30.4.12
Our book of 2009 is now available on-line
Please visit the free on-line copy of a book from 2009: J. Kumpuvuori and M. Scheinin, 'United Nations Convention on the Rights of Persons with Disabilities - Multidisciplinary Perspectives'.
http://www.kynnys.fi/images/stories/VIKE-web/vike_tieteellinen_julkaisu.pdf
23.4.12
Hisayo in Ethiopia with the UN Special Rapporteur on Disability
2.4.12
In Memory of Maija Könkkölä
By Hisayo Katsui
I heard the very sad news on last Monday morning when I went to my office.
I first met her as soon as I started my PhD study on disability and development in 2000. I attended one seminar and she made her presentation on accessibility, as she was an architect. I had the privilege of attending other presentations of her in the following years. In one of the presentations, she introduced her latest publication on accessible homes. After the presentation, I approached her to ask for a copy to purchase it. She said, “It’s free. You can have it for free. If some information makes lives of persons with disabilities better, such information has to be free.” This has been very important for me whenever I produce some writings, unless articles were included into someone else’s books.
Likewise, she has influenced many people’s thinking in her life and such influence definitely continues to live. I would like to thank her, deeply.
I heard the very sad news on last Monday morning when I went to my office.
I first met her as soon as I started my PhD study on disability and development in 2000. I attended one seminar and she made her presentation on accessibility, as she was an architect. I had the privilege of attending other presentations of her in the following years. In one of the presentations, she introduced her latest publication on accessible homes. After the presentation, I approached her to ask for a copy to purchase it. She said, “It’s free. You can have it for free. If some information makes lives of persons with disabilities better, such information has to be free.” This has been very important for me whenever I produce some writings, unless articles were included into someone else’s books.
Likewise, she has influenced many people’s thinking in her life and such influence definitely continues to live. I would like to thank her, deeply.
16.3.12
Kony 2012 campaign: Are you creating discrimination against persons with disabilities?
By Hisayo Katsui
Many might have seen the Kony 2012 video in youtube (http://www.youtube.com/watch?v=Y4MnpzG5Sqc) or elsewhere. It was launched 10 days ago and already watched by 80 million people. On 8th of March in the morning when I visited the site of Invisible Children (http://www.invisiblechildren.com/) that started this campaign, 30,000 “liked” it already on the facebook, which is now 3 million. It has become a global phenomenon. Even the biggest Finnish newspaper, Helsingin sanomat, introduced this phenomenon already twice. Youth are targeted and reached effectively by internet and social media. As a researcher who visited the Northern part of Uganda in 2008, I feel I have to write something about it from the viewpoint of women with disabilities.
What they do is to advocate (perhaps American) youth to “do more than just watch” by knowing that Joseph Kony has been abducting children from Northern area of Uganda and forcing girl children to become sex slave of soldiers. They target to catch him by the end of this year. On 20.4. people around the globe to place awareness raising posters everywhere to catch him. They have already “successfully” managed to convince the US government and mobilized 100 US soldiers to be sent to northern Uganda. They ask for the audience to join the force to catch him. Otherwise, the soldiers are to be withdrawn, they claim. The video shows the American leader’s little son who learns to know who is the bad guy. He says, “We have to stop him.” Even a small child like him can understand the logic, which is the message. The video is 30 minutes long and hopefully many used more minutes for investigating more about the historical background of this civil war, complexity of aid, validity of this quest and modality etc. At least, it has increased visibility of Uganda and the civil war to the world, which has become the topic of everyday talk for many, at least for a while. It is just so impressive to see how fast information could be delivered to so many people instantly. Self-activism (at least in the virtual world) has become core of global social movements.
Already many criticisms were written instantly against this campaign such as a Ugandan journalist, Rosebell Kagumiren, (http://www.youtube.com/watch?v=KLVY5jBnD-E) who explains much complex picture of the war and the current situation of reconstruction rather than on-going fight that the video describes. There is no voice of Ugandans and misses out local initiatives, as if Africans are all helpless, which has been a very problematic stereotype.
Schomerus (http://edition.cnn.com/2012/03/10/opinion/kony-2012-video/index.html) asserts that it is the Ugandan government propaganda that the movement is promoting, and seemingly modern message due to the mobilized modern technologies is too comformist: fight violence with violence by dismissing steps for social change. Finnish KEPA also placed a blog writing of Salminen that criticizes the movement as dangerous “White man’s burden” (http://www.kepa.fi/blogi/11027). Only America can save the situation and with force, which are criticized by many. Invisible Children quickly answered many questions raised directly to them (http://www.invisiblechildren.com/critiques.html). Whether the video supports the propaganda of the Museveni regime or not, there has been a huge impact of this campaign, which cannot be denied.
