Disability and the Right to Development: Moving Policy to Practice

2. DISABILITY AND THE RIGHT TO DEVELOPMENT: MOVING POLICY TO PRACTICE • SUMMARY: • HUMAN RIGHTS AND DEVELOPMENT • HUMAN RIGHTS IN ACTION • THE RIGHT TO DEVELOPMENT FOR PERSONS WITH DISABILITIES • EXAMPLE FROM RWANDA

3. HUMAN RIGHTS AND DEVELOPMENT • Human rights are a twentieth century phenomenon developed in response to the atrocities of World War II. • They set out an internationally accepted moral code by which the intrinsic humanity of every individual is recognised and protected. Human rights are the fundamental, universal and indivisible principles by which every human being can claim justice and equality (Albert and Hurst).

4. HUMAN RIGHTS AND DEVELOPMENT • As the 24th Special Session of the UN World Summit for Social Development and Beyond (June 2000) declared: • ‘The ultimate goals of development are to improve living conditions for people and to empower them to participate fully in the economic, political and social arenas.’

5. HUMAN RIGHTS AND DEVELOPMENT • However, as has been repeatedly documented, access to full and equal participation has been denied to disabled people in almost every country, helping to create conditions that result in them being among the poorest of the poor.

6. HUMAN RIGHTS AND DEVELOPMENT • At the same time, being poor is not only about being socially excluded but also makes people much more vulnerable to contracting a whole range of disabling impairments. Poverty and disability are in this sense locked in the embrace of a real dance of death.

7. HUMAN RIGHTS AND DEVELOPMENT • This is made far worse in developing countries in the South, where the failure of economic and social development is characterised by widespread and seemingly intractable poverty associated with wars and civil unrest, malnutrition, poor sanitation, lack of immunisation, inadequate health care, few safety provisions and pollution. Such is the music, which gives the dancers no respite.

8. HUMAN RIGHTS AND DEVELOPMENT • Human rights are indivisible and universal. Continuing to leave disabled people out of mainstream systems of development by perpetuating discrimination and exclusion violates these rights.

9. HUMAN RIGHTS AND DEVELOPMENT • From a human rights perspective, development programmes can, therefore, no longer make excuses for not addressing disability, particularly as many development agencies now claim to be working within an explicit human rights framework

10. A human rights approach to development • Since the 1990s many multi-lateral and bi-lateral agencies have adopted a human rights approach to development. This approach seeks to ensure that each person is seen as having an equal right to freedom, dignity, non-discrimination and protection from the state against abuse of these rights, together with access to economic, cultural and social rights..

11. A human rights approach to development • It is argued that only by empowering all people to be able to make decisions about their lives will it be possible to reduce poverty and achieve the Millennium Development Goals • Persons with disabilities have been fostering progressive social change by putting a human rights approach to development into practice, often many years before such an approach was adopted by international agencies.

12. Disability and human rights in action • A rights based approach to disability and development is about: • Levelling the playing field so that people with disabilities can access jobs, education, health and other services. • Removal of physical and social barriers; it is about attitude adjustments for policy makers, employers, teachers, health care professionals and even family members.

13. Disability and human rights in action • A rights based approach is about ensuring universal design, accessible technology, and coordinated public programmes and service. • The approach requires government to provide the resources necessary to implement these goals and to enforce penalties for those who refuse to cooperate.’

14. Disability and human rights in action • Local organisations of disabled people run income-generating projects such as chicken farms or crafts, operate loan schemes for small businesses, run local community based rehabilitation services and work cooperatively with local elders to raise the status of disabled people in their village and to ensure greater access and self‑ determination.

15. The Right to Development • The 13th item of the "Declaration on the Right to Development 41/128" adopted by the UN General Assembly on December 06, 1986, "Recognizing that the human person is the central subject of the development process and that development policy should therefore make the human being the main participant and beneficiary of development"

16. The Right to Development • In practice, governments struggle to ensure that the right to development is realized for persons with disabilities. Research and our experience at the Secretariat of the Africa Decade of persons with disabilities have shown that the major stumbling blocks are:

17. The Right to Development • Programming processes at national levels do not include disability. In other words, disability objectives and indicators are not included in national development plans and budgets • Civil servants and other personnel responsible for the implementation of policies lack knowledge, will and skills to effectively mainstream disability in their work.

