Human Rights Africa: About this newsletter

This newsletter can also be downloaded as PDF document (please click here) Human Rights Africa No. 1 2008(PDF)

Welcome to the first issue of human rights africa 2008, a newsletter from the Secretariat of the African Decade of Persons with Disabilities. Articles in this newsletter focus on rights of persons with disabilities with an African perspective. The articles acknowledge efforts by CSOs, DPOs and NGOs in mainstreaming the rights of persons with disabilities. SADPD activities in the last quarter are also highlighted. The circumstances and needs of persons with disability are related to draw attention to governments and other policy makers on the need to integrate disability at all levels. The newsletter also explores the role of NGO networks working for persons with disabilities in Africa. It offers guidelines on streamlining disability.

EDITORIAL

In this first issue of Human Rights Africa this year, we will focus on the infringements of rights of people with disabilities. We will look at these rights in relation to the UN  convention on the Rights of Persons' with disabilities which came into force in May 2008. Among persons with disabilities, albinism is probably one of the most misunderstood and more so in the African context. Superstitions and fear of being associated with albinism has caused deaths contravening the rights to life. This issue has in detail the rights of disabled persons as stipulated in the United Nations Conventions on the Rights of Persons with Disabilities. It looks at the significance of the convention coming into force and its ratification by governments. So far eight African countries have ratified the convention. These include South Africa, Kenya, Namibia, Gabon, Egypt, Guinea, Tunisia and Mali. By 23 June 27 ratifications of the Convention had been made worldwide.

This newsletter is published by: -

The Secretariat of the African Decade of Persons with Disabilities,

The Pinnacle, 8 Burg Street, Cape Town 8000, South Africa. 

© 2008. EDITOR Jane Mwangi. publisher A K Dube.

Contact: Jane@africandecade.co.za. Next Issue September 2008.

KILLING OF PERSONS WITH ALBINISM: A CRISIS IN EAST AFRICA

Racial killing of Albinos in Africa has become a growing concern and more attention to their right to life and as persons with disability should be addressed.  In the recent few months, killing of persons with albinism has become rampant in East Africa.
 
In the most recent killing, on 27th May 2008, the remains of a mutilated albino woman with missing organs was found dumped in Western Kenya’s Borabu district.

Earlier in the year another body of an albino was found with missing organs in Tanzania. Tanzanian president Jakaya Kikwete called for the manhunt of witch doctors believed to be behind murders in the country. In East Africa, it is believed people with albinism have magical powers.

The president also made provisions available so that all albinos in Tanzania could be registered to increase their security. DPOs, NGOs and other civil society groups in the East African region have launched campaigns to address the issue.
Neither the general public nor those with the condition agree about whether to identify albinism as a disability. This makes it difficult for those with albinism to identify themselves as a group.
           However, social attitudes towards albinism are often similar to those experienced by other disability and minority groups. These attitudes include a lack of understanding, fear of the unknown and prejudice based on appearance.
          In Africa, albinism manifests itself as a dramatic contrast from other family members and the community. Many suffer ridiculous comments on their appearance. Beyond colour, the eyes may be moving rapidly and not focusing together. This brings about a feeling of isolation.
        A recent Pan African workshop for persons with albinism held in Tanzania on 7th may 2008 expressed concern that persons with albinism in Africa experienced prejudice, social exclusion and human rights violations in their societies.
       The workshop sponsored by the Secretariat of African Decade of persons with disabilities brought together participants with albinism from Botswana, Ghana, Kenya, Malawi, Senegal, South Africa, Tanzania and Zanzibar.
       They called on African states to recognise promote and protect all fundamental human rights of persons with albinism by putting in place policy and legislative safeguards.
         During the forum, a regional body was formed. The body to be known as Pan African Albinism Association will be charged with the responsibility of responding to incidences of violence perpetrated against persons with albinism.

Other resolutions the founder members came up with include: -
Ask African states to ratify and implement the UN Convention on the rights of Persons with Disability and its Optional Protocol.

To form a representative continental body that advocates, promotes and addresses particular concerns especially the rights of persons with albinism in Africa.

States Authorities to investigate and prosecute all cases of human rights violations and abuse of persons with albinism in Africa.

States Authorities shall investigate and prosecute all cases of human rights violations and abuse of persons with albinism especially gender based violence and ritual killings.

Governments to put in place plans and policies that address discrimination against persons with albinism by ensuring effective, equitable, inclusion and participation at all levels of decision-making processes.

States to promote equal provision of services especially on the areas of health, education, employment and access to justice for all persons with albinism who suffer and are victims of exclusion and human rights violations.

All African states shall Adopt Albinism as a cross cutting issue that should be mainstreamed in national policies and plans.

Coping with Albinism

Lack of knowledge, curiosity and the death sentence by negative elements in society pose a challenge to persons living with albinism.

Some people tease to get to know a person better or to express affection. This kind of teasing usually isn't hurtful. However, if the person being teased doesn't have a positive self-image and isn’t comfortable with albinism, affectionate teasing can hurt.

A person with albinism must learn to develop a positive self image and a positive attitude towards albinism. Parents too can help their children deal with the hurtful comments by encouraging them to share their experiences and their feelings about them.

Teachers are encouraged to talk about albinism in class to reduce teasing. They should teach children that hurtful behaviour towards people with any sort of difference is a form of discrimination. Children must be made to learn to live with people who look different.

A series of lessons on disability can provide information on albinism in the context of disabilities and other differences. Sharing among people living with albinism can also be a helpful tool.

Being involved with others like you is a sure way to decrease isolation and share knowledge and experience of a group. It is also important to be on the look out for suspicious characters who may want to kill. Report to police immediately

Avoid lonely paths while alone. Always try to be where people are or be accompanied at all times, if living in Africa.

UNCRPD Comes into Force

When the UNCRPD came into force on 3rd May 2008, Persons with disability celebrated. The NGOs, DPOs and other civil society groups advocating for the rights of disabled persons were also happy that their hard work had finally been recognised. As of 23 June 2008, there are 27 ratifications of the Convention and 16 ratifications of the Optional Protocol. There are 129 signatories to the convention and 71 signatories to optional protocol. What is of significance now is implementation of the provisions of the convention by all governments. By. Jane Mwangi.
                    
                     The UNCRPD is the first human rights treaty solely for persons with disabilities, prohibiting discrimination in all areas of life and guaranteeing legal capacity, liberty, respect for physical and mental integrity, the right to live in the community, inclusion and equal opportunities for all. It spells out in detail the rights of persons with disabilities under international law.

                      Over the years, there has been ongoing discrimination against persons with disabilities. In Africa, disability has been seen as a curse. When born into families of poor socio-economic backgrounds, disabled children grow up believing that their disability are an economic and social curse and burden to their families. The mothers experience double discrimination for giving birth to a disabled child and for being women.

                        Increased awareness on disability has led to a shift from a medical model to a rights based approach. A rights based approach views persons with disabilities as holders of rights. Its final aim is to empower persons with disabilities and to ensure their active participation in political, economic, social and cultural life in a respectful way. Now that UNCRPD has come to force, the treaty will only become national law in the countries which have ratified the convention.

A convention is another word for treaty which is an international legal agreement between countries or international organizations to create or limit rights and responsibilities. A committee of experts will monitor the implementation of the UNCRPD. When ratifying, a country may make a reservation or a declaration.

                             A reservation is a legal statement made by a country which accepts a treaty, but does not want to apply certain aspects of the treaty. Reservations cannot go against the purpose of the treaty. Declaration is a way for a state to clarify its understanding of a certain provision in the treaty. It does not change the legal significance of the treaty.
                             According to UNCRPD, a person with disability includes those who have long term physical, mental, intellectual or sensory impairments which hinder their full and effective participation in society on an equal basis with others. It notes that most people will experience a disability at sometime in their life and that some are born with a disability.
                               Over 350 NGOs and DPOs participated in the negotiations that took five years. It is hoped that these organisations will now collaborate with governments and other service providers to turn plans into actions. The Secretariat of African Decade of Persons with Disabilities (SADPD) is programmed around the UNCRPD and its aim is to ensure that all African countries ratify and adopt laws to suit the UN convention
                               Implementation involves; adopting broad national laws to fulfil legal obligations, develop action plans and policies, train relevant actors and raise awareness of the convention.

