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IMU presents first report to government of Zambia on the progress made in implementing the UNCRPD
The Zambia Federation of Disability Organisations (ZAFOD) through its project, the Independent Monitoring Unit on the Implementation of the Domestication of the UN Convention on the Rights of Persons with Disabilities presented its first report to government on the progress Zambia has made towards the implementation of the domestication of the UNCRPD. The presentation ceremony was held at Chrisma hotel on Friday, the 10th of February, 2012.
Presenting the report to the Director of Planning, Mr. Benny Chundu, who was representing the Permanent Secretary of the Ministry of Community Development, Mothers and Child Health, the chairperson of the IMU, Mr. Mulemwa Masiliso said the government should begin the process of writing the first report to the United Nations Special Committee on Disability, on the progress it has made on the process of domesticating the UNCRPD. In a speech read on his behalf by Mr. Justin BBakali, the IMU chairperson said it was very important that the process of developing and writing the report to be consultative. He urged government to ensure that persons with disabilities, through their representative organizations participated in the whole process.
The Permanent Secretary assured persons with disabilities that the government would begin the process of writing its first report to the UN Special Committee on Disability. The Permanent Secretary said the whole process would be consultative and persons with disabilities would be consulted. She further said that the government had started the process of domesticating the UNCRPD through the amendment of the Persons with Disabilities Act.
The report was presented to government in the presence of different stakeholders.
Zambia Federation of Disability Organisations
Independent Monitoring Unit on the Implementation of the Domestication of the UN Convention on the Rights of Persons with Disabilities (UNCRPD)
Official presentation of the report to government on the progress made in domesticating the UNCRPD
Speech by the IMU Steering Committee Chairperson, Mr. Mulemwa Masiliso
The Permanent Secretary, members of the IMU steering committee, representatives of different DPOs and NGOs, all protocol observed, ladies and gentlemen, I am pleased to stand on behalf of all stakeholders with interest in the domestication of the United Nations Conventions on the Rights of Persons with Disabilities. I begin by stating that the report we are presenting to government today is the first one and we shall be presenting these reports regularly. The purpose of presenting this report is to alert government and all other stakeholders on how far we are as a country in the process of domesticating the UNCRPD.
In preparing this report, we made consultations with different interest groups including government. We observe that the government has taken steps in implementing the domestication of the UNCRPD. The major step government has taken is to put in place a specific Technical Committee to oversee the process of domesticating the Convention. Through this Technical Committee, government has appointed a consultant to review different laws for the purpose of identifying gaps, and thereafter make recommendations for alignment to the provisions of the UNCRPD. We have seen progress in that the process of amending the Persons with Disabilities Act of 1996 has begun. Guest of Honour, we would like this process to be expedited. The process should be fully consultative so that all interest groups have a say, especially women and children with disabilities, and people with mental and intellectual disabilities. We also want to see a law that will recognise the right of persons with disabilities to exercise their legal capacity.
While government has started reviewing the Persons with Disabilities Act, very little is being done on other laws and programmes. Something must be seen to be done.
After reviewing and considering the CRPD carefully and the international obligations contained therein, the IMU makes the following recommendations:
1) Having appointed disability focal point persons (DFPP) the State should ensure that these appointments are in line with Article 33, paragraph 1, and should ensure that the appointed DFPP fully understand the CRPD, their mandate and their specific role in its implementation;
2) The government should ratify the Optional Protocol as soon as possible to exhibit its commitment to fulfilling the promotion and protection of the rights and fundamental freedoms of persons with disabilities in the State;
3) The government through its specific ministries should carry out awareness raising programmes to sensitize their officers on the provisions of the CRPD and disability rights in general;
4) The government through its ministries must develop disability inclusive policies and laws that promote participation and involvement of persons with disabilities and reduce discriminatory practices at all levels of society;
5) The enactment of the new Mental Health Services Act that promotes and protects the rights and fundamental freedoms of mental health users should be expedited to replace the old discriminatory Mental Disorders Act of 1951. The new law should abolish involuntary admission and treatment of mental health users to Mental Health Institutions;
6) The Technical Committee appointed by government to coordinate the work on domestication of the CRPD should be effectively sanctioned by government to proceed with its vital activities – and in particular the overseeing of the work of the Consultants appointed to review different laws for the purpose of domestication;
7) The Ministry of Community Development and civil society should seek and work to bring about new disability legislation which recognizes the rights and fundamental freedoms of persons with disabilities, in particular the right to be treated equal before the law, to replace the current act, which does not adequately provide for the rights and aspirations of persons with disabilities;
8) The Ministry of Local Government, Early Childhood and Environment should repeal the Town and Country Planning Act and Housing Act forthwith and implement new legislation that will be inclusive and will promote and ensure the protection of accessibility rights of persons with disabilities to public buildings, facilities and services, including roads;
9) The Ministry of Education should review the present “Educating Our Future Policy” (1996) and consider replacing it with an Inclusive Education Policy that will promote provision of reasonable accommodation within the general education system and universal design of curriculum, learning materials and teacher training programmes. Such policies should be backed by inclusive education legislation;
10) The government, through the Ministry of Health, should ensure, through policy, administrative and financial measures the facilitation for the provision of free medical care for persons with disabilities as close as possible to their homes. This should include access to HIV/AIDS and reproductive health services;
11) The government should ensure the equal participation of persons with disabilities in the political and public life sector through the introduction of electoral policies and laws that recognize the rights of persons with disabilities to participate in the electoral process directly or indirectly. This should include the recognition of the right to a secret ballot;
12) The Ministry of Labour and Social Security should as a matter of urgency amend the Labour laws, especially the Employment Act, for the purposes of prohibiting discrimination on the basis of disability in the work place;
13) Government should take deliberate measures including institutional, policy, legislative and financial measures, to ensure adequate provision of matters relating to the promotion and protecting of the rights and fundamental freedoms of women and children with disabilities.
In view of the above recommendations, it is essential for the government to begin the process of submitting its first report to the Special Committee on Disability of the United Nations for submission in the first quarter of 2012.
Such a process should be consultative and directly involve persons with disabilities and their representative organizations.
With these words, I here present the report officially to the Guest of Honour, who is receiving it on behalf of government. We will ensure that the report is received by all government ministries because it affects all. I here present the report.
February, 2012.
Official presentation of the Report to Government on the progress made in domesticating the UNCRPD
Speech by the Guest of Honour, the Permanent Secretary of Ministry of Community Development, Mothers and Child Health
The Chairperson, the Director General of Zambia Agency for Persons with Disabilities, members of the IMU steering committee, representatives of different DPOs and NGOs, all protocol observed, ladies and gentlemen, I am honoured to stand before you to receive the first report prepared by Disabled People’s Organisations (DPOs) and other interested stakeholders in the domestication of the Convention on the Rights of Persons with Disabilities (UNCRPD). The government welcomes the report and will ensure that we critically study it for the purpose of understanding it and implementing its recommendations.
I wish to state that this government has already committed itself to domesticating the UNCRPD. You may all recall that the President, Mr. Michael Sata announced to the nation in His speech when inaugurating the new National Assembly that His government will prioritise the domestication of the Convention. As you have already stated Mr. Chairperson, the government through my ministry has already started the process of domesticating. Currently, the process of reviewing the Persons with Disabilities Act is ongoing.
I want to observe that the recommendations you have given are sound. Through the Ministry of Community Development, we are in the process of re-appointing Focal Point Persons in every ministry who will be in charge of disability issues. The Focal Point Persons will ensure disability issues are mainstreamed within their ministries and thereafter planned and budgeted for. We shall ensure that such persons are qualified to hold the positions.
The government is also making consultations on the process of ratifying the Optional Protocol to the Convention on the Rights of Persons with Disabilities. Since we already showed commitment through ratifying the Convention, we shall ensure we ratify its Optional Protocol as soon as possible.
Mr Chairperson, you are right in saying that there is need to carry out awareness programmes for government workers on the CRPD and the general rights of persons with disabilities. This mandate is given to the Zambia Agency for Persons with Disabilities. The Agency should as a matter of urgency begin to carry out its mandate, one of which is to carry out awareness programmes. This is important for all citizens.
As I already stated at the beginning, the government will be reviewing all policies and laws to align them to the CRPD. This is a process that will not take a year. This will be done progressively but we shall achieve it. This includes ensuring that the rights of persons with mental and intellectual disabilities are protected through the relevant laws. We as a government shall ensure that the Technical Committee on the Domestication of the CRPD is supported. It is this committee which will oversee the review of different policies and laws.
Mr. Chairperson, my ministry will be getting in touch with other different ministers to ensure they start the process of aligning their laws to the CRPD. In particular, I shall get in touch with the Ministry of Local Government for the purpose of consulting on how the Town and Country Planning Act and Housing Act should protect the rights of persons with disabilities to accessibility to public buildings, facilities, services, including roads. This is one barrier we as a government are aware of and will ensure we work on.
The government shall further ensure that the right to education, employment and quality health care are promoted. Furthermore the right to participate in political and public life, especially in the electoral process is enhanced. While looking at all these rights, the rights of women and children with disabilities will be of particular interest.
Mr. Chairperson, I take note that government is supposed to present its first report on progress made towards implementing the UNCRPD to the Special Committee of the United Nations. I assure you that we shall begin consultation around that so that the report is written is submitted. We shall ensure that we develop such a report together with civil society. We shall in fact take some of the recommendations given in the report we are receiving today to develop the report to the UN.
With these words, I here acknowledge receipt of this report before me and will ensure that it is studied and implemented. I thank you for the work you have done and wish you further success in your other work. God bless you.
February, 2012. |
