Zambia Federation of Disability Organisations - Championing equal rights

ADEPT - Advancing Disability Equality Project

Project Purpose

"To establish principles and precedents which achieve improved rights for disabled people in Zambia by the end of 2010 through the use of litigation, capacity building and publicity"

Project Model

The project will use a model based on a step-wise process of:

(i) Information + Sensitisation

(ii) Litigation

(iii) Advocacy + Pressure to bring about change

Where information and sensitisation do not produce change / progress, the project will use:

• litigation & judgements  
• Precedent / landmark court judgements will build a foundation of knowledge about the rights of disabled people and legal instruments designed to protect them. 
• The project will transmit, build and mobilize Advocacy + Pressure skills needed to uphold and publicise the judgements, letting people know of their rights and duties
• The project will use the media to promote debate for improved application of the law & better policy / legislation

Project Objectives 1/2

• To strengthen the voice of disabled people and their organisations;
• To promote dialogue between Zambians with disabilities / and their organisations with government authorities at all levels;
• To build the capacity of local partners and their members to initiate a process of change among stakeholders, contributing to local and national development;

Project Objectives 2/2

• To win improved access and opportunities for disabled people whose cases the project pursues through litigation or negotiation and thereby for many more whose prospects will be influenced by the principles and precedents established;
• To open new channels of support to (with) AIDS-related disabilities by defining the impact of HIV/AIDS on impairment and assisting people for whom the infection has led to disability;
• To help disabled people, among the poorest and most disadvantaged in Zambia, to understand and demand their human rights

Project Method
Strategic approach to mobilise the law for disability rights

• legislative review and analysis; information, sensitisation and guidance; a litigation process to establish precedent judgements; publicity, capacity-building and empowerment.

Two-stage approach to establish principles & precedents:

• First approach: once discrimination cases are identified, the first and preferred approach for change will be by equipping institutions / employers / etc with the information and tools they need to correct or change their attitudes and behaviour; or
• Second approach: the first approach will always be backed up, however, by the second approach of litigation if the first preferred approach fails.

Project Results / Outputs

Result / Output 1: “A portfolio of landmark judgements providing case law precedent and affecting change, practice and opinion, alerting the disability community to their rights and raising awareness among all stakeholders”

Result / Output 2: “Changes in behaviour and practices towards disabled peoples’ rights resulting from enhanced awareness of and capacity for securing those rights embedded with stakeholders”

Result / Output 3: “Decision-makers and audiences in Zambia and elsewhere in Africa made more aware of, and active on, the potential of court and non-legal actions to secure disabled peoples’ rights”

Key Project Activities 1/3

Key Project Activity 1:

• Analyse existing legislation and identify optimum focus fields to create influential precedent cases
• Identify existing legislation, opportunities and constraints
• Identify potential precedent and focus fields
• Establish criteria for selection of cases to be taken forward through sensitisation and / or taken to court

Key Project Activities 2/3

Key Project Activity 2:

• Identify and select Plaintiffs and deliver precedent judgements
• assess the merits of cases brought
• decide whether to proceed through information and sensitisation or whether
• to begin litigation according to criteria established the first approach,
• carefully select disputes and Defendants and cases which have the potential to establish new legal principles across several areas in civil society or employment

Project Activities 2/2
Key Project Activity 3: Develop sustainable capacity within partners and stakeholders to manage the change process

• Develop a Best Practice Training Resource Pack
• transfer of legal expertise gained by the project to advisers of disabled people and the legal profession
• Embed the change process with service providers, employers, educators and government by offering, for a fee, guidance/education/training in good practice in light of the landmark judgements
• Facilitate ZAFOD / DPOs in initiating advocacy actions to strengthen or change existing legislation

Disability Rights & Disability Discrimination

• Disability discrimination
• Citizens are protected by Constitutionally-protected rights
• Discrimination involves a breach of the right to human dignity & fundamental equality of all citizens & right to equal treatment

Unlawful acts and omissions

• Non-disabled people must comply with other disability-related legislation
• Acts and omissions that do not comply are unlawful / criminal conduct

Disability-related rights in different settings – for example right to:

• Equal inclusion & treatment in Education and Training
• Fair recruitment & dismissal in Employment
• Dignity and abuse in Correctional & Psychiatric Services
• Equal access to goods & services of equal service quality

 HIV/AIDS Project

ZAFOD with the support of Forum Syd is implementing an HIV/AIDS project targeting disabled persons in Zambia. The project is aimed at increasing HIV/AIDS awareness among disabled persons through the provision of information. The project also focuses on promoting accessibility to HIV/AIDS services by persons with disabilities in Zambia. The following are some of the project activities.

Development of HIV/AIDS Policies

This activity involves the development of HIV/AIDS Policies for Disabled People’s Organisations (DPOs) This is in an effort to make them respond adequately and effectively to challenges posed by HIV/AIDS to such organisations and the general membership.

HIV/AIDS Resource Centre

In order to bridge the HIV/AIDS information gap that exists between disabled persons and non disabled persons, ZAFOD has established t resource centre which is acting as a reservoir of information in a form that can be understood by any person.

HIV/AIDS Research

ZAFOD is embarking on a research to ascertain the impact of the HIV/AIDS pandemic on disabled persons and also to find out the HIV/AIDS prevalence rates among disabled persons. Thos is extremely important as the research will produce important information to be used by Disabled People’s Organisations (DPOs) and other stakeholders.

Training HIV/AIDS counselors in sign language

This activity involves training HIV/AIDS counselors working in various centres in sign language so that they are able to communicate with deaf persons who visit their centres.

Train disabled persons in HIV/AIDS Counseling and Peer Education

This involves training disabled persons in counseling and peer education so that they are able to counsel their fellow disabled persons who need HIV/AIDS counseling.

Participation of disabled persons in World AIDS Day Commemoration

The activity is aimed at enhancing the full and meaningful participation of disabled persons in World AIDS day which always falls on the 1st of December each year. Disabled persons have to participate in the commemoration of the day as they are also affected by the HIV/AIDS pandemic will enable disabled