How can I as an individual promote the convention on the rights of persons with disabilities?

You can write letters, arrange meetings and contact government officials, parliamentarians and other policy makers at the local and national levels to encourage your government to sign, ratify and implement the convention and optional protocol.

You can also go to the community and spread awareness and promote implementation of the convention. Coordinate or participate in campaigns such as disability awareness. Ensure that your workplace is accessible to persons with all types of disabilities.

What rights are captured in the Convention?

Civil & Political

 Freedom from exploitation
 Right to participation in public life
 Protection of the integrity of the person
 Liberty of movement and nationality
 Respect for privacy
 Right to life
 Freedom from torture
 liberty and the security of the person
 Equal protection before the law

Economic, Social, Cultural

 Right to education
 Right to work
 Right to health
 Right to participate in cultural life
 Right to live in the community
 Right to an adequate standard of living
 Respect for home and the family

African Governments Act

Economic and social exclusion of people with disabilities in Africa is alarming. Most of them are confined to streets in major African cities where they are seen begging. What is worrying is that those in authority don’t seem to pay attention to their plight and dismiss them as minority groups. By Thomas Ongolo

                   With their recognition in the international arena, through  the coming into force of the UNCRPD, these disturbing scenario we hope will change and more people with disabilities will get absorbed into the job market.

                  National Decade country status reports from various countries disseminated at a workshop organised by the Secretariat of African Decade of people with disabilities held in Nairobi on 7-9 July 2008 indicate hope.  African governments have agreed to respond to the needs of people with disabilities.  These gives hope to millions in Africa who are impoverished by disability. Among the reports delivered, Ethiopia was the only country with a worrying trend. It reported that people with disabilities in Ethiopia were losing their jobs in large numbers. This is unacceptable.

                  The National Decade Steering Committee (DSC) serves as focal point for the African Decade for Persons with Disabilities to facilitate the evolution of a comprehensive national approach directed at improving the status and the quality of life of persons with disabilities in Africa. The achievement of full participation and equality of people with disabilities requires the active collaboration of diverse government agencies and Non Governmental Organisations (NGOs).

                  Structures such as the Inter-departmental Collaboration Committee on Disability (IDCC) can play a vital role in promoting such collaboration. They can serve as national focal points on disability matters and facilitate collaboration among diverse government departments, agencies, and NGOs to produce comprehensive national responses to the changing needs of people with disabilities

Below is a summary of the reports presented.

Rwanda
The country reported that the Rwandese government recognized disability as a crucial sector in national cohesion. The Rwandan model is that of having a special budget for disability. The delegates were however against the issue of disability being part of vulnerable groups. By. Barikana Eugene and Mushimiyimana Gaudence

Uganda
It was reported that the disability movement in Uganda was stronger thanks to political goodwill. Disability is well represented in the legislative and executive arms of government. By. Jackson Mirembe-Department of Disability and Elderly Ministry of Gender.

Kenya
The Kenya disability movement had received tremendous support from the government following the enactment of Persons with disabilities Act 2003. The Act led to the formation of the National Council for Persons with Disabilities whose main role is  to advice government on the needs of person’s with disabilities and to provide, promote and coordinate disability services countrywide.  Kenya has ratified the UN Convention, and is piloting a project on Social protection and family support; a project aimed at giving grants and incentives to vulnerable groups. By. Velima Mbati – Coordinator African Decade Secretariat (Kenya)

Tanzania
The Tanzanian delegation reported that Disability had received immense support from the government and other development partners. They reported that the Tanzania Parliament has set up a committee to deal with social issues including PWD matters. Disability had been   mainstreamed in a number of ministries and policies By. Josephine Lyiengi and Mr. Kondo Sief

Mozambique
Mozambique through the Ministry of Woman and Social welfare coordinates all disability activities. Disability is also mainstreamed in all policy formulation bodies with the Mozambican parliament taking a leading role in giving persons with disability an opportunity to vie for political seats. The participants were in agreement that a lot of preparation must be done before approaching any donors or government. There was a general feeling that DPO’S normally nock to open and once the doors open they fail to defend their quest for funding.

