Power of Paralegal Work in Promoting Education for Children with Disabilities

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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 15^th to 17^th 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

13^th January, 2022.

Responses to persons with disabilities during the COVID-19 responses

Addressing Persons with Disabilities and those Working with them during the COVID-19 Emergency Situation

MENTAL HEALTH AND PSYCHOSOCIAL RESPONSES TO COVID-19

 

It is common knowledge that in times of emergencies, including health emergencies, persons with disabilities, among other groups who are vulnerable are usually affected differently. Their mental health is usually affected negatively. It is not only the mental health of persons with disabilities that is affected but that of their partners, support persons and families. Therefore, this article will Endeavour to focus on how the COVID-19 pandemic may affect the mental health of persons with disabilities and those who work around them.

 

It is essential to understand what “mental health” is because a mention of the term usually is received with negative feelings. Many people associate “mental health” as an equivalent of “mental illness” when it is not. According to the World Health Organisation (2015) mental health is a state of well-being in which the individual realizes his or her own abilities, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to his or her community.

 

This is easy and straight forward. So, COVID-19 emergency responses and interventions may compromise or affect the state of mental well-being of persons with disabilities and those people working around them. It is therefore important for the government to realise this mental health issue in relation to the COVID-19 emergency responses and interventions. Persons with disabilities must be a priority, together with other vulnerable groups. But, public emergency responses usually tend to ignore them or attend to them as an afterthought. This, we have observed in our advocacy work especially when it comes to droughts, floods, cholera and so on. They are the first to forget and the last to remember. It is thus essential that persons with disabilities, through their representative organisations take proactive measures to strategically advocate for specific emergency, administrative, policy or legislative measures to have persons with disabilities prioritised during such emergency situations.

 

We are all aware that persons with disabilities, especially girls and women with disabilities, face several forms of stigma and discrimination that begin right from the families they live with, to the communities and society as a whole. In most cases, they live in seclusion or in designated segregated areas like rehabilitation centres or institutions.

 

It is not uncommon for persons with disabilities to exhibit fear of being discriminated in many spheres of human development. For instance, many persons with disabilities usually express some of the following:

1. 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.
2. fear of losing livelihood or employment as a result of perceived unwantedness from the society and employers;
3. fear of being isolated or secluded as a result of any form of impairment, especially psycho-social impairments;
4. fear of being socially excluded because of a previous admission or seclusion in a mental health institution;
5. feeling a sense of being stigmatized just because you are a care-giver or parent of a child with a disability;
6. feeling discomfort among peers just because you are in love or you a spouse to a person with a disability;
7. avoiding falling in love or any intimate relationships with other persons without disabilities in fear of rejection and scold and embarrassment;
8. regular and consistent feeling of helplessness, unwanted, bored and rejection due to their disability;
9. 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;
10. fear of joining a career or profession related to disability, especially psycho-social disability, due to the existing stigma around disability.

 

Different categories of persons with disabilities express themselves differently due to their specific needs and accommodation requirements. Otherwise, the fears they express are almost similar.

 

The above expressions are real among persons with disabilities, their care-givers/parents and supporters. Persons with disabilities live with this experience on a daily basis. In many instances, these expressions or feelings change or oscillate from one degree of feeling to another depending on the situation or environment they find themselves in. Some environments are really hostile and depressing while certain environments are friendly and supportive. This is very essential to take note of in every situation where policy, legislative, administrative or emergency responses are being taken by the State and other key decision makers. If this aspect of the lives of different categories of persons with disabilities is missed, then all remains undone. Persons with disabilities will always continue to feel a sense of discrimination. This directly affects their mental well-being.

 

In any epidemic or pandemic like the current COVID-19, it is common for individuals to feel traumatised, stressed and worried. Just as indicated above on how persons with disabilities respond to different situations and environment, different people may respond to the COVID-19 pandemic differently. It is essential here to take note that the way persons with disabilities respond to their situations is similar to the way different people respond to a pandemic like COVID-19. Persons with disabilities, in addition to what they already experience and express themselves to as a result of their impairments, also express themselves the same as other people in times of pandemics. So, they face “double stress” therefore their fears are double.

 

At this point in time, let us look at the common responses people facing the COVID-19 pandemic in general face. The common responses or expressions people affected directly or indirectly by the COVID-19 pandemic may include:

1. Fear of falling ill and dying.
2. Avoiding approaching health facilities due to fear of becoming infected while in care.
3. Fear of losing livelihoods, not being able to work during isolation, and of being dismissed from work.
4. 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).
5. Feeling powerless in protecting loved ones and fear of losing loved ones because of the virus.
6. Fear of being separated from loved ones and caregivers due to quarantine regime.
7. 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.
8. Feelings of helplessness, boredom, loneliness and depression due to being isolated.
9. Fear of reliving the experience of a previous epidemic.