When I was there in 2008, the situation was already peaceful, though I saw some soldiers around. Many cars carrying logos and names of international organisations made me realized that this is a war-torn zone. I visited two internally displaced people’s camps: Bwongatira and Koch Goma in Gulu. I followed activities of National Union of Women with Disabilities (NUWODU) which went there to monitor their activities of HIV/AIDS advocacy trainings for women with disabilities living in these camps. Human Rights Watch made a review on the realities of women with disabilities in Northern Uganda (http://www2.ohchr.org/english/bodies/cedaw/docs/ngos/HRW_CEDAW47_uganda2.pdf), which facilitates your understanding why NUWODU has such activities. NUWODU went there as soon as the situation was stabilized, though they decided to remain near the Gulu center for their security reasons. During the armed conflicts, many women with disabilities were left behind when others fled from home for safer places. In the camps, many of them have been raped. Humanitarian aid agencies did not take disability into account first, and with the intervention of the National Union of Disabled Persons of Uganda, they gradually started to take persons with disabilities into account in their delivery of aid. Before that, persons with disabilities could not compete with the able-bodied people for food and other aids and were left without aid. Even after the Universal Primary Education policy was introduced, many children with disabilities living in the camps cannot access education. Now majority of the people have gone back to their villages, while many persons with disabilities are left to the camps. Lang and Murangira warn that camps will soon become “disability ghetto” (http://www.ucl.ac.uk/lc-ccr/downloads/scopingstudies/dfid_ugandareport) The video has touched none of these critical issues for women with disabilities in Northern Uganda caused by the war, thereby further marginalizes women with disabilities from the discourse.
Boys became soldiers and girls sex slaves as victims, it says. But their parents, other families, so many more people were affected seriously, and many have become persons with disabilities due to the war. Invisible Children organization has been building schools and supporting reconstruction works with local people, it says in its homepage. They claim they are not naïve. But I would like to know whether those schools accommodate children with disabilities and children of women with disabilities. At least, newly built structures and activities are not to exclude children and persons with disabilities in the area.
Perhaps it applies to any global movements of today among youth that use internet to mobilize them, but it is worrisome that “participation” is only one or a few clicks away. That means, you can also withdraw in the same way. Moreover, you can feel your part of contribution is done, which is far from a human rights-based approach but rather a charity-based approach in which givers decide what, when, and how to do it. This way of engagement could be forgotten easily, I’m afraid.
I went there and saw how local disability organisations had been making so much effort in mainstreaming persons with disabilities in conflict and post-conflict discourses and practices. They say it is very challenging because so many other much bigger and influential organisations and international agencies are ignorant about persons with disabilities and their specific needs. Consequently, many discriminatory structures are still built and rebuilt by international interventions. As this video has become a phenomenon, I would like you to stop and think whether your contribution is at least not making any more discriminatory structures against persons with disabilities. Many Ugandan organisations are there as your alternatives.
Many might have seen the Kony 2012 video in youtube (http://www.youtube.com/watch?v=Y4MnpzG5Sqc) or elsewhere. It was launched 10 days ago and already watched by 80 million people. On 8th of March in the morning when I visited the site of Invisible Children (http://www.invisiblechildren.com/) that started this campaign, 30,000 “liked” it already on the facebook, which is now 3 million. It has become a global phenomenon. Even the biggest Finnish newspaper, Helsingin sanomat, introduced this phenomenon already twice. Youth are targeted and reached effectively by internet and social media. As a researcher who visited the Northern part of Uganda in 2008, I feel I have to write something about it from the viewpoint of women with disabilities.
What they do is to advocate (perhaps American) youth to “do more than just watch” by knowing that Joseph Kony has been abducting children from Northern area of Uganda and forcing girl children to become sex slave of soldiers. They target to catch him by the end of this year. On 20.4. people around the globe to place awareness raising posters everywhere to catch him. They have already “successfully” managed to convince the US government and mobilized 100 US soldiers to be sent to northern Uganda. They ask for the audience to join the force to catch him. Otherwise, the soldiers are to be withdrawn, they claim. The video shows the American leader’s little son who learns to know who is the bad guy. He says, “We have to stop him.” Even a small child like him can understand the logic, which is the message. The video is 30 minutes long and hopefully many used more minutes for investigating more about the historical background of this civil war, complexity of aid, validity of this quest and modality etc. At least, it has increased visibility of Uganda and the civil war to the world, which has become the topic of everyday talk for many, at least for a while. It is just so impressive to see how fast information could be delivered to so many people instantly. Self-activism (at least in the virtual world) has become core of global social movements.
