Draft Disability Bill in Mozambique

THE government of Mozambique has put in place a technical committee to drive the process of developing a new disability law to be called “The Rights of Persons with Disabilities Bill”. This is a positive move because the rights of persons with disabilities are constantly and consistently being violated with impunity. The disability law in Mozambique will re-enforce the UN Convention on the Rights of Persons with Disabilities which was ratified by Mozambique in 2012. The government of Mozambique has also put in place clear Terms of Reference for the technical committee and a road map for its work. We hope the road map will be ‘walked through’ without any breach.

It is very important for persons with disabilities in Mozambique to ensure that they participate full and effectively throughout the process of developing this new law. The participation should be through their representative organizations and at the same time as individuals. Currently, the Bill is a its ‘raw stage’ and it needs a lot of panel beating in  order to align it to the UN Convention on the Rights of Persons with Disabilities (CRPD). The people of Mozambique should ensure that the law promotes community based rehabilitation; inclusive education; accessibility; participation in public and political life; access to health care and access to justice. The law should also ensure persons with disabilities have got the right to enjoy and exercise legal capacity. The people of Mozambique should make sure they make the law reflect the principles of the CRPD as enshrined in its Article 3. The law should protect persons with disabilities from being denied their liberty on the basis of their disability.

It should also come to the attention of Mozambicans that the new law should at the same time not promote residential segregated schools for learners with disabilities because this contradicts the principles off the CRPD. The first Bill which was presented to the technical committee on Friday, 9^th May promotes special educational needs and residential schools. A better way of putting this to reflect inclusive education should be found. The Bill also has a section which spells out the duties of persons with disabilities. One of such duties tries to say that persons with disabilities should not use their disability to their advantage. This is difficult to understand. What the Bill should do is to promote and protect the rights of persons with disabilities as spelt out its objects. It should not include anything which seems to derogate the given rights. The Bill needs a lot of serious work.

The Bill has got a tight roadmap which starts from January 2014 with the putting in place of the technical committee and end in November, 2014 when it is handed over to the Mozambican Cabinet. The roadmap does not go further to show when the Bill will be in Parliament for enactment. Mozambicans should watch out for why it ends with Cabinet instead of Parliament. It might be stuck in Cabinet or just ‘got lost’. By the way, 2014 is an election year for Mozambique and this could be one of those issues that might be rushed up to Cabinet level and be stuck there because after November, elections would have passed.

Looking at the Bill, you observe that there is need to educate people on the principles and provisions of the CRPD. There need for citizens to understand issues around inherent dignity, autonomy and independence of person. There is also need to understand non-discrimination and equal protection before the law. Issues of legal capacity, inclusive education and community based rehabilitation must be understood to advocate for a law that is in line with the CRPD.

Zambia already has got a law called “Persons with Disabilities Act 2012”. It is very important that citizens, including persons with disabilities, familiarize themselves with this law. It is a good piece of law because it protects persons with disabilities from discrimination on the basis of disability. It also provides for persons with disabilities their right to exercise legal capacity. We all know that the current Constitution of Zambia does not take disability as a prohibited ground for discrimination. But the Persons with Disabilities Act 2012 does so. The last draft Constitution which was being discussed last year also does so. Persons in Zambia should join the many citizens calling for the release of the final Draft Constitution to the public so that they participate in checking whether their issues remain as intact as they submitted them.

Wamundila Waliuya

May 2014.