In celebration of the international day for people living with disabilities(which held yesterday),it is only humane that we step back and appraise the plight of Nigerians living with disability.
Nigeria is a country that occupies
923,768sq km in Western Africa making her the 32nd largest nation in the world.
It comprises 36 states and has a population of more than 162 million, making it
the most populous black nation in Africa and the world at large. With its vast land
mass, natural resources and population comes huge responsibilities not just to
the world and to the African continent, but to her citizens, able and disabled.
Disability in Nigeria has become more of an afterthought issue rather than a
matter of priority with about 19 million people in Nigeria experiencing a form
of disability, and more than 1 billion people worldwide.
The main purpose of this paper is to
examine disability laws obtainable in Nigeria, and compare them with existent
models in developed/developing nations around the world. Our two main case
studies will be the United Kingdom and South Africa, due to their comprehensive
disability legislation and policy implementation for disability.
In South Africa, a 2005 study
evaluated the country’s legislation and policy implementation from two key
angles: (1) How effective has this legislative and policy environment been in
making real changes to the lives of disabled people? (2) Are policies being
implemented and acted on, or do they ‘evaporate’ the closer one gets to the
grassroots?
South Africa possesses one of the
most comprehensive disability rights legislation and policy regimes in the
world, and disabled people are involved at all levels of government. This
research was commissioned to investigate the extent to which policies and
legislation have been implemented by the South African government.
Some of the achievements linked to
the development of new legislation and policy in South Africa are: (i) The
development and the adoption of the White Paper on Disability on an Integrated
National Disability Strategy, known as INDS; (ii)The South African government
can currently determine employment-equity quotas that apply to the private and
public sector regarding the employment of disabled people through the
Employment Equity Act (EEA) of 1998; (iii) Increasing the basic disability
grant and the extension of its provisions to a wider sector of people through
the Social Assistance Act; (iv) Introduction of policy on inclusive education
through the White Paper on Special Needs Education; (v) Actively participating
in continental and international initiatives on improving the lives of disabled
people, such as the Africa Decade of People with Disabilities, and participating
in the development of the United Nations Convention on the rights of disabled
people; (vi) Providing free primary health care to disabled people affected by
poverty; (vii) Establishing the Equity Court; (viii) Establishing the Office on
the Status of Disabled People in the Presidency, and at provincial levels; (ix)
Establishing Disability Desks and Units in many departments within all spheres
of government.
While support by the South African
government for the formulation and adoption of policy has been excellent,
policy implementation remains a challenge. Worthy of note is the fact that
there are capacity constraints at every level that limit the effective
implementation of policy. Policy implementation issues are not addressed
consistently, for various reasons, at different levels of government. These
reasons include: (i) Limited conceptual understanding; (ii) Poor championing
awareness; (iii) Inadequate or inappropriate institutional arrangements; and
(iv) a general lack of capacity.
Two other factors that have
contributed to the poor implementation of legislation and policies are: (i) the
definition and nature of disabled people’s participation have not been
adequately reviewed and articulated; (ii) policy requirements for disability
mainstreaming are not adequately linked to performance management, thereby
undermining commitment to implementation.
The major setback of Disability
Policy implementation in South Africa is: Legislation and policies are not
implemented, due to a lack of allocated fiscal resources and commitment by
government, and agencies responsible for such implementation.
In the South African example, one
reason that can be credited for the vast success of the disability campaign, is
political support. Political will power is present from both ministers and
senior civil servants in charge of departments. The other reason of course is
the outstanding sustained commitment and ongoing advocacy by the disability
sector, led by Disabled People South Africa (DPSA). The current legislation, in
the form of the Employment Equity Act; Social Assistance Act; Skills
Development Act; Skills Development Levy Act…etc, have all helped to create a
new sense of awareness of the needs of disabled people.
In the case of the UK, people with
disability are protected by the Disability Discrimination Act 1995 (as amended)
(DDA) for England, Scotland and Wales, and the Special Educational Needs and
Disability (Northern Ireland) Order 2005 (as amended). The Disability
Discrimination Act (DDA) defines a disabled person as “someone who has a
physical or mental impairment that has a substantial and long-term adverse
effect on his or her ability to carry out normal day-to-day activities”.
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| People Living With Disability |
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People who have had a disability in
the past that meets this definition are also covered by the scope of the Act.
There are additional provisions relating to people with progressive conditions.
The DDA 2005 amended the definition
of disability. It ensured that people with HIV, cancer and multiple sclerosis
are deemed to be covered by the DDA effectively from the point of diagnosis,
rather than from the point when the condition has some adverse effects on their
ability to carry out normal day-to-day activities.
