NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES Guidelines for Implementing the Performance Indicator on Mainstream

1. NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES Guidelines for Implementing the Performance Indicator on Mainstreaming Disability PRESENTED BY J. W. NGUMBA, MHRM 19th AUGUST, 2011

2. THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES The National Council for Persons with Disabilities (NCPWD) is a semi-autonomous government agency in charge of ensuring the implementation of the provisions of the Persons with Disabilities Act of 2003. Also known as the PWD Act, this Act of Parliament is aimed at providing for the rights and rehabilitation of and achieving equalization of opportunities for persons with disabilities.

3. The Council, which is under the Ministry of Gender, Children and Social Development, currently consists of a 22-member board of directors and a secretariat. The board, whose members represent organizations of and for persons with disabilities, government ministries, the Office of the Attorney General, the Federation of Kenya Employers, and the Central Organization of Trade Unions, is in charge of policy formulation, direction, and monitoring of the operations of the Council. The secretariat, on the other hand, is tasked with managing the Council�s day-to-day activities.

4. The organization is guided by its vision of a vibrant agency promoting disability mainstreaming in national development, its mission to mainstream disability issues in all aspects of socio-cultural, economic and political development, and its values of commitment,

5. team spirit, credibility, integrity, positive diversity, inclusivity, fairness and equity, and stakeholders focus.

6. Likewise, it is committed to carry out its functions in ways that best serve the interest of persons with disabilities. These functions include

7. formulating and developing measures and policies designed to achieve equal opportunities for persons with disabilities, cooperating with the government during the national census to ensure that accurate figures of persons with disabilities are obtained, issuing orders that require the adjustment of buildings that are unfriendly for use by persons with disabilities,

8. recommending measures to prevent discrimination against persons with disabilities, encouraging and securing the rehabilitation of persons with disabilities within their own communities and social environment, registering persons with disabilities and institutions and organizations giving services to persons with disabilities, and raising public awareness regarding persons with disabilities.

9. DISABILITY MAINSTREAMING: A BANNER PROGRAM OF NCPWD

10. WHAT IS DISABILITY MAINSTREAMING? At present, there is still no officially accepted definition of disability mainstreaming. Efforts have been made, however, by some organizations to give meaning to this concept. � The definition below is from the Disability Knowledge and Research paper titled �Mainstreaming disability in development: lessons from gender mainstreaming.�

11. Mainstreaming disability into development cooperation is the process of assessing the implications for persons with disabilities (PWDs) of any planned action, including legislation, policies and programmes, in all areas and at all levels. It is a strategy for making PWDs� concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that PWDs benefit equally and inequality is not perpetuated. The ultimate goal is to achieve disability equality.

12. The VSO Handbook on Mainstreaming Disability also presents a more or less similar definition, albeit a very brief one. In disability, mainstreaming is a method to promote inclusion and to address the barriers that exclude PWDs from full and equal participation in society.

13. �WHY IS THERE A NEED FOR DISABILITY MAINSTREAMING? � �Mainstreaming is essentially a question of rights. Everyone, including every PWD, has the same fundamental human rights, such as the right to life, to information, to freedom of movement, to education, to family life, to decent work and to a voice in decisions that affect them.�  �VSO HANDBOOK ON MAINSTREAMING DISABILITY

14. The following notes, adopted from �Mainstreaming disability in the development agenda,� a topic for discussion under �Emerging issues� during the forty-sixth session of the Commission for Social Development, point out the importance of mainstreaming disability in the development agenda.

15. 1. There are approximately 650 million persons with disabilities in the world, or 10 per cent of the global population. An estimated 80 percent of these persons live in developing countries, many in conditions of poverty. In both developed and developing countries, evidence suggests that persons with disabilities are disproportionately represented among the world�s poor and tend to be poorer than their counterparts without disabilities. It is estimated that of the world�s poorest people, meaning those who live on less than one dollar a day and who lack access to basic necessities such as food, clean water, clothing and shelter, one in five is a person with disability.

16. Given that persons with disabilities represent such a significant portion of the population, and are more likely to live in poverty than their peers without disabilities, ensuring that they are integrated into all development activities is essential in order to achieve international development goals.

17. 2. There is a strong bidirectional link between poverty and disability. Poverty may cause disability through malnutrition, poor health care, and dangerous living conditions. Case studies in developing countries show that higher disability rates are associated with higher rates of illiteracy, poor nutritional status, lower immunization coverage, lower birth weight, higher rates of un-employment and underemployment, and lower occupational mobility.

18. Disability can cause poverty by preventing the full participation of persons with disabilities in the economic and social life of their communities, especially if the appropriate supports and accommodations are not available.

19. 3. The United Nations Educational, Scientific and Cultural Organization estimates that 98 percent of children with disabilities in developing countries do not attend school. Women disabilities experience double discrimination as women and as persons with disabilities. Children with disabilities in poor developing countries often have little to no access to health care. Many maternal health facilities around the world lack staff with knowledge of providing care to pregnant women with disabilities, and information on the topic is scarce.

20. Effective strategies to combat diseases such as HIV/AIDS and malaria include the provision of health education, prevention and promotion; however, this information is often not available in formats accessible to persons with varying types of disabilities. Issues of environmental sustainability are particularly relevant to persons with disabilities who may have less capacity to adapt to environmental changes in their surroundings. Persons with disabilities continue to be largely absent from international development efforts, and there is an urgent need for existing and future partnerships for development to include them in all activities.