Mozambique also reported that the Mozambican PRSP programme allocated funds from the National budget to the Ministry of Woman and Social Welfare. By. Mr. Iguel Mausse, National Director Ministry of Women and Social Action.

Ethiopia
The Ethiopian delegation was concerned at the rate at which persons with disabilities were loosing jobs in the country and sought advice on the process of prosecution of employers who violet labor laws protecting persons with disabilities. The delegates agreed in principle that the Burden of prove lies on the complainant in all  industrial proceedings and that it was the responsibility of a disabled person to institute proceedings against his/her employer on matters relating to employment  payment, promotion and sacking. By. Mr. Assefa Ashego – Ministry of Labour and Social Action and leader.

                               The development of mainstreaming, social / medical models, community care and civil rights has raised a number of important issues concerning the control and direction of disability policy and practice, particularly the manner in which resources are distributed (Davis, 1998:1).

                              Mainstreaming is a strategy for making people with disabilities’ 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 people with disabilities benefit equally and inequality is not perpetuated. The ultimate goal is to achieve disability equality. (Albert et al, 2005:10).
                                   According to Albert et al, (2005:11),  mainstreaming should be seen not as an end in itself but as a strategy for building a human rights approach into development cooperation which is not just about inclusion, but the precise nature of that inclusion. It is absolutely essential that the broader, more radical goals of disability mainstreaming, that is self-empowerment; self-determination and equality are not soft peddled. Disability mainstreaming does not preclude disabled-persons only projects
It shifts their focus from disabled people as a target group, to disability equality as a goal. It supports disabled-persons only projects that are designed as strategic interventions to address aspects of disability inequality and promote greater equality.

                              Albert further states that mainstreaming in development cooperation is an intricate process that takes place across a number of distinct but interlinked realms of activity.  To make sense of this and provide a practical guide to implementation, it is useful to disaggregate the various realms and consider what specific strategies or interventions are appropriate for each one. Such an approach has been suggested by the Swedish International Development Agency.
                            As elaborated below, the three interconnected spheres in which mainstreaming takes place are:  at the level of the agency/government itself with respect to its culture, policies and practices within the agency’s/government’s programmes within the output, following through – making good – with the promise of improving equality. In exploring areas for disability mainstreaming and the academic/ other debates around the topic of implementation of policies and legislation, a number of possible actions at the organizational level were studied. These included, for example, Development of disability policy and/or strategy; Clear allocation of roles and responsibilities; Capacity to promote and monitor disability policy;   Human resource practices that create a disability-friendly and accessible environment; Consultation with person with disabilities and their organizations; approaches to capture shared learning and good practice; and Appropriate resource allocation (Albert & Miller, 2005:15).

                          Other commentators and writers have drawn parallels with work on gender mainstreaming where, despite the adoption of policies, strategies and programmes, the immense political weight applied to make gender a cross-cutting issue and the apparent acceptance of this by almost every development agency, the outcomes have not lived up to expectations (Albert & Miller, 2005:30).

West African media warm up to people with disabilities

Very often the media is accused of ignoring people with disabilities. It is seen as not highlighting their needs through its programmes. The argument is that media is a powerful tool that can influence those in authority to address issues like offering transport that is inclusive and accommodative to the various forms of disability. By Aida Sarr

                      The reality is that journalists as professional communicators are in a unique position to shape the public image on persons with disabilities. The words and images they use can create balanced views or insensitive portrayal that reinforces common myths and promote discrimination that relegates persons with disabilities to second class citizens.

                     In this respect, the Secretariat of African Decade of People with Disabilities (SADPD) has engaged in an aggressive campaign targeting the media in Africa, seeking total support and considerations to the plight of persons with disabilities. The secretariat hopes to promote recognition and respect for the human rights of persons with disabilities and make their contributions and concerns more visible in the media and society. However these concerns and contributions should not only focus on their disabilities but rather on their opinions on various topical issues.

                   The secretariat envisages positive media coverage on persons with disabilities. The trends have been items depicting either pity or astonishment for achieving something extraordinary “in spite “of the disability. Positive coverage will encourage mainstreaming of persons with disabilities in all sectors of society. An SADPD sponsored media workshop held in Dakar, Senegal early this year has seen a new crop of journalist totally committed to issues and concerns of persons with disabilities. A nascent network of journalists from West, Central and North Africa was formed. The network is comprised of Senegal, Gambia, Mali, Mauritania, Cote d’Ivoire, Guinea Conakry, Liberia, Togo, Ghana, Cameroon, Sierra Leone and Burundi.

The journalists came up with a declaration to: -

• To respect the use of correct and respectful terminology and appropriate and accessible communication tools when reporting in general and specifically on issues faced by Persons with Disabilities.

• To use SADPD platforms to advocate for the rights of and respect for Persons with Disabilities.

• To establish a network that will enhance and coordinate media advocacy efforts for the rights of Persons with Disabilities.

• To promote the exchange of disability information and expertise between countries.

Orphaned and Vulnerable; Are children with Disability Covered in the Clause?

Very often we relate Orphaned and Vulnerable children to children who have found themselves in their vulnerable circumstances due to HIV/AIDs or poverty. Disability comes second. This commonly used phrase has in some instances been seen as non inclusive of children with disabilities. By Jane Mwangi

In an attempt to give weight to disability in the children sector, Hlanganani Children Care Network, a South African national NGO launched a platform to streamline disability among OVC agencies operating at grass root level in South Africa.
Hlanganani which is comprised of representatives of regional OVC networks hosted a national workshop in Limpopo this month and came up with FGDs to discuss how well children with disabilities can be brought on board, while working with OVCs.

The network is divided into four regions. West (Western province, North Province), Middle (Gauteng, Northwest, Freestate), North (Mpumalanga, Limpopo) and South (Eastern Cape, KZN). The four regions are open to any OVC organization, working in South Africa.

With the United Nations Convention on the Rights of Persons with Disabilities coming into force, the timing by the network could not be far from right. Too much money has been allocated to HIV/AIDS and very little on children with disabilities.
Excuses made are that their needs are too demanding and expensive with most OVC organizations preferring referrals to organizations dealing with disabled children. Carine Munting the Regional Aids initiative of Southern Africa (RAISA) Country Coordinator takes note of the dare need to integrate more children with disability in OVC programmes.

Although the HIV/AIDs pandemic has ravaged families, the disabled children also need as much attention as the orphans” Carine notes. Under OVC programmes, children have benefitted through provisions of school uniforms, free medical care for those who have HIV and life skills. However, when it comes to children with disabilities who are clustered under ‘vulnerable children’ very few have felt the impact of these services out of special schools.

In most circumstances in Africa, children with disabilities cannot afford the special schools and are hidden at home. Initiatives like those of HLANGAANANI will definitely help reach more children with disabilities.

Caring for children with disabilities can be a challenging task. However, with the right attitude and funds, more children can be assisted. What we need are bold children organizations that are not afraid to taking up challenges.
Disabled children may be a minority but their issues must not be ignored for simpler option. More funding should be channeled to the existing special care centres and more be built.

Concentration of funding for programmes dealing with just orphaned, without taking into consideration the disabled who are clustered under ‘vulnerable’ is not justifiable. Donors must demand clear guidelines on how disability is dealt with under OVC programmes.

Most OVC organizations concentrate their intervention on orphans as compared to children with disabilities. Disability is seen as complex and is left to ‘specialists’.
From time to time, explanations given for non existence of programmes for the disabled in most OVC organisations indicate that children with disabilities have been referred to special institutions. 
There is a definite need for advocacy here. A major gap exists as far as children with disabilities are concerned. More action is needed rather than just concern.

SADPD activities in the last quarter

Youth Trained in Senegal

Participants of a youth workshop held in May 2008 in Senegal pledged to aggressively advocate for the rights of children and youth with disabilities.
The workshop organized by SADPD facilitated the development of the vision, mission and purpose of the Decade Youth Committee. Eighteen youths from the region participated. It was a follow up workshop to another held in the same country in December 2007.
They said it was important to build youth capacity to claim their rights, through dissemination and establishment of networks.
Newsupdate June, 2008

Training of Trainers workshop Held

A training of trainer’s workshop was held on 21-25 January 2008 in Johannesburg. The training was a follow up to the Capacity building of Southern Disabled People’s Organizations (SDPO) held in June 2007.

A key objective of the training was to appeal to participants to make fruitful contribution to poverty reduction programmes and specifically to decrease the poverty of disabled people in line with the MDGs.

The training was expected to offer participants a clear understanding of what Capacity Building meant for SDPOs and give an evidence base of SDPO needs and priorities and increase skills, knowledge and understanding
Newsupdate May,  2008

Secretariat Calls for Ratification of   UNCRPD
 
The secretariat of African Decade of Persons with disabilities has called on African countries to take a leading role in ratification of the UNCRPD.
The secretariat is programmed around the UNCRPD and its aim is to ensure that all African countries ratify and adopt laws to suit the UN convention.
It specifically calls on DPOs and other CSOs to lobby and advocate for the ratification of UNCRPD by their governments.
Registered CSOs advocating for the rights of persons with disabilities can contact the secretariat for resource materials.
Newsupdate May, 2008

Women's Workshop
The Secretariat of the African Decade of Persons with Disabilities held a three-day workshop for women managers with disabilities in Senegal. The workshop brought together women with different disabilities from the 9 Regions of Senegal. It was held on 28-30 April 2008.

The workshop was a follow-up to the session held in December 2007 that highlighted the gaps in skills of women with disabilities who are in leadership positions in the country. Some of the key areas needing follow-up identified during the December session included, Additional leadership skills training, Fundraising, awareness raising, advocacy and lobbying, reproductive health issue, research
Monitoring and evaluation

Newsupdate May, 2008

Newspaper articles on disability, human rights and development in brief

Kenya Government fail UN Commission
The UN Commission on Human Rights has accused the Kenya government of failing to respond to a letter seeking an explanation on human rights violations which occurred between December 2007 and March 2008.
The report submitted to the Human Rights council accuses the government of failing to respond to a request by the organization to send a fact-finding mission to Kenya on “extra judicial executions”.
It is believed that part of the explanation sought from Kenya government is on violence that erupted after the disputed elections.
A victim of the killings was a Paraplegic mother of two teenage twins burned alive in a church.
Daily nation (Kenya),5th May 2008

HIV/AIDS: Soldiers ravaged
HIV/AIDS has taken its toll once more on Ugandan soldiers. The commander of the land forces, Gen. Katumba Wamala, says treatment of HIV-positive soldiers, burial and payment of terminal benefits was too costly for the institution.

Peace keeping missions abroad have been reported to be a factor in the high preference rate among the soldiers. Lt. Col. Alain Azondekon from Benin, where 2,500 of its forces are sent to peace keeping mission annually said up to 90 percent of those who returned tested positive.

Uganda has peace keeping missions in Somali, Liberia and Darfur.
The New Vision (Uganda), June 5, 2008

Namibian Government criticized
Namibian government was this month criticised for failing to address disability issues in the country.

The Country’s chairperson of the national federation of people with disabilities Martin Tjivera said that not much had been done for persons with disabilities in the country. The remarks were made during the country’s national disability day marked in June, each year.

“Policies and programmes meant to address the needs and aspirations of the people with disabilities in Namibia are still falling short, resulting in people with disabilities not getting intended benefits.
New Era newspaper, June 11, 2008

Lead poisoning in Senegal
The World Health Organisation has appealed to Senegal to decontaminate a poor area of Dakar after 18 children died of lead poisoning.
NGagne Diaw quarter of Thiaroye sur Mer, the area said to be contaminated is used for recycling lead batteries.
Investigations by international health experts say many children in the area are showing evidence of neurological damage. The deaths were reported to have occurred between October 2007 and February this year.
Communities living in NGagne Diaw are said to make a living out of battery recycling.
Reuters.