(Adapted from the IASC Reference Group on Mental Health and Psychosocial Support in Emergency Settings: Interim Briefing Note – February 2020)

 

Persons with disabilities who find themselves in situations of a pandemic like the COVID-19 experience the same responses as persons without disabilities. As already stated, these responses are additional responses, or aggravating responses to the already disability related ones. Therefore, their mental well-being is affected more. This has to be realised during the emergency response and strategy planning and development stage. It should therefore be seen to be implemented during the actions of awareness raising, screening, testing, quarantine, tracing and tracking, treatment and discharge. This exhibits confidence-building and assurance interventions to the affected at pre-quarantine, in-quarantine and post-quarantine stages. This will build confidence in people and we shall not experience anyone running away or going into hiding on suspicion of being positive.

 

As already discussed above, emergencies are always stressful, but specific stressors particular to COVID-19 outbreak affect the population. Such stressors include:

1. Risk of being infected and infecting others, especially if the transmission mode of COVID-19 is not 100% clear.
2. Common symptoms of other health problems (e.g. a fever) can be mistaken for COVID-19 and lead to fear of being infected.
3. 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.
4. 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.

 

There is a lot of false news and messaging going on in our communities. This news does not spare persons with disabilities and those who support them or work with them. In this case, the Ministry of Health and its working partners must heighten the awareness raising efforts especially around the false news circulating around the communities. When it comes to the communities, in order to avoid all fake news, the best is to stick religiously to the information which is being given by the Ministry of Health and its working teams. Listen to nothing else! Remember, the Ministry of Health says:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Cook all your meat and meat products thoroughly before eating.
7. Avoid unprotected contact with live wild or farm animals.
8. 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.
    

Note: Disability Rights Watch is providing information adopted or adapted from the Ministry of Health, World Health Organisation and their working teams or networks.

 

COVID-19 does not choose whether with or without a disability!

Stay Safe: Stay Health and Stay at Home!

STAY HOME!

 

Wamundila Waliuya,

Disability Rights Watch,

April, 2020.

different communication modes during covid pandemic

COVIC 19 versus Communication Modes and Language for Persons with Disabilities

 

This piece of writing depicts the real situation of different categories of persons with disabilities who remain at risk of being infected by the Corona virus. This is not only a threat to persons with disabilities but those care givers or parents or indeed support persons. Let us examine the demonstrations in the dialogue between Public Health Inspector (PHI) Kusalila and Disability Support Person (DSP) Bwino.

 

PHI Kusalila: Hey! Look at those two people. What they are doing is wrong in this time of social distancing under the COVIC 19 crisis.

DSP Bwino: Kusalila, what have the two done?

PHI Kusalila: they keep touching each other in their hands and on different parts of their bodies. Let me go and have them charged for breaking the SI 21 and SI 22. Of course also not complying to the directives given by His Excellence, President Edgar Chagwa Lungu. Look!

DSP Bwino: Hold on Kusalila. The problem with you is that you rush into conclusions before inquiring. Let me make you understand.

PHI Kusalila: there is no understanding when it comes to life or death Bwino. It is a Presidential directive and no one must break it. I am charging them under the Public Health Act. How do they keep on touching each other in public during this Corona Virus time.

DSP Bwino: Wait. Those three people are discussing a family matter. The gentleman in a blue shirt is deaf-blind. He cannot see, or speak and cannot hear at all. The lady he keeps touching with is his interpreter. She can speak hear and see. The other lady who seems to be speaking to the young lady touching him is actually speaking to him not her. She can see, speak and hear. She is his aunt.

PHI Kusalila: so! What do you mean? They speak by touching each other?

DSP Bwino: that is their alternative mode of communication. All that touching and writing on each other palms is all communication. You cannot stop them from communicating with each other in their own mode of communication.

PHI Kusalila: Now what do we do? COVIC 19 will catch them. They do not respect social distancing. They are touching and so on. We have the duty to correct the situation.

DSP Bwino: I would have asked that question to you. You are a public officer. Did you think of individuals who are deaf-blind in developing all those Sis, IEC materials and the rest of the interventions?

PHI Kusalila: Well! I do not know what to do. But they remain at risk.

DSP Bwino: It is you to blame. You left them behind despite your motto of “leave no one behind”. Good bye.

PHI Kusalila: Wait my friend Bwino! You are an expert of this field of persons with disabilities. You also have got the duty to educate me on any possible interventions that will ensure their full inclusion. Tell me what should I do to protect them?