18. The Right to Development • Political will is not backed by allocation of resources to disability inclusive programmes • General lack of prioritization of disability

19. EXAMPLE: FROM RWANDA • In Rwanda, the government and Disabled People’s Organisations (DPOs) have demonstrated that it is possible to collaborate and practice inclusive planning and monitoring of a National Disability Mainstreaming Plan (NDMP).

20. EXAMPLE: FROM RWANDA • The process included the following: • A Rwanda National Decade Steering Committee (RNDSC) was established in 2005, with the support and guidance of the Secretariat. • Objectives: to support the aims of mainstreaming disability and persons with disabilities in all sectors – including development process.

21. EXAMPLE: FROM RWANDA • Role of this Committee was: awareness-raising, advocacy, capacity-building and resource mobilisation. • Methods used were: lobbying Ministries and others (e.g., DPOs, CSOs, development organisations, donors) to work together for the benefit of persons with disabilities; research; training and sensitization; representation of the disability movement.

22. EXAMPLE: FROM RWANDA • The outcomes of this work were: • Establishment of a strong legal framework for persons with disabilities, including: • The adoption of the Law to Protect the Rights of persons with disabilities (2007); • The passing of eight Ministerial Orders affecting six Ministries responsible for implementing this law (August 2009);

23. EXAMPLE: FROM RWANDA • The outcomes of this work were: • The ratification of the UN Convention on the Rights of persons with disabilities; • The Constitutional amendment and Prime Ministerial Order to establish the National Council of persons with disabilities (2010/2011)

24. EXAMPLE: FROM RWANDA • The design of a government-owned National Disability Mainstreaming Plan (NDMP) • Adoption of a comprehensive monitoring and evaluation system for the NDMP.

25. NATIONAL DEVELOPMENT STRATEGIES OR PLANS (NDS/P) • Inclusion can also occur in National Development Plans or in the old Poverty Reduction Strategy Papers (PRSP). • Such inclusion could start with defining a standalone disability strategy that is then subsequently included in mainstream plans. • It is essential that the process and nature of inclusion should be participatory.

26. EXAMPLES OF INCLUSION IN NDS/P • Namibia Disability Mainstream Programme for 2011-2013 • Multi-sectoral strategy to mainstream disability in all sectors of government, from town councils to national ministries • A budget of US$14 126 280 is required to get implementation off the ground.

27. EXAMPLES OF INCLUSION IN NDS/P • National Disability Mainstreaming Programme (2010-2019). Again: • The government takes a leadership role-all government ministries validated the plans • The Programme uses sector-wide approach-disability is mainstreamed in all key government ministries and budgets • Close collaboration with Civil Society Organisations • Secretariat to award Government Ambassadorial Status

28. IN OTHER COUNTRIES------ • IN KENYA, TANZANIA, SENEGAL AND SOUTH AFRICA: • NATIONAL DISABILITY MAINSTREAMING STRATEGIES HAVE ALREADY BEEN DESIGNED • MAINSTREAMING STRATEGIES AT DIFFERENT LEVELS OF SUCCESS

29. INCLUSION IN DEVELOPMENT COOPERATION • ARTICLE 32 OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES PROVIDES USEFUL GUIDELINES • ESSENTIAL FOR DEVELOPED COUNTRIES TO: • INCLUDE DISABILITY AS AN INTEGRAL COMPONENT OF DEVELOPMENT COOPERATION • PUT CONDITIONS THAT ENCOURAGE DEVELOPING COUNTRIES TO INCLUDE DISABILITY IN PROGRAMMES SUPPORTED THROUGH DEVELOPMENT COOPERATION

30. TO ACHIEVE THE RIGHT TO DEVELOPMENT • FOR PERSONS WITH DISABILITIES, TO ACHIEVE THE RIGHT TO DEVELOPMENT ENTAILS THE FOLLOWING MEASURES:

31. DEVELOPING COUNTRIES SHOULD--- • INCLUDE DISABILITY STRATEGIES AND BUDGETS IN NATIONAL DEVELOPMENT PLANS FUNDED THROUGH DEVELOPMENT COOPERATION • INCLUDE DISABILITY AT ALL LEVELS IN ALL SECTORS OF GOVERNMENT.