The achievement of the DDA 2005
includes the new duty it places on public bodies - from local authorities, to
healthcare, to education providers to promote equality of opportunity for
disabled people, similar to the 'duty to promote' under the Race Relations
Act. This duty, which came into force in December 2006, meant that public
authorities will need to have 'due regard' to the need to eliminate
discrimination against, and harassment of, disabled people; promote equality of
opportunity for disabled people; promote positive attitudes towards disabled
people; and encourage disabled people to take part in public life. In the
context of Higher Education Institutions (HEIs), it encourages academic staff
to review their learning, teaching and assessment methods to become more
inclusive for disabled students.
Having looked at South Africa and the
UK, let us now look at what obtains at home. Unfortunately, Nigeria does not
have any legislation currently safeguarding the rights of people with
disability. It would be unfair to say Nigeria does not care for the disabled
and it is important to note that Nigeria is a signatory to the Convention on
the Rights of Persons with Disabilities (CRPD), and its accompanying Optional
Protocol. However, it is important to note that Article 4 of the UN Convention
identifies general and specific obligations on States (including Nigeria) and
parties in relation to the rights of persons with disabilities. One of the
fundamental obligations contained in the Convention is that national law should
guarantee the enjoyment of the rights enumerated in the Convention. Part of
those mandatory rights are enacting and passing a bill, which must include the
establishment of a monitoring commission.
Again, it would be unfair to say that
the Nigerian government is not sensitive to the plight of people living with
disability. Currently in the 7th Senate of the National Assembly, a bill titled
an Act to Ensure Full Integration of Persons with Disabilities and to establish
a National Commission for Persons with Disabilities and Vest it with the
Responsibilities for Their Education, Health Care and the Protection of their
Social Economic and Civil Rights is before the Senate. This bill, which is
sponsored by me with the support of my colleagues, is an improved version of a
similar bill sent to the 6th Senate. It brings together attainable standards
from other countries including the two cases examined. This bill seeks to
secure the rights of Nigerians living with disability. Protect them, and reaffirm
their faith in themselves but most especially in their country, Nigeria. The
Disability Bill has faced challenges such as funding. The commitment of donor
agencies dependent on an initial commitment from the Nigerian government is
commendable and appreciated.
This bill will address the issues of
poverty; unemployment; education of children and young people with
disabilities; access to security and assistive devices; access to housing,
public health services and transport.
I believe that Nigeria can gain
immensely from countries that have effective legislation and policy
implementation regarding disability, not using them merely as case studies or
examples but as standards to be emulated. We should also learn from how other
countries have been able to overcome some of the challenges in policy
implementation. We recognize that even after the adoption of the new
legislation; we will face implementation challenges probably similar to the
case in South African, where robust legislative framework has been challenged
by: limited conceptual understanding; poor championing awareness; inadequate or
inappropriate institutional arrangements; a general lack of capacity; and Lack
of allocated fiscal resources and commitment by government, and agencies
responsible for such implementation.
Nonetheless, we can seek to resolve
some of these impediments via: sensitization and training of agencies
responsible for implementation; strengthening of Advocacy by disabled
population; greater public sensitization about disabled rights; better
oversight by National Assembly of agencies charged with implementing policy,
etc.
Finally, as we ponder the role of
government in the promotion and protection of disability rights, let me
reiterate that our disabled brothers and sisters are just as valued and just as
valuable as the non-disabled population. They are owed a duty of care and
protection as citizens of Nigeria. We are a diverse nation that draws much of
its strength from its diversity. It is time to realize that this diversity is
not just in tribe and tongue or religion but also in ability and disability.
The Paralympic games in London were a wonderful showcase of disabled athletes
displaying almost superhuman talent. Who can forget Esther Oyema – the Nigerian
female weightlifter, lifting a record-breaking 135 KG, to take the gold medal
for Nigeria?
Not everybody can achieve such feats,
but these achievements of our wonderful paralympians, remind all of us of that
when given support, when given education, when given opportunity, our disabled
population can reach their fullest potential and contribute greatly to the
productivity and progress of the nation. I can say, in all sincerity, that I
and my colleagues in the 7th Senate are committed to improving the protection,
rights and opportunities open to the disabled population. We are with you, we
will fight for you. Thank you and God bless you all.
Being a paper delivered By Senator Nurudeen Abatemi-Usman (PDP,
Kogi Central), Vice Chairman Senate Committee on Niger Delta Affairs, at a
programme organized by women with disabilities in Abuja.
Yesterday was World Disability Day,
and the day was marked by media houses, newspapers doing all they can to play a
role in raising the awareness bar on disability. Truth be told, there's still a
lot to be done in this area, and I believe its OUR
collective responsibility to make sure that people living
with disability will be well- rated, respected and allowed to live
and do things like every other being.