21. 4. The high numbers of persons with disabilities who are disproportionately represented among the world�s most marginalized groups have a profound significance with respect to the achievement of the Millennium Development Goals, which thus far seems to have gone largely unnoticed in the international discourse on the Goals. The Millennium Development Goals, in fact, cannot be achieved if persons with disabilities are not included in these efforts.

22. 5. Given the wide scope of contexts, actors and activities required to fully include persons with disabilities in the development agenda, it may be helpful to consider the process in the light of the �no-gap policy.� The no-gap policy is a concept which illustrates that no entity, whether it be part of the United Nations system, a Government ministry or a non-governmental organization (NGO), can achieve the goal of equality for persons with disabilities on its own. Rather, an interconnected network of actors is required to reach this goal.

23. For example, in order for a person with disabilities using a wheelchair to access decent work, the person needs to be able to physically move in and out of his or her home; needs to be able to access the public space and transportation; and needs to be able to access the work facilities, in terms of both the built environment and its information and communications systems. Different entities need to ensure that their respective spheres of responsibility provide the necessary opportunities and access to persons with disabilities, on an equal basis with others.

24. If any one element of the network fails in this obligation, persons are not able to reap the benefit from the other elements. In order for them to be integrated and included in the development agenda, a comprehensive and holistic approach is required, demonstrating why a mainstreaming strategy is useful and necessary.

25. 6. �The promotion of decent work is one of the key factors in ensuring that persons with disabilities benefit from development on an equal basis with others, and are included in guiding and implementing the development agenda. Studies have shown that in developing countries, 80-90 percent of persons with disabilities of working age are unemployed, whereas in industrialized countries, the figure is between 50 and 70 percent. Access to education and training, access to microcredit schemes and entrepreneurial opportunities,

26. inclusive and non-discriminatory human resources policies, reasonable accommodation in the workplace, and anti-discrimination legislation are some of the key factors that contribute to the creation of equal opportunities in the open job market for persons with disabilities. Employers often resist employing persons with disabilities because they believe persons with disabilities will be unable to fully perform their tasks and responsibilities and will raise labour costs. However, evidence shows that persons with disabilities have high performance ratings and retention rates, as well as better attendance records than their colleagues without disabilities.

27. Above all the given reasons, however, mainstreaming disability is important as persons with disabilities are entitled to the same rights as everyone else. They have the right to participate in all levels and every aspect of the society on an equal basis with others. Their discrimination and exclusion are downright violations of their human rights.

28. GUIDELINES ON DISABILITY MAINSTREAMING NCPWD has come up with the following guidelines on disability mainstreaming to assist public organizations and state corporations in implementing the performance indication on mainstreaming disability concerns.

29. I. Formulation of a Disability Mainstreaming Strategy This strategy should include the following. 1. Carrying out a baseline survey on a. accessibility of buildings and surroundings, services, facilities, and information among others for persons with disabilities in a public organization

30. b. the number of persons with disabilities employed in a public organization 2. Putting in place an internal disability policy in order to: a. ensure all new buildings and infrastructure commissioned by a public organization are disability-friendly and involve persons with disabilities in their planning

31. b. ensure equal access to services, including but not limited to information, health services, education, poverty eradication programs, food aid, devolved funds, and cash transfer for persons with disabilities c. remove barriers to employment and promotion of persons with disabilities d. Set aside funds to ensure effective disability mainstreaming within the organization.

32. 3. Formulating a system to gather gender-disaggregated information on the number of persons with disabilities served by a public organization and the types of services provided

33. II. Setting-up of a Disability Mainstreaming Committee A. The committee should consist of the following. A senior officer who should act as chair of the committee.

34. 2. The head of the human resources. His or her involvement will ensure that the organization is able to secure at least 5% of all employment for persons with disabilities and that persons with disabilities have equal access to services and opportunities for professional growth provided by the organization

35. 3. The head of procurement. His or her involvement will ensure that the facilities in the organization are accessible to persons with disabilities and that persons with disabilities are involved in the planning of new buildings and infrastructure and are also given opportunity to supply goods and services.

36. 4. At least 30% representation by persons with disabilities, if there are persons with disabilities employed in the organization or in its regional, provincial, and district levels. B. It should appoint a disability mainstreaming focal person who should act as its secretary and liaison officer with NCPWD and other stakeholders. C. The committee should meet at least quarterly.

37. III. Training of all staff in disability awareness and provision of services to Persons with Disabilities A. Training of all staff in public organizations should include sensitization on the following. 1. The rights of persons with disabilities as contained in the Persons with Disabilities Act of 2003 and the UN Convention on the Rights of Persons with Disabilities

38. 2. Various disability concerns, such as employment; provision of equipment and human support to persons with disabilities employed in an organization; involvement of persons with disabilities in planning and programs, particularly the pro-poor programs of the government; and accessibility of public buildings, transportation, facilities, and services for persons with disabilities among others

39. B. Training of all ministerial tender committees should also be conducted to ensure that all upcoming structures are disability-friendly.

40. IV. Submission of a quarterly report to NCPWD The report should highlight the progress made by the organization on the objectives outlined in its Disability Mainstreaming Strategy.

41. It should be submitted in the following format: