The African Decade for Disabled Persons - towards a common vision for people with disabilities
By Charlotte Vuyiswa McClain
Transfixed to my TV screen this past Saturday I watched the opening of the Cricket World Cup - a first for the African continent. I must confess while I am not one for pomp and ceremony hosting this international event brought me immense pride. Ushered in by a roaring applause the VIP entourage of South Africa's sportsmen and women graced the Newlands greens. Again I was filled with more pride and exuberance...this time it was triggered by the inclusion of Zandile Situ, our Paralympic Gold medallist for javelin and the golden stroke of Terence Parkin, a deaf swimmer who represented South Africa in the last Olympics.
Greater visibility
Yes, I thought people with disabilities are becoming more visible, we are there and yes, certain sectors of our society are recognizing and celebrating the gains and contributions people with disabilities have made in the exciting country. I felt optimistic and encouraged but also aware that much still needs to be done. I pondered over what and how the South African Human Rights Commission could become more relevant in bettering the lives of people with disabilities.
Human rights
The Vienna Declaration and Programme of Section that followed the 1993 World Conference on Human Rights encouraged the establishment and strengthening of national institutions in line with the Paris Principles. The Paris Principles relate to the status and functioning of National Institutions for the Protection and Promotion of Human Rights. As a result several national institutions have grown in the African region as in other regions. While they vary in their constitution and how they appoint their members in the main they are mandated to protect and promote the human rights of their citizens.
Human rights law is the branch of international law that affirms the universal rights and freedoms to which all human beings are entitled. Right-holders are individuals or groups that have certain entitlements [for example to life, to access education, health care services and adequate food]. In addition to these entitlements right bearers are protected from non-discrimination and other rights such as not to be subjected to torture. However, it is important to recognize that for every right there is a corresponding duty This point is particularly important for people with disabilities as we underscore the need to move away from paternalism and charity to a more developmental and participatory approach to addressing issues pertaining to disability.
Vulnerability to disasters and armed conflicts
People with disabilities are particularly affected by natural and man-made disasters. They are also particularly vulnerable during conflict. Armed conflict also brings about great numbers of people with disabilities, mainly because of injuries sustained in battles and by landmines. Moreover, an alarming practice in armed conflicts reported in some African countries is the mutilation of hands, arms and legs of civilians. Children are particularly vulnerable to disability in armed conflicts, notably due to landmines. Recently Africa's leaders recognized that war and conflict on the continent continues to cause misery to millions of Africans. These conflicts undermine democratic governance and stifle the economic and social development, which Africa so badly needs.
Under international human rights law, action aimed at granting special protection and assistance to particularly vulnerable groups or individuals is not contrary but in fact complementary to the principles of non-discrimination.
Non-discrimination may not be enough to overcome economic and social obstacles hindering the achievement of equality of people with disabilities. Discrimination may also take different forms. It may be direct discrimination when norms and or practices overtly differiate treatment on the sole basis of the persons disability
Support for African Disability Decade
The Office of High Commissioner for Human Rights very much encourages regional approaches in the protection and promotion of human rights. Regional cooperation for the equalization of opportunities for people with disabilities has been gaining momentum on the African continent. The Economic and Social Council, in paragraph 14 of its resolution 2000/10, encouraged international support for the African Decade of Disabled Persons to promote equalization of opportunities by, for and with persons with disabilities and to promote and protect their human rights.
The African continent has pledged to undertake the regeneration of the continent through the implementation of New Economic Plan for African Development [NEPAD]. African leaders have pledged to on the basis of a common vision ensure that democracy and the human rights of all Africans are promoted. It is therefore critical that African people with disabilities develop a strategy to interface with NEPAD as a vehicle for the empowerment of people with disabilities, particularly as NEPAD has recognized the African Decade of Disabled Persons as one of its sub-programmes. I also believe that formation of NEPAD and the establishment of the African Union will breath new and challenging possibilities for national institutions to contribute to implementing the tenets of NEPAD and ensure that the African Decade of Disabled People objectives are met.
Last year the Uganda Human Rights Commission hosted the 4th Conference on African National Institutions with the view to making the existence of National Human Rights Institutions relevant to the life experience of all people. The Ugandan Human Rights Commission had earlier on in the year organized a workshop focusing on the rights of people with disabilities.
Accessible society
The South African Human Rights Commission last year in November launched a report on accessibility and built environment- towards a barrier-free society. The report contributes towards the development of a more accessible society for all. It highlights the scope of the legislative frameworks in South Africa and sheds light on the rights of people with disabilities. The message in the report is simple and is written in plain English and available in Braille. In essence the report moves to making the rights in our Constitution a reality for people with disabilities.
Support for UN Convention At an international level South Africa cosponsored General Assembly Resolution 56/168 and the Commission on Human Rights Resolution 2002/61, both addressing the historical background and context in which the United Nations and Member States have been active to promote the human rights of persons with disabilities. South Africa's delegation to the Ad Hoc Committee was made up of people with disabilities holding true to the movements' slogan "nothing about us without us".
It is also foreseen that the consultative conference planned for May 2003 in Johannesburg will amongst other things look at developing a common position for African Member States in preparation towards the next Ad Hoc Committee on Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities.
Watch this space, because I believe that on our continent a new dawn is awakening.
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