32. INCLUSION IN STRUCTURES • STRUCTURES SUCH AS: • PARLIAMENT AND SENATES • IN GOVERNMENT-AS MINISTERS AND DEPUTY MINISTERS • COMMISSIONS THAT ENFORCE HUMAN RIGHTS (EG HUMAN RIGHTS COMMISSIONS) • MAINSTREAM STRUCTURES, NGOS AND PARASTATLS

33. INCLUSION: ESSENTIAL POINTS TO CONSIDERS • WITHIN THE UN: • ADOPT A POLICY TO BACK-UP THE DISABILITY STRATEGIES • INTERNAL SECTORAL BODIES/STRUCTURES OR PROGRAMMES SHOULD INCLUDE DISABILITY AS PART OF DEVELOPMENT COOPERATION STRATEGIES • INCLUDE DISABILITY IN FINANCIAL INSTRUMENTS

34. INCLUSION WITHIN THE UN • CONTINUED PARTNERSHIPS WITH DPOS AND NGOS. • USE A TWIN-TRACK APPROACH TO ACHIEVE INCLUSION IN PROGRAMMES • IMPLEMENT THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

35. INCLUSION WITHIN THE UN • DEVELOP AND STRENGTHEN A NETWORK OF INTERNAL DISABILITY FOCAL PERSONS WITHIN THE UN AND ITS COUNTRY DELEGATIONS • INCLUDE DISABILITY COMPONENTS IN PROCUREMENT PROCESSES.

36. SUPPORT OTHER MEASURES • SUPPORT THE WORK OF THE UN SPECIAL RAPPORTEUR ON DISABILITY • SUPPORT THE AFRICAN UNION SPECIAL RAPPORTEURS IN ORDER TO ACHIEVE INCLUSION AT ALL KEY LEVELS OF PROGRAMMING • SUPPORT RESEARCH AND BENCHMARKING STRATEGIES

37. CONSTRAINTS THAT NEED TO BE OVERCOME • POOR POLITICAL BUY IN THAT IS NOT BACKED BY ALLOCATION OF RESOURCES • POOR KNOWLEDGE AND COMMITMENT OF SENIOR CIVIL SERVANTS TO THE OBJECTIVES OF INCLUSION AND DISABILITY MAINSTREAMING. • GOVERNMENTS SHOULD AVOID HAVING POLICIES WITHOUT BUDGETS

38. OTHER CONSTRAINTS • GENERAL LACK OF CAPACITY WITHIN GOVERNMENTS AND CIVIL SOCIETY ORGANISATIONS TO DESIGN AND IMPLEMENTATION DISABILITY POLICIES AND STRATEGIES • NEGATIVE ATTITUDES TOWARDS DISABILITY • WARS, CONFLICTS

39. ROLE OF THE SECRETARIAT IN INCLUSION • The Secretariat of the African Decade of Persons with Disabilities (SADPD) is a technical agency established initially to facilitate the implementation of the AU continental plan of action for persons with disabilities and now also the UN Convention on the Rights for Persons with Disabilities in Africa.

40. VISION An African continent where people with disabilities enjoy their human rights

41. MISSION An African knowledge-based organisation that works in partnership with the AU, African Governments, CSOs and DPOs to promote inclusive development and human rights for people with disabilities

42. ROLE OF SADPD • Catalytic-in the sense that it facilitates planning, skills development and coordination at country level in order to achieve a critical mass of expertise/support in the disability programming processes • A technical agency that promotes guidance and tools for disability mainstreaming and capacity building • A network that mobilises political support at all levels, with the ability and resources to influence cross-border political decisions • A reservoir of information and best practice

43. DEVELOPMENT COOPERATION • Facilitate country-level demand for disability mainstreaming • Facilitate access to bi-tri-lateral cooperation that unlocks resources for the disability sector • Facilitating the establishment of resourcing mechanisms to support disability programmes at continental, regional and national levels

44. Three overarching principles • Disability: and people with disabilities are central to the organisation • Development: the Secretariat advocates for inclusion of disability and people with disabilities into development plans & programmes • Human rights: people with disabilities have the same rights as others-based on established UN Principles

45. OPPORTUNITIES • A NEW DECADE 2010 TO 2019 • OBSERVER STATUS WITH AU COMMISSION FOR HUMAN AND PEOPLE’S RIGHTS • UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES • THE PROPOSED AU PROTOCOL • UN SPECIAL RAPPORTEUR

46. CONTACT US • Block 5A, Sanwood Office Park, 379 Queens Crescent, Lynwood, Pretoria, 0081, South Africa. •  Postal Address: P. O. Box 1201, Menlyn Centre • 0077, Pretoria, South Africa • Kudakwashe Dube, Chief Executive Officer • akdube@africandecade.co.za • Cell phone: +27(0)798720325 • Faxmail: +27(0) 866896242

47. THANK YOU