, which includes quarantine, we are actually on the contrary saying there must be interventions to encourage people to voluntarily avail themselves to the health system because all the services, including quarantine are safe. We therefore support the continuous call by the Minister of Health to boldly state that the interventions are SAFE. What sometimes scare many people, including persons with disabilities is false news about COVID-19 and its related services. Already the extreme fear for COVID-19 services and procedures is already a mental health issue which can easily be avoided.
- Wash your hands frequently with soap and water. This is the usual soap we use for bathing in our day-to-day lives. There is no special soap for persons with disabilities.
- Use an alcohol-based hand sanitizer if soap and water are not available. This does not refer to the alcohol people drink in order to get drunk or intoxicated. It is certified by health experts.
- Avoid close contact with anyone showing signs and symptoms of respiratory illness such as coughing and/or sneezing. As persons with disabilities, this is also possible despite the challenge of always wanting to be close to persons who support us. Avoid those support persons with these symptoms and work with those others without symptoms. This does not mean that you have abandoned your beloved care-giver or favorite support person.
- Avoid touching your eyes, nose, and mouth with unwashed hands. Always wash your hands regularly with soap and water before touching your face. Sometimes, the type of impairment you have requires that you touch your eyes, nose or mouth regularly.
- When coughing or sneezing cover your mouth and nose with flexed elbow, handkerchief or tissue. On a serious note, what if you have been amputated from above your elbow? You are able to cough within the available space you have adapted to use when covering your mouth or nose.
- Cook all your meat and meat products thoroughly before eating.
- Avoid unprotected contact with live wild or farm animals.
- Avoid spitting in public.(Adapted from the Ministry of Health Guidelines)The above guidelines are easy to follow but they must be availed to persons with disabilities in appropriate and accessible formats. Persons with disabilities and their representative civil society organisations must demand for this. It is a human rights issue.As we conclude, we should realise that mental well-being is for all despite disability. Zambia should be known as a nation that promotes both physical and mental well-being among all its people. It stands firm on the motto “leave no one behind”. Therefore the physical and most importantly the mental well-being of persons with disabilities in this time of the COVID-19 pandemic must be a priority. It is very important for the government to ensure that psychological first aid, emotional support and counseling services are in place and effective. Such services should include specific skills to tackle the double stress or trauma persons with disabilities face in this era of this deadly pandemic. Proactive psychological first aid, emotional support and counseling services should always be in place at all times, and not only be called for during stressful and traumatic periods like this one. No!There must be a strong and effective pre-quarantine, in-quarantine and post-quarantine counseling mechanism that must be targeted to those infected directly and are being quarantined and those affected because they are in close relationship with the infected persons. The above outlined expressions or stresses require psychological first aid, emotional support and counseling services. No doubt! But the big question is do we have such services targeting the COVID-19 infected and affected persons? It is obviously no. Then it is worse for persons with disabilities.But, where is the Mental Health Unit of the Ministry of Health? This is the time we should have seen and heard the Unit leading the mental health and psycho-social mitigation intervention arising from COVID-19. Is it about capacity to provide and/or coordinate such robust services? Or is it about placing little priority on mental health and psycho-social support services by the government? This is the time to examine ourselves as a people, through a critical introspection by our government.Other questions that require urgent answers include: when is the Ministry of Health going to establish the Mental Health Council of Zambia as provided for in the Mental Health Act of 2019? The Mental Health Council should have been essential in contributing in the coordination of the necessary mental health and psycho-social support services at this time of the COVID-19. We need action today!! As we make this call to action, we would like to emphasize the position that DRW is essentially part of the consensus built in the country to rally behind President Edgar Lungu’s call to concentrate on prevention to avoid burdening the health care system with clinical cases of COVID-19.