DSP Bwino: Let us visit them and hear what should be done which is best for them. We should not make any decisions without them.

PHI Kusalila: But can I not give them hand gloves right aware since they continue to touch each other with bare hands?

DSP Bwino: No! That is not correct. Hand gloves are a barrier to their form of communication. The gloves will not allow them to receive the communication through their naked hands. They use the sense of feeling by the way.

PHI Kusalila: Oh! I see. What about face masks to cover their nose and mouth?

DSP Bwino: Come on Kusalila. You never know. I can see that the interpreter keeps looking at the moving lips of the person who is deaf-blind. She may be using a method called lip reading. So, the mask may be a barrier.

PHI Kusalila: Bwino, you are an expert, let us go and hear from them I think that is the best thing to do. Consultation. I should also educate my bosses…. It is important for us as a government to conduct wide consultation with everyone before we rush into some of the activities that affect our communities.

 

What is your thought?) Inclusion or exclusion?)

 

Dialogue two

 

PHI Kusalila: Bwino my friend look at the man coming over there. Do you know him?

DSP Bwino: Of course, I know him very well. He is Mr. Mabvuto. He is one of those persons with disabilities I have been working with for a long time.

PHI Kusalila: So he is coming for you. Can I leave the two of you to discuss. When you are through I will come over. I just want to check on how the distribution of the hand sanitizers is going on.

DSP Bwino: No my friend, Kusalila. Stay around. Maybe Mabvuto is looking for assistance from you. So, stay around and we talk to him together.

(Mabvuto arrives and presents his case to Kusalila instead of Bwino as was expected.)

PHI Kusalila: Bwino, have you heard his complaint. He says the team in the field has refused to give him some hand sanitizers. Please attend to him since you may understand your people better.

DSP Bwino: I have heard his complaint. He says your team has refused to give him some hand sanitizers because he does not have arms. So he does not need them. This is your matter Kusalila. I am not a Public Health Inspector. Neither do I work for the Ministry of Health. Resolve this.

PHI Kusalila: Bwino can I talk to you alone first before I deal with Him. Come over here.

(Move to the side leaving Mabvuto alone.)

PHI Kusalila: Bwino, why do you sometimes just want to be difficult. This man does not have hands really. Those are hand sanitizers. What does he need them for. Maybe he wants to distribute to his family. Advise me, please.

DSP Bwino: Kusalila, Kusalila, I always tell you to consult the person complaining. Go and talk to Mabvuto himself. I was not there when they refused to give him sanitizers. Talk to him.

PHI Kusalila: But…but Bwino, how? I may offend him. Talk to him and I will listen to whatever he says. I will be able to give him as many sanitizers as he wants for further distribution since he does not require them. Please….

DSP Bwino: It seems you are really stuck Mr. Inspector. Let us go I talk to him on your behalf.

(They get back and find Mabvuto gazing at Kusalila expecting an answer.)

DSP Bwino: Yes, Mabvuto, you said the team out there refused to give you hand sanitizers because you do not have hands or arms. I know your arms were amputated after an accident.

(Mabvuto explains. He even explains how he uses his legs/feet to do everything he does. He said he required the sanitizers to sterilise his feet which work as his hands.)

DSP Bwino: Kusalila, you have heard. I have seen Mabvuto using his feet for making door mats. Good door mats. He uses his toes to hold a pen and write. He also uses his toes to pick a table fork or spoon to feed himself.

PHI Kusalila: This is really surprising. God is great! God is really great! So…so…I….

DSP Bwino: Let us go and give him more sanitizers than these other people who use their hands. His feet are more vulnerable and susceptible to infections because he even steps on the ground. Come on let us go.

PHI Kusalila: He seems to be a good man. He is jovial and does not even seem to regret his loss of hands.

DSP Bwino: That is not important. He has got the right to receive  equal protection from this COVIC 19 pandemic just like any other person. The problem with you health workers is that you think you know it all. Consult the affected and they will tell you their requirements. Involve them in planning and implementation of the emergency responses and intervention to the pandemic. Then you will learn them more.

PHI Kusalila: I have learnt a lot. I learn a lot about persons with disabilities whenever I am with you. Mr. Mabvuto, my friend, let us go. I will give you the sanitizers you require. I will also register you on the list of those to carry out awareness raising on the Corona virus. Of cores we shall orient you. Let us go.

DSP Bwino: Kusalila, after you are done with him, let him take you to their office. He belongs to an association which advocates for the rights of persons with physical disabilities. Get more information from the association. Bye!

 

(Another interesting experience. Discrimination at face value – right?)

Wamundila Waliuya,

April, 2020,

Lusaka.