Introduction
We commenced our discussion on this treatise six weeks ago with some definitional terms, we x-rayed the challenges encountered by disabled persons and their potentialities. We rounded off with a look at certain initiatives designed to close the gap of disability. We, however, took a break to write about some prominent personalities. So, today, we shall continue and conclude same while looking at some proposals on how persons with disability can add value to the society. Read on.
Closing the gap of disability (continues)
According to the World Health Organization’s 2011 World Disability Report, about 15 percent of Nigeria’s population, or at least 25 million people, have a disability. Many of them face a number of human rights abuses, including stigma, discrimination, violence and lack of access to healthcare, housing and education.
The Convention on the Rights of Persons with Disabilities, which was adopted in 2006 and entered into force in 2008, signalled a ‘paradigm shift’ from traditional charity-oriented, medical-based approaches to disability to one based on human rights. It offers sufficient standards of protection for the civil, cultural, economic, political and social rights of persons with disabilities on the basis of inclusion, equality and non-discrimination. It makes clear that persons with disabilities are entitled to live independently in their communities, to make their own choices and to play an active role in society. (Office of the United Nations Human Rights Commissioner: Human rights of persons with disabilities http://www.ohchr.org/EN/Issues/Disability/Pages/DisabilityIndex.aspx).
Nigeria has since signed the United Nations Convention for the Rights of Persons with Disability on 30th March, 2007, but has not yet domesticated it by enacting a law on it. The Persons with Disabilities Bill has since suffered series of legislative hiatus before the National Assembly. It is to be “An Act to Ensure Full Integration of Persons with Disabilities into the Society 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, Civil Rights.” Paul Uwadimma, in his write-up about former President Goodluck Jonathan Leaving Presidency Without Signing Disabilities Bill, wrote in the Leadership Newspaper of 15th May, 2015, where he stated as follows:
“Under the Bill, Section 1 is expected to outlaw discrimination on grounds of disability and this is in conformity with an important principle (non-discrimination) of the United Nations Convention on the Rights of Persons with Disabilities, as contained in articles 3 (b) and 5 of the UN Convention on the Rights of Persons With Disabilities (UNCRPD), which Nigeria signed and ratified the convention and its optional protocol. There is no denying the fact that persons with disabilities suffer from discrimination on a daily basis whether in employment, education, transportation, communication, information, health, housing and even social interaction where persons with disabilities are denied marriage to their loved ones because they are disabled. Most often, the person with disability is rejected on grounds of disability even though he or she merits employment; and while in employment he or she is always the last to be considered for promotion even though he or she commenced work the same time with his able-bodied counterparts. This is a travesty of justice. Persons with disabilities are denied access into several places on the ground of disability, