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By Muchaneta Chimuka
THE National Association of Societies for the Care of the Handicapped (NASCOH), an umbrella organisation of and for Organisations of People with Disabilities (OPD) will this Thursday hold a review meeting of the African Charter on the rights of People with Disabilities in Harare.
NASCOH Acting Executive Director, Mr Henry Mashaya said the review is meant to familiarise participants on the provisions of the protocol and to consider whether it is necessary to recommend to the Government the adoption/ratification of the protocol also considering that Zimbabwe is a signatory to the United Nations Convention on the Rights of People with Disabilities (UNCRPD).
“The meeting will also get the opportunity to learn more on the processes that follow the ratification of a “Treaty’. We will be having facilitators from the Ministry of Justice Legal & Parliamentary Affairs, Ministry of Public Service Labour & Social Services (Chief Director on Social Services, Disability Directorate & the Legal Division) and the Ministry of Foreign Affairs and Lawyers for People with disabilities. We also enclose a ‘brief’ on the African Charter on the rights of people with disabilities for your advance familiarisation if need be,” he said.
The African Disability Protocol (The Protocol) to the African Charter on Human and Peoples’ Rights was adopted by the African Union Commission on Human and People’s Rights (ACHPR) at the 30th ordinary session of the Assembly held in Addis Ababa, Ethiopia on January 29, 2018.
“Some of the brief outlines the main points of the protocol and includes a briefing on the next step; national ratification, for which we need Sights Savers’ country office support for the attainment of the required 15 member states ratifications to give effect to the Protocol,” Mashaya added.
The first African Union Continental Plan of Action for the “Decade of Persons with Disabilities” was between 1999 and 2009. Thus, in 2003 the first Ministerial Conference on Human Rights in Africa, came out with the Kigali Declarations which “calls upon States Parties to develop a Protocol on the protections of the rights of the elderly and Persons with Disabilities”.
In line with this, a working group was established by ACHPR via Resolution 143/45 of 2009.
“In 2010 on the strength of Articles 66 and 18(2), the Working Group released the draft copy of an African Protocol for persons with disabilities for comments. However, disability human rights organisations and experts pointed out that there had not been much consultation and that there were several gaps in the document. The circulated draft did not advance any African legal jurisprudence and the document eroded the gains achieved with the enactment of the UNCRPD,” Mashaya said.
Africa Disability Alliance together with partners including Sightsavers and Africa Blind Union provided technical assistance to the Commission and in collaboration with the University of Pretoria offered guidance and direction on options for an inclusive process.
The agreed text of the Protocol is the result of this collaboration.
Mr Mashaya said some of the provisions of the protocol of the African Charter on Human and Peoples’ Rights (The Charter) of the African Union envisaged the need for the AU to have a clear framework for member states to promote disability rights as follows:
The Charter makes specific provisions in the following articles: Article 66; “special protocols or agreements to supplement the provisions of the present Charter.”
Article 60;“ shall draw inspiration from other instruments adopted by the United Nations.”
Article 18 (4), specifically mentions the aged and the disabled “Shall also have the right to special measures of protection with their physical or moral needs.”
The protocol therefore is the actualisation of that framework to guide member states of the AU in the promotion of the rights of persons with disability.
Thus, the Protocol seeks to address African specific issues including customs, traditional beliefs, harmful practices, the role of the family, care givers and community. It also deals with community-based rehabilitation and minorities within the disability community in Africa like people with albinism.
Generally, the language of the Protocol is more disability friendly and uses the right based approach, more detailed and illustrative to bring out the peculiarities of the African context.
The Protocol is intended to complement the African Charter on Human and Peoples’ Rights.
Upon entry into force, the Protocol will address, political, economic and social issues affecting people with disabilities such as harmful practices, systemic discrimination, social exclusion, increased rates of poverty, risk of violence and abuse particularly for persons with albinism, women, girls and older people with disabilities.
“The Protocol requires states parties to ensure that people with disabilities are not discriminated against but enjoy equality. The text details the particular rights of people with disabilities to: life, liberty, security of person, freedom from harmful practices, protection in situations of risk, equal recognition before the law and access to justice.
The protocol guarantees the right to live in the community, accessibility, education, health, rehabilitation and habilitation, work, an adequate standard of living and social protection, participation in political and public life, self-representation, freedom of expression and opinion, participation in recreation and culture, and family,” he said.
It also recognises the particular vulnerabilities and rights of women, children, youth, and older persons with disabilities in Articles.
“Additionally, Article 3 of the Protocol makes provisions for the rights of family members and caregivers of people with disabilities who might otherwise be subject to discrimination due to their association with people with disabilities. The Protocol recognises the specific protection needs of people with disabilities in periods of armed conflict or other humanitarian situations,” he underscored.
He added that, the Protocol specifically requires states parties to take necessary steps to promote equality and to provide reasonable accommodations.
“This positive obligation specifically applies to access to basic economic and social spheres, such as employment under just and favourable conditions, education, and health care and conditions of health. People with disabilities are also guaranteed rights to equal opportunity to participate in politics and governance, liberty and humane treatment, freedom of speech and expression, and access to justice,” he said.
Mr Mashaya said the Protocol and the United Nations Convention on the Rights of Persons with Disabilities builds on the rights enshrined in the United Nations Convention on the Rights Of Persons with Disabilities and Universal Declaration of Human Rights.
“The Protocol has an African relevance, thrust and the adoption is a major success the Africa Disability Alliance and its partners in spearheading and driving the rights of persons with disabilities in Africa. It aims to answer some of the questions that have come up from the CRPD.
“It also makes use of available information from the General Comments, thus making it more comprehensive. It is thus a very useful tool for a population where the majority are not very conversant with the right based approach both on the side of the duty bearers and Organisations of Persons with Disabilities,” he said.
Article 36 of the Protocol provides that no provision shall be interpreted as derogating from the principles and values contained in other relevant instruments for the realisation of the rights of people with disabilities in Africa.
