HRBA and the rights of persons with disabilities

							HRBA and the rights of persons with disabilities
Revised 2011-01-30
NIDS/MSC, Shia and Annika Nilsson

This thematic brief aims at providing Sida country teams with brief information on the situation
of persons with disabilities in Africa as well as concrete advice on how disability issues can be
included in dialogue and programming. This follows the Sida 3-year Action Plan on “Human
Rights for Persons with Disabilities” adopted in December 2009. The thematic brief is
supplemented by a dialogue brief länk här, which provides more detailed advice on how to
engage in dialogue on disability issues.

Summary
Commitments towards persons with disabilities are increasingly made by governments in plans
and policies in Africa. However, not much is done in practice to address the rights violations of
men, women and children with disabilities. The main recommendations to Sida/donors are:
   - Support base line studies and participatory research to get facts and understand root
       causes
   - Insist on introducing specific impact and outcome indicators for women, men, girls and
       boys with disabilities in PRSPs and sector programs (health, education, agriculture,
       business/microfinance, HIV/Aids, democracy etc)
   - Promote earmarked, substantial budget allocations in sector programs to ensure that
       action is taken to reach these impact and outcome targets
   - Strengthen the capacity of governments to monitor progress in relation to their own
       commitments, possibly by suggesting the establishment of disability desks in each
       ministry and supporting capacity development of the national disability commissions
       (often powerless, ineffective or non-existent)
   - Strengthen the capacity of DPOs (disabled peoples organisations) so that they can
       become vibrant and influential civil society actors
   - Coordinate with Nordic development agencies (and other likeminded donors such as
       DFID, CIDA, Austria and the EU) as disability is a priority also for them both in bilateral
       and civil society programs

General
Depending on how disability is defined, various studies estimate that 5-10 per cent of the
African population is living with a disability. Exclusion and discrimination is still standard, and a
majority struggle with poverty in terms of income and power, and lack access to basic services
such as health and education. Persons with disabilities are often denied fundamental human
rights such as the right to life, education, family life, self determination, legal capacity, freedom
from torture, work etc. Due to stigma and ignorance persons with disabilities are often treated
as burdens or God’s punishments.

The following World Bank statistics show that 30 percent of children not attending school are
children with disabilities. Only 3 percent of persons with disabilities are literate, 1 per cent when
it comes to women. It is estimated that 82% of persons with disabilities live below the poverty
line. One in five of the worlds’ poorest people are disabled.

Commitments are increasingly being made in PRSPs, acts, policies and plans to address the
situation of persons with disabilities, as it is acknowledged that the poverty and education
targets cannot be reached otherwise. A number of African countries have signed and ratified the
UN Convention on the rights of persons with disabilities. The present Special Rapporteur is from
South Africa; Mr. Shuaib Chalklen. The AU has even declared and prolonged an African
Disability Decade, adopted a Continental Plan of Action and formed a Secretariat for its
implementation. Despite these promises and developments the situation for the majority of
persons with disabilities remains unchanged. Very little is implemented in practice. Although
economists can show that assisting persons with disabilities to become active, contributing
members of their families and communities is highly cost-effective, investments in such
empowering or supportive measures are still considered “expensive” and something that can be
done “later when the country is not so poor”, omitting to consider the catalytic effect.

Example agriculture: In most African countries more than two thirds of the labour force works
with farming. This makes agriculture the most important source of income also for persons with
disabilities. However, men and women with disabilities are often excluded from rural
development programs. They lack access to technology, markets, credit and training programs.
In many places they do not have the right to own and inherit land and to open bank accounts.
Adaptations of crops and tools to compensate for the disability are hardly ever considered in
programs. In fact, most mainstream development programs such as adult education,
reproductive health, small business, micro finance etc. do not consider persons with disabilities
as part of their target group.

Example education: Many educational systems are still using traditional, authoritarian teaching
methods that do not consider the various needs and learning styles of pupils. Teachers are
generally not prepared to address the needs of children with special needs. For a long time
segregated education has been the only solution for children with disabilities. This has only
benefited a few. In most African countries there has been a move towards inclusive education,
education for all etc. Unfortunately, this has not been sufficiently matched with a change in
teaching methods towards more participatory, individualised learning, flexibility in curricula and
provision of support and materials to teachers. Children with disabilities often drop out early, if
at all they are accepted. Children with developmental disabilities are hardly ever accepted in
schools as they are not expected to “learn academics”.

Example health: Women and men with disabilities are often denied health services. Local
health posts often do not have the knowledge on how to assist, and it happens that persons
with disabilities are rejected due to stigma among the health staff. Simple health measures that
can control or limit disability are often not available (such as physiotherapy, epilepsy
medication, glaucoma or orthopaedic operations, psycho-farmaka, insulin, eye glasses or
hearing aids). Mostly it is not affordable for the family to go to a regional hospital. Even the
transport fee is too much. Women with disabilities are often not expected to have a sex life and
therefore they are excluded from mainstream reproductive health programs. They are also not
considered in programs addressing gender based violence, despite being heavily
overrepresented among victims of sexual abuse.

Openness and transparency
Persons with disabilities do not access information as other citizens due to social exclusion and
due to their disability, such as limitations in seeing, hearing, or understanding. In addition, the
low levels of education make it difficult for many to access written information. Sida/donors
could make a difference by requesting and assisting governments to make information on
programs and budgets not only transparent and open to citizens, but also accessible for all. This
includes making a deliberate effort to use local languages and non-written media such as radio,
video shows, religious leaders, drama and targeted invitations to meetings for with marginalised
groups of women and men (where there is ample time for explanations and questions). In Sub-
Saharan Africa deafness is a big problem (as ear infections are not treated and hearing aids are
not available). The right to have sign language as the first means of instruction in schools is
crucial and it is a precondition for learning written/spoken language later on. Training and
certification of sign language interpreters should be an important part of any “right to
information” program.

Accountability
Governments are generally not made accountable for the commitments made to persons with
disabilities. Many decision makers hide behind a well meaning attitude that is hard to challenge.
Acts, policies and plans often remain empty words. They are not accompanied by ear marked
budget allocations, indicators of progress or monitoring mechanisms. Persons with disabilities
often do not have a strong voice, advocacy skills or facts/figures to support their case. Donors
and human rights organisations seldom have the knowledge and/or will to take on disability
issues. Access to justice for persons with disabilities is limited. Legal assistance projects hardly
ever take up cases of rights violations of men, women and children with disabilities. Sida/donors
could require that governments
    establish specific impact and outcome indicators for women, men, girls and boys with
      disabilities in PRSPs and sector programs (e.g. literacy rate and school completion rate
      for girls and boys with disabilities, employment rate for persons with disabilities, access to
      credit and agricultural support measures, access to rehabilitation measures, health and
      HIV/Aids programs, incidence of sexual abuse of women and girls with disabilities, access
      to medication for conditions such as epilepsy, mental illness etc) and gather base line
      data for these indicators, preferably in collaboration with local universities and other
      research institutions
    include disability related information in statistics and census
    strengthen their capacity to monitor progress in relation to their own commitments,
      possibly by suggesting the establishment of disability desks in ministries and supporting
      capacity development of the national disability commissions (often powerless, ineffective
      or non-existent)

Sida/donors could also support the capacity development of DPOs so that they can become
vibrant civil society actors with ability to address fragmentation within the disability movement,
form strategic alliances, advocate for ratification of the new Disability Convention and to
effectively influence and monitor the implementation of national disability policies, plans and
programs. Ability to monitor budgets and programs at district levels is crucial in decentralised
governance systems, which are being introduced in many African countries.

Meaningful participation and empowerment
Persons with disabilities have extra difficulties to participate meaningfully because of stigma,
physical, communicative or intellectual barriers, low level of literacy and self esteem. Even
within the family they are often isolated and neglected. Empowerment of person with disabilities
is therefore a long process that starts within the family and community and requires both
attitudinal change, removal of barriers and access to basic services.

Challenging the social norms and practices and setting examples of how persons with
disabilities can become contributing members of society, should be an essential component of
all rural development and decentralised health and social programs. In some countries
Community Based Rehabilitation (CBR) programs have started such change processes. In
other places it processes are started by groups of persons with disabilities or their families.
Access to basic health and education are key factors to survival and empowerment of persons
with disabilities as is the ability to develop skills to be able to contribute to income generation
and/or family chores. Positive role models in a community have proved to be one of the best
ways to challenge prejudice.

For years persons with disabilities have been pitied and patronised by able-bodied well wishers
who often speak on their behalf. Persons with communication barriers have suffered and still
suffer most from this practice. The African disability movement have adopted the slogan
“nothing about us without us”. It is important that Sida/donors respect this strong wish and
provides an opportunity for persons with various disabilities to speak for themselves.
Sida/donors could insist that DPOs (disabled peoples organizations) are invited to influence
PRSP and sector processes and plans. In order to make a meaningful and coordinated
contribution there is also a need to ensure that DPOs are assisted to organize preparatory
trainings before important events. Sida/donors could insist on use of inclusive, participatory
methods in planning, implementation, monitoring and evaluation of development initiatives.

Sida/donors could also encourage governments to introduce mentoring programs for men and
women with disabilities to enable them to compete successfully for positions in governments
and parliaments. The quota system for person with disabilities used in Uganda, South Africa
and Sudan could serve as a source of inspiration.
Non-discrimination
Persons with disabilities are discriminated against because of stigma and ignorance and
because of the misconception that a limitation in seeing hearing, moving or understanding
disqualifies them from making a contribution in the family or society.

Discrimination of persons with disabilities is sometimes excused and hidden because it is seen
as legitimate to exclude or treat differently because of their limitations. It is important to point out
that the limitations can often be compensated and that the disability occurs mainly as a
consequence of the inability of the society to accommodate and compensate. Measures to
make society accessible and accommodating do not only benefit persons with disabilities but
also other citizens who cannot easily access services, power, information and physical
structures for various reasons (children, aged, ethnic minorities, pregnant women etc).

There are two key strategies to challenges this state of affairs; a) empowering persons with
disabilities and their families to organise and take action b) making deliberate efforts and
earmarked budgets to ensure inclusion of person with disabilities in development programs (as
indicated above).

Persons with disabilities are often not ready to organise until they have developed a self esteem
situation and a level of independence in terms of moving (physically and financially) that allows
them to participate in activities and social life outside the family. Many disability organisations
have emerged from the coming together of graduates from special schools. As inclusive
education is becoming more common, the previous meeting grounds are fewer. Creating
preconditions for persons with disabilities to move independently and facilitating for women,
men and families to come together, share experiences and form a common agenda and vision,
is an essential first step in empowerment.

The second step would be to support these groups to develop into formal organisational
structures. Sida/donors could make it part of their civil society strategy to support the capacity
development of disability organisations. These are organisations where persons with disabilities
have the decisive influence. Support should be tailor made according to needs and context and
aim at strengthening organizations to be able to
        - mobilize and organize members of all economic and social status
        - address the concerns of their members in short and long term
        - attract leaders who can translate the values of inclusion into practical action and
            inspire others
        - mobilize resources, skills and knowledge to support these actions
        - being proactive, identify new opportunities and network with others to reach goals
        - communicate effectively and convince governments to improve conditions

Dialogue on Human Rights Instruments
Persons with disabilities are still prevented from many rights such as being permitted to marry,
opening a bank account, voting, working, having legal capacity, getting education, etc – and are
sometimes even denied the right to life. Sida/donors could support the government to address
its shortcomings in fulfilling Human Rights obligations to persons with disabilities by:
      promoting the ratification of the Convention on the Rights of Persons with disabilities and
        the subsequent adjustment of national legislation
      reminding countries to include an analysis of the situation of persons with disabilities in
        their reporting on other AU and UN Conventions, especially the CRC, the CEDAW and
        the Convention on Economic, Social and Cultural Rights as the Committees overseeing
        these conventions have made general comments on their relevance and applicability for
        women, girls and boys with disabilities (link to these comments)
      supporting national coalitions or networks of DPOs to submit alternative reports and to
        participate in forums in conjunction with the meetings of the Committees.

For information on comments and recommendations made by the UN and the AU, click here.
Useful links:

http://www.un.org/disabilities/
United Nations has a web-site where important tools and up-dates regarding the new Disability
Convention are posted. Presently (January 2011) the following Sub-Saharan African countries
have ratified the convention:
     Burkina Faso - 2009
     Gabon - 2007
     Kenya - 2008
     Lesotho - 2008
     Malawi - 2009
     Mali - 2008
     Namibia - 2007
     Niger - 2008
     Nigeria - 2010
     Rwanda - 2008
     Senegal- 2010
     Sierra Leone - 2010
     South Africa - 2007
     Sudan – 2009
     Tanzania - 2009
     Uganda – 2008
     Zambia - 2010

http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTSOCIALPROTECTION/EXTDISABI
LITY/0,,menuPK:282704~pagePK:149018~piPK:149093~theSitePK:282699,00.html
The World Bank has commissioned a lot of research on disability that can be found on this web
page. The Word bank has also launched an initiative called GPDD (Global Partnership for
Disability and Development) which has many interesting tools and news. You can subscribe to
GPDD e-mail news
http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTSOCIALPROTECTION/EXTDISABI
LITY/0,,contentMDK:21036173~pagePK:210058~piPK:210062~theSitePK:282699,00.html

The African Decade is ongoing until 2019. The initiative and the country activities can be found
on http://www.africandecade.org/

http://www.includeeverybody.org/ is a website created by International Disability Development
Consortium and aims at including persons with disabilities in all Millennium Development Plans.
It provides useful news, links and resources.

Disabled Peoples International provides news from a disability perspective
http://v1.dpi.org/lang-en/index

http://www.asksource.info/res_library/disability.htm
Source and Handicap International have compiled over 300 of the most practical and useful
disability resources in their new directory, Disability, inclusion and development: key information
resources.

http://www.ohchr.org/EN/AboutUs/Pages/NgoHandbook.aspx A handbook for civil society on
the UN Human Rights program

http://www.disabilityrightsfund.org/index.html The Disability Rights Fund (DRF) is a collaboration
between donors and the disability community to advance the new UN Convention on the Rights
of Persons with Disabilities (CRPD).