DISABILITY FRAMEWORK FOR LOCAL GOVERNMENT

1. DISABILITY FRAMEWORK FOR LOCAL GOVERNMENT ACSA Disability Conference 6 – 7 October, 2011

2. Question What is the key factor that is preventing people with disabilities from experiencing real change in the development of towns, rural and under- developed areas?

3. BACKGROUND (Legislative Framework) LG has been mandated with legislative & regulatory jurisdiction regarding roles & responsibilities through) • Chapter 7 of the Constitution of the RSA, 1996 • White paper on LG, 1998 • LG Municipal Structures Act, 17 of 1998 • LG Municipal Systems Act , 32 of 2000

4. BACKGROUND (Legislative Framework) The White Paper on Local Government (1998) • Identifies the need for municipalities to ensure that all citizens, regardless of race, gender or sexual orientation have access to at least a minimum level of services (Municipalities expected to ensure that people with disabilities are able to access municipal services and amenities)

5. BACKGROUND (Legislative Framework) The Municipal Systems Act (2000) contains the requirement for municipalities to take into account the special needs of women and people with disabilities, as well as other disadvantaged groups. It also indicates that community members have the right to the use and enjoyment of public facilities and the right to have access to basic services that municipalities provide

6. DISABILITY FRAMEWORK FOR LG OVERALL OBJECTIVE: • To ensure that disability issues are mainstreamed in all policies, plans, programmes and activities of local government and thus significantly helping to enhance the quality of life, full participation and empowerment of men, women, youth, the elderly and children with disabilities in all spheres of life

7. RATIONALE To set guidelines in order for National and Provincial Departments of Local Government , Municipalities and other role players to: • Address the needs of different categories of people with disabilities (equity and equality principle) • Take into account the interests and needs of PWD through provision of accessibleand equitable services • Foster and create an environment that is free of barriers – to maximise access to basic services by PWD • Promote & protect the rights of PWD and empower them to live independent lives • Provide PWD with development opportunities and appropriate resources for training

8. SALGA Survey 2010 survey on municipal responses to various equity considerations undertaken by GIZ-SLGP in cooperation with SALGA showed that: • 15 of 76 municipalities said they have disability policies that were externally focused on service delivery • 17 of 76 had disability policies that were internally focused on municipal officials • 1 in 6 municipalities (45 of 76) did not include disability issues as objectives with indicators and targets in their organisational and departmental scorecards • Most municipalities (58 of 76) did not have disability strategies/plans and were also not developing them

9. Survey Area: Policies

10. Survey Area: Policies

11. OVERALL SURVEY RESULTS • Municipalities dealt better with HIV & AIDS across all survey areas compared to gender equality, youth development and disability • Disability received least attention across all survey areas • Municipalities deal better with equity considerations as part of their Integrated Development Plans (IDPs) and Service Delivery and Budget Implementation Plans (SDBIPs) compared to policies and strategies/plans • Equity considerations tend to be addressed on an ad hoc basis as once-off events i.e. celebration of commemorative days

12. KEY FACTORS The exclusion experienced by people with disabilities is the result of a range of factors: • Legislative Framework / Policy Trends • Municipal Planning & Implementation • Structural Barriers • Social Attitudes

13. Policy Trends: • Legislative framework has sanctioned and reinforced exclusionary barriers • LG witnessed a trend whereby the instruments & services necessary for implementation are not within local government’s constitutional functions • Funding mechanisms inhibit the realisation of a developmental local government as LG is largely dependent on provincial government for funding in the sector (part of the unfunded mandate) • The governance framework for the mainstreaming of transversal and equity issues (gender, children, HIV & AIDS, people living with disability) have remained largely voluntary

14. Municipal Planning & Implementation Municipal planning and implementation is largely driven through Integrated Development Plans (IDPs), yet it can be noted that: • Disability is widely not seen as a mandatory component of the IDP • A number of municipalities have not developed a dedicated & direct plans to address issues of diasability • Mainstreaming of equity issues are often cross cutting and difficult to implement, monitor & evaluate.

15. Structural Barriers There are a number of barriers in the environment which prevent people with disabilities from enjoying equal opportunities with non-disabled people. Some examples include: • Structural barriers in the built environment • Inaccessible service points • Inaccessible entrances due to security systems • Poor town planning &Poor interior design • Lack of accessible transport

16. Possible “Solutions” To develop a rights based approach for local government that can give effect to enhancement of equity considerations as part & parcel of municipal structures, systems & processes, resulting in inclusion in mainstream service delivery Coherent coordination between various government departments – and not “silos” approach (to ensure that policies are properly carried out)

17. Community of Practice (CoP) on Local Government and Social Development SALGA defines a community of practice as “a network of organisations or individuals with common problems or interests, usually within a specific area of knowledge that exists to explore new ways of working, to develop solutions to problems, and to share good practice and ideas.”

18. THANK YOU!