Already many criticisms were written instantly against this campaign such as a Ugandan journalist, Rosebell Kagumiren, (http://www.youtube.com/watch?v=KLVY5jBnD-E) who explains much complex picture of the war and the current situation of reconstruction rather than on-going fight that the video describes. There is no voice of Ugandans and misses out local initiatives, as if Africans are all helpless, which has been a very problematic stereotype.
Schomerus (http://edition.cnn.com/2012/03/10/opinion/kony-2012-video/index.html) asserts that it is the Ugandan government propaganda that the movement is promoting, and seemingly modern message due to the mobilized modern technologies is too comformist: fight violence with violence by dismissing steps for social change. Finnish KEPA also placed a blog writing of Salminen that criticizes the movement as dangerous “White man’s burden” (http://www.kepa.fi/blogi/11027). Only America can save the situation and with force, which are criticized by many. Invisible Children quickly answered many questions raised directly to them (http://www.invisiblechildren.com/critiques.html). Whether the video supports the propaganda of the Museveni regime or not, there has been a huge impact of this campaign, which cannot be denied.
When I was there in 2008, the situation was already peaceful, though I saw some soldiers around. Many cars carrying logos and names of international organisations made me realized that this is a war-torn zone. I visited two internally displaced people’s camps: Bwongatira and Koch Goma in Gulu. I followed activities of National Union of Women with Disabilities (NUWODU) which went there to monitor their activities of HIV/AIDS advocacy trainings for women with disabilities living in these camps. Human Rights Watch made a review on the realities of women with disabilities in Northern Uganda (http://www2.ohchr.org/english/bodies/cedaw/docs/ngos/HRW_CEDAW47_uganda2.pdf), which facilitates your understanding why NUWODU has such activities. NUWODU went there as soon as the situation was stabilized, though they decided to remain near the Gulu center for their security reasons. During the armed conflicts, many women with disabilities were left behind when others fled from home for safer places. In the camps, many of them have been raped. Humanitarian aid agencies did not take disability into account first, and with the intervention of the National Union of Disabled Persons of Uganda, they gradually started to take persons with disabilities into account in their delivery of aid. Before that, persons with disabilities could not compete with the able-bodied people for food and other aids and were left without aid. Even after the Universal Primary Education policy was introduced, many children with disabilities living in the camps cannot access education. Now majority of the people have gone back to their villages, while many persons with disabilities are left to the camps. Lang and Murangira warn that camps will soon become “disability ghetto” (http://www.ucl.ac.uk/lc-ccr/downloads/scopingstudies/dfid_ugandareport) The video has touched none of these critical issues for women with disabilities in Northern Uganda caused by the war, thereby further marginalizes women with disabilities from the discourse.
Boys became soldiers and girls sex slaves as victims, it says. But their parents, other families, so many more people were affected seriously, and many have become persons with disabilities due to the war. Invisible Children organization has been building schools and supporting reconstruction works with local people, it says in its homepage. They claim they are not naïve. But I would like to know whether those schools accommodate children with disabilities and children of women with disabilities. At least, newly built structures and activities are not to exclude children and persons with disabilities in the area.
Perhaps it applies to any global movements of today among youth that use internet to mobilize them, but it is worrisome that “participation” is only one or a few clicks away. That means, you can also withdraw in the same way. Moreover, you can feel your part of contribution is done, which is far from a human rights-based approach but rather a charity-based approach in which givers decide what, when, and how to do it. This way of engagement could be forgotten easily, I’m afraid.
I went there and saw how local disability organisations had been making so much effort in mainstreaming persons with disabilities in conflict and post-conflict discourses and practices. They say it is very challenging because so many other much bigger and influential organisations and international agencies are ignorant about persons with disabilities and their specific needs. Consequently, many discriminatory structures are still built and rebuilt by international interventions. As this video has become a phenomenon, I would like you to stop and think whether your contribution is at least not making any more discriminatory structures against persons with disabilities. Many Ugandan organisations are there as your alternatives.
14.2.12
Latest Development on Human Rights and Disability in Uganda
By Edson Ngirabakunzi
Uganda is located in Eastern Africa, west of Kenya and east of the Democratic Republic of the Congo. It is in the heart of the Great Lakes region, and is surrounded by three of them, Lake Edward, Lake Albert, and Lake Victoria. While much of its border is lakeshore, Uganda is landlocked with no access to the sea. The country occupies a total area of 236 040 km² of which 199 710 km² is covered by land and 36 330 km² is covered by water. A total of 10,000 km2 of Uganda’s surface is forest. The remaining surface is mainly open grassland, giving way to semi-desert in the north-eastern region of Karamoja.
Uganda ratified the UN Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol on 25th September 2008 without reservations. By so-doing, Uganda committed itself to accord the same rights to persons with disabilities like all other citizens. After two years of implementation, Government of Uganda is supposed to report on the extent to which its laws and practices comply with the human rights and obligations encapsulated in the Convention. Since then the new legal binding treaty has been seen as an instrument of social transformation among the community particularly PWDs.
Note that events leading to ratification and thereafter were seen as providing momentum to the realization of the rights of PWDs. On the other hand DPOs have been utilizing the document as resource tool for resource mobilization and advocacy. However, the National Council for Disability (NCD) is the Government Institution assigned to spearhead the coordination and monitoring processes geared at domestication and implementation of the Convention. The NCD therefore spearheaded process and worked with KOIS Development Consultants Ltd to compile this report.
What has the government of Uganda done in implementing the CRPD?
Government of Uganda has a number of general laws and policies that contain clauses on disability. The country also has disability-specific legislation. The government of Uganda is compiling a state report on the CRPD. Most of her work depended on heavily on the review of policy and legislative documents.
Interviews were also conducted with key officials in government line ministries and departments at National and Local Government levels, Disabled People’s Organisations (DPOs), other Civil Society Organisations (CSOs) as well as people with disabilities in various communities in the East, West, Central and Northern parts of the country. Two validation workshops were conducted with representatives of all the aforementioned stakeholders before the compilation of the final report yet to be submitted to the UN Committee of Experts.
Note that the Constitution of the Republic of Uganda (1995) recognizes the rights of persons with disabilities and provides the basis for the enactment of laws and development of policies that address their concerns. The Constitution provides for fair representation of marginalized groups on all constitutional and other bodies, recognition of the rights of Persons with disabilities to respect and human dignity, and promotion of the development of a Sign Language for the Deaf. Furthermore, it requires the State to take affirmative action to redress the imbalances that exist against persons with disabilities.
Subsequently, in 2006, the Uganda National Policy on Disability was enacted, and in the same year the rights were translated into The Persons with Disabilities Act. The Act ensures legal protection and equal opportunities for persons with disabilities, emphasizing a rights-based approach to disability.
Since 2009, there has been debate between the Government and DPOs on whether to annul or amend the Persons with Disabilities Act 2006. On the one hand, Government argues that the law was not well written and needs to be annulled and replaced with a new law; while on the other, DPOs argue the law should only be amended to rectify the loopholes in it. This dialogue is still on-going, and Government of Uganda views it as an opportune channel for further domestication of the Convention on the Rights of Persons with Disabilities.
This notwithstanding, the Persons with Disabilities Act 2006 in its objects fully encapsulates the CRPD general principles of respect of disability as part of human diversity, dignity of the individual, participation as equal citizens, elimination of all forms of discrimination on grounds of disability, full inclusion of persons with disabilities in all programs, and the promotion of positive attitudes towards persons with disabilities.
In order to give full effect to Article 32 of the Constitution, an Equal Opportunities Commission Act was enacted by Parliament and assented to by the President in 2008. The Commission was appointed in 2009 with one of its five members being a woman with disability. The Commission, with a fully-fledged Secretariat, has embarked on its work of promoting equal opportunities for marginalised groups, persons with disabilities inclusive.
In order to operationalise the local legislation on disability, Government in 2009 embarked on developing guidelines to translate the PWD policy of 2006 into tangible and coordinated action. The guidelines (now in their final stages) were developed through a consultative process that involved representatives from multiple sectors and DPOs and in close reference to the CRPD, as well as the Joint Community Based Rehabilitation (CBR) Guidelines by the World Health Organisation (WHO), International Labor Organisation (ILO) and the United Nations Education and Scientific Cultural organisation (UNESCO).
To further guide planning and budgeting, the government also developed the National Program and Plan of Action on Disability with the following focus areas:
• Accessibility to Basic Services;
• Physical Environment and Information;
• Capacity building;
• Conflict and Humanitarian emergencies;
• Livelihoods and Employment;
• Research and Documentation;
• Monitoring and Evaluation.
In order to cope with current international and national legal reforms, the NCD Act is undergoing amendment to strengthen its monitoring and policy influence work.
The role of disability movement
In 1987 the Government enacted the NGOs Statute to facilitate registration of NGOs. As a result of that policy framework many international and national NGOs have registered in Uganda. Among others those specifically engaged in disability work are; the National Union of Disabled Persons of Uganda (NUDIPU); Uganda National Association of the Blind (UNAB); Uganda National Association of the Deaf (UNAD); Mental Health Uganda; Epilepsy Support Association of Uganda; Uganda National Action on Physical Disabilities (UNAPD); National Union of Women with Disabilities of Uganda (NUWODU); Uganda Parents of Children with Learning Disabilities (UPACLED); Spinal Injury Association of Uganda (SIA) and Legal Action on People with Disabilities (LAPD); Uganda Society for Disabled Children; Action on Disability and Development; Sight savers International; Katalemwa Leonard Cheshire Home, and Basic Needs UK in Uganda.
Since 1998 the Government has created an enabling environment for the civil society organizations to participate in the promotion and protection of human rights. DPOs have been instrumental in implementing the UNCRPD
Whilst not mentioned in the domestic legislations, the State has taken effort to ensure reasonable accommodation through modification of new public building designs to ensure easy access by persons with disabilities. This practice has been adopted by Local Governments as well in the awarding of tenders for the construction of public buildings. A number of Local Governments have rumps in public schools and health centres. Government has also made provision to ensure that students with disabilities in public universities who need extra support have guides (particularly for blind students and students in wheel chairs). However, Government has not enforced building plans – particularly of public buildings, and encourage private investors to adopt universal designs. It has also not yet included clauses on reasonable accommodation in the appropriate laws. However, the PWD Act 2006 is being amended and is providing for physical access to buildings.
DPOs and NGOs have created awareness on the CRPD using information materials, media and training workshops to sensitize policy makers and the general public. NUDIPU has developed popular versions of CRPD which has been used during training on CRPD. This is in line with article 8 of the CRPD.
DPOs particularly NUDIPU has been working in the war and post war areas of northern Uganda to ensure resettlement of PWDs after the LRA insurgency. PWDs have been supported return to their homes. Peace and Recovery Development Plan has been developed to ensure quick recovery from war effects. DPOs have lobbied to ensure the plan captures the needs and concerns of PWDs In line with Article 20 on Personal mobility, NUDIPU has been purchasing and distributing assistive devices especially walking aids and wheelchairs persons with disabilities from 2008. In addition, orthopedic workshops which were established at regional referral hospitals including Gulu in the north, Kumi in North East, Buluba in the East and Fort Portal in the western region have not been functioning to ensure PWDs access assistive devices.
Also, there has been series of meetings with Uganda BureUBOS charged with conducting demographic surveys and census. The meetings aimed at ensuring that the data and statistics on disability are captured during the 2012 population census. NUDIPU with other DPOs, Ministry of Gender, Labour and Social Development have engaged the Ministry of gender labour and social development to ensure that disability data is purposely captured during the enumeration exercise by the census enumerators. Indeed statistics or data on disability is global issue and more so a human rights issues as enshrined in the CRPD.
What are the major topical issues in Uganda?
The domestication of the CRPD is a live debate among DPOs and even in government circles. Whereas both the government and DPOs have drafted reports to CRPD Committee, none of them have submitted so far. The demand of domestication is being noted as gradually taking shape with the current review of PWDs Act 2006. Both government and DPOs view this as an opportunity for domesticating the CRPD, although none of these originally agreed on how to proceed with the process.
The review of other laws such as those relating to the conduct of elections PWDs political leaders is yet to be submitted to the floor of parliament by the Ministry if Gender, Labour and Social Development.
Uganda is located in Eastern Africa, west of Kenya and east of the Democratic Republic of the Congo. It is in the heart of the Great Lakes region, and is surrounded by three of them, Lake Edward, Lake Albert, and Lake Victoria. While much of its border is lakeshore, Uganda is landlocked with no access to the sea. The country occupies a total area of 236 040 km² of which 199 710 km² is covered by land and 36 330 km² is covered by water. A total of 10,000 km2 of Uganda’s surface is forest. The remaining surface is mainly open grassland, giving way to semi-desert in the north-eastern region of Karamoja.
Uganda ratified the UN Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol on 25th September 2008 without reservations. By so-doing, Uganda committed itself to accord the same rights to persons with disabilities like all other citizens. After two years of implementation, Government of Uganda is supposed to report on the extent to which its laws and practices comply with the human rights and obligations encapsulated in the Convention. Since then the new legal binding treaty has been seen as an instrument of social transformation among the community particularly PWDs.
Note that events leading to ratification and thereafter were seen as providing momentum to the realization of the rights of PWDs. On the other hand DPOs have been utilizing the document as resource tool for resource mobilization and advocacy. However, the National Council for Disability (NCD) is the Government Institution assigned to spearhead the coordination and monitoring processes geared at domestication and implementation of the Convention. The NCD therefore spearheaded process and worked with KOIS Development Consultants Ltd to compile this report.
What has the government of Uganda done in implementing the CRPD?
Government of Uganda has a number of general laws and policies that contain clauses on disability. The country also has disability-specific legislation. The government of Uganda is compiling a state report on the CRPD. Most of her work depended on heavily on the review of policy and legislative documents.
Interviews were also conducted with key officials in government line ministries and departments at National and Local Government levels, Disabled People’s Organisations (DPOs), other Civil Society Organisations (CSOs) as well as people with disabilities in various communities in the East, West, Central and Northern parts of the country. Two validation workshops were conducted with representatives of all the aforementioned stakeholders before the compilation of the final report yet to be submitted to the UN Committee of Experts.
Note that the Constitution of the Republic of Uganda (1995) recognizes the rights of persons with disabilities and provides the basis for the enactment of laws and development of policies that address their concerns. The Constitution provides for fair representation of marginalized groups on all constitutional and other bodies, recognition of the rights of Persons with disabilities to respect and human dignity, and promotion of the development of a Sign Language for the Deaf. Furthermore, it requires the State to take affirmative action to redress the imbalances that exist against persons with disabilities.
Subsequently, in 2006, the Uganda National Policy on Disability was enacted, and in the same year the rights were translated into The Persons with Disabilities Act. The Act ensures legal protection and equal opportunities for persons with disabilities, emphasizing a rights-based approach to disability.
Since 2009, there has been debate between the Government and DPOs on whether to annul or amend the Persons with Disabilities Act 2006. On the one hand, Government argues that the law was not well written and needs to be annulled and replaced with a new law; while on the other, DPOs argue the law should only be amended to rectify the loopholes in it. This dialogue is still on-going, and Government of Uganda views it as an opportune channel for further domestication of the Convention on the Rights of Persons with Disabilities.
This notwithstanding, the Persons with Disabilities Act 2006 in its objects fully encapsulates the CRPD general principles of respect of disability as part of human diversity, dignity of the individual, participation as equal citizens, elimination of all forms of discrimination on grounds of disability, full inclusion of persons with disabilities in all programs, and the promotion of positive attitudes towards persons with disabilities.
In order to give full effect to Article 32 of the Constitution, an Equal Opportunities Commission Act was enacted by Parliament and assented to by the President in 2008. The Commission was appointed in 2009 with one of its five members being a woman with disability. The Commission, with a fully-fledged Secretariat, has embarked on its work of promoting equal opportunities for marginalised groups, persons with disabilities inclusive.
In order to operationalise the local legislation on disability, Government in 2009 embarked on developing guidelines to translate the PWD policy of 2006 into tangible and coordinated action. The guidelines (now in their final stages) were developed through a consultative process that involved representatives from multiple sectors and DPOs and in close reference to the CRPD, as well as the Joint Community Based Rehabilitation (CBR) Guidelines by the World Health Organisation (WHO), International Labor Organisation (ILO) and the United Nations Education and Scientific Cultural organisation (UNESCO).
To further guide planning and budgeting, the government also developed the National Program and Plan of Action on Disability with the following focus areas:
• Accessibility to Basic Services;
• Physical Environment and Information;
• Capacity building;
• Conflict and Humanitarian emergencies;
• Livelihoods and Employment;
• Research and Documentation;
• Monitoring and Evaluation.
In order to cope with current international and national legal reforms, the NCD Act is undergoing amendment to strengthen its monitoring and policy influence work.
The role of disability movement
In 1987 the Government enacted the NGOs Statute to facilitate registration of NGOs. As a result of that policy framework many international and national NGOs have registered in Uganda. Among others those specifically engaged in disability work are; the National Union of Disabled Persons of Uganda (NUDIPU); Uganda National Association of the Blind (UNAB); Uganda National Association of the Deaf (UNAD); Mental Health Uganda; Epilepsy Support Association of Uganda; Uganda National Action on Physical Disabilities (UNAPD); National Union of Women with Disabilities of Uganda (NUWODU); Uganda Parents of Children with Learning Disabilities (UPACLED); Spinal Injury Association of Uganda (SIA) and Legal Action on People with Disabilities (LAPD); Uganda Society for Disabled Children; Action on Disability and Development; Sight savers International; Katalemwa Leonard Cheshire Home, and Basic Needs UK in Uganda.
Since 1998 the Government has created an enabling environment for the civil society organizations to participate in the promotion and protection of human rights. DPOs have been instrumental in implementing the UNCRPD
Whilst not mentioned in the domestic legislations, the State has taken effort to ensure reasonable accommodation through modification of new public building designs to ensure easy access by persons with disabilities. This practice has been adopted by Local Governments as well in the awarding of tenders for the construction of public buildings. A number of Local Governments have rumps in public schools and health centres. Government has also made provision to ensure that students with disabilities in public universities who need extra support have guides (particularly for blind students and students in wheel chairs). However, Government has not enforced building plans – particularly of public buildings, and encourage private investors to adopt universal designs. It has also not yet included clauses on reasonable accommodation in the appropriate laws. However, the PWD Act 2006 is being amended and is providing for physical access to buildings.
DPOs and NGOs have created awareness on the CRPD using information materials, media and training workshops to sensitize policy makers and the general public. NUDIPU has developed popular versions of CRPD which has been used during training on CRPD. This is in line with article 8 of the CRPD.
DPOs particularly NUDIPU has been working in the war and post war areas of northern Uganda to ensure resettlement of PWDs after the LRA insurgency. PWDs have been supported return to their homes. Peace and Recovery Development Plan has been developed to ensure quick recovery from war effects. DPOs have lobbied to ensure the plan captures the needs and concerns of PWDs In line with Article 20 on Personal mobility, NUDIPU has been purchasing and distributing assistive devices especially walking aids and wheelchairs persons with disabilities from 2008. In addition, orthopedic workshops which were established at regional referral hospitals including Gulu in the north, Kumi in North East, Buluba in the East and Fort Portal in the western region have not been functioning to ensure PWDs access assistive devices.
Also, there has been series of meetings with Uganda BureUBOS charged with conducting demographic surveys and census. The meetings aimed at ensuring that the data and statistics on disability are captured during the 2012 population census. NUDIPU with other DPOs, Ministry of Gender, Labour and Social Development have engaged the Ministry of gender labour and social development to ensure that disability data is purposely captured during the enumeration exercise by the census enumerators. Indeed statistics or data on disability is global issue and more so a human rights issues as enshrined in the CRPD.
What are the major topical issues in Uganda?
The domestication of the CRPD is a live debate among DPOs and even in government circles. Whereas both the government and DPOs have drafted reports to CRPD Committee, none of them have submitted so far. The demand of domestication is being noted as gradually taking shape with the current review of PWDs Act 2006. Both government and DPOs view this as an opportunity for domesticating the CRPD, although none of these originally agreed on how to proceed with the process.
The review of other laws such as those relating to the conduct of elections PWDs political leaders is yet to be submitted to the floor of parliament by the Ministry if Gender, Labour and Social Development.
22.1.12
'Nothing About Us Without Us'
’ Nothing about us without us’ was the slogan often repeated during the negotiations of the Ad Hoc Committee that worked towards the CRPD. The slogan has its basis in the point of view that persons with disabilities themselves need to be included in processes involving them with the aim of avoiding dependence, control and paternalism of society. The slogan brings explicit the well founded fear that the needs of this group of people neither can nor will be taken note of if persons with disabilities are not included in decision-making.
The UN CRPD lays a solid platform for this obligation, starting from the General Principles in Article 3 (c) which pinpoints full and effective participation and inclusion of persons with disabilities in society and from General Obligations in Article 4 (1), which mandates the State Parties to closely consult with and actively involve persons with disabilities through their representative organizations, and ending in the duty to include organizations of persons with disabilities in some of the specific areas, such as international co-operation (Article 32) and National implementation and monitoring of the UN CRPD (Article 33). In the specific context of Article 33 of the CRPD, the mandate to include organizations of persons with disabilities is very strong.
As a conclusion; there is a normative mandate to include organizations of persons with disabilities in all the bodies that will be maintained or established in the context of Article 33 of the CRPD. Many governments are planning how to make the CRPD part of their legal systems. The level of participation of persons with disabilities in the planning processes and in the planned organizational models is varying between states. The topic is extremely relevant especially in the development context, as it is crucial that persons with disabilities are included everywhere to enable the inclusion of global disability rights issues in the agendas of government bodies working with the CRPD.
There are already 109 ratifications of the CRPD and even more, 153, signatures to the CRPD, so there are so many different models!
‘Nothing about us without us’!
The UN CRPD lays a solid platform for this obligation, starting from the General Principles in Article 3 (c) which pinpoints full and effective participation and inclusion of persons with disabilities in society and from General Obligations in Article 4 (1), which mandates the State Parties to closely consult with and actively involve persons with disabilities through their representative organizations, and ending in the duty to include organizations of persons with disabilities in some of the specific areas, such as international co-operation (Article 32) and National implementation and monitoring of the UN CRPD (Article 33). In the specific context of Article 33 of the CRPD, the mandate to include organizations of persons with disabilities is very strong.
As a conclusion; there is a normative mandate to include organizations of persons with disabilities in all the bodies that will be maintained or established in the context of Article 33 of the CRPD. Many governments are planning how to make the CRPD part of their legal systems. The level of participation of persons with disabilities in the planning processes and in the planned organizational models is varying between states. The topic is extremely relevant especially in the development context, as it is crucial that persons with disabilities are included everywhere to enable the inclusion of global disability rights issues in the agendas of government bodies working with the CRPD.
There are already 109 ratifications of the CRPD and even more, 153, signatures to the CRPD, so there are so many different models!
‘Nothing about us without us’!
13.12.11
Seminar on World Report on Disability and Finnish Development Policy on 13.12.at Helsinki
(Dr. Tom Shakespeare on the right)
Written by Hisayo Katsui
The World Health Organisation and the World Bank launched “World Report on Disability” in this summer (http://www.who.int/disabilities/world_report/2011/en/index.html). FIDIDA (Finnish Disabled People’s International Development Association) and the Finnish Ministry for Foreign Affairs organised this seminar as a Report launch event. Around 70 people attended the seminar from various backgrounds and we had active discussions on this report from multiple perspectives.
Tom presented the Report as “practical document” which brings together “all scientific documents with evidences and data.” Kalle Könkkölä, the Executive Director of the Threshold Association, also commented that the Report made all those findings as facts, which used to be frequently treated merely as opinions of individuals with disabilities. For many persons with disabilities, findings are so familiar from their own experiences. But with this Report, you can make an argument to prove that they are scientifically researched evidences and facts.
One of the significant findings is that the number of persons with disabilities is 15% of the world population (1 billion) when functioning questions are asked. (Among them 110-190 millions are severely disabled.) This is much more than we have hitherto considered, namely 10-12%. This point, I doubted that there could be even more because still today many persons and children with disabilities in Southern countries are hidden at home and not included into existing official statistics, which was the case in Uganda, for instance. Markku Jokinen, the Executive Director of the Finnish Association of the Deaf, also pointed this out in his speech.
Tom emphasised the participatory methods which involved so many stakeholders, particularly persons with disabilities and their organisations. When international organisations of this size are involved, this should be a good example, even if it takes a lot of time and money, as Tom admit. This is the most accessible report ever made from the WHO. He has visited and will pay a visit to many countries to launch the Report in the near future. I asked him how a country could invite Tom for holding a similar event, especially when the concerned country is from the South. This trip to Finland was paid by Finland, while he said WHO could cover the cost for visiting Southern countries. I think this is an important opportunity for any Southern country to take advantage of, because the findings are perhaps most urgently needed to be disseminated in those countries.
Throughout all speeches, need of data on disability was repeatedly pointed out. One of the nine cross-cutting recommendations of the Report was also to improve the availability and quality of data on disability. It says, “data need to be standardized” and “internationally comparable to benchmark and monitor progress on disability policies and on the implementation of the CRPD nationally and internationally.” It is true that created knowledge and data are to a great extent difficult to purely compare because of the diversity of environment and contexts in which persons with disabilities live. In many Southern countries such as Uganda, lack of glasses or any other assistive devices hinder many children and people with disabilities from participating schools or engaging into works. Albinos are facing severe and many times life-threatening discrimination in Africa, while Northern countries have very different situations for them. These are just a few examples that could challenge the recommendation to be implemented. Also, I wonder if everything could be quantified to be comparable? Along the same line, lack of research on outcomes was pointed out. Due to the multiple levels of discrimination, interventions on one area could not bear enough fruits. Changes could be subtle such as psychological changes, which could not be easily transformed into concrete changes due to severe discrimination. But if we pursuit evidence-based data in terms of outcomes too much in the field of disability, there will be a danger, I think, that we tend to end up in interventions whose outcomes are easily quantifiable such as medical interventions and material supports. They are equally important, but I would not like to undermine efforts that are not easily showing concrete evidences and data that are comparable internationally.
It must have been very difficult to involve many stakeholders with the participatory methods of the Report. I highly respect the efforts. The Report is more than needed to make permanent positive changes to quality of life of persons with disabilities in the world, particularly in the South. Thank you for the speakers including Heidi Hautala, Minister for International Development and the organiser. This was a great seminar!
Subscribe to:
Posts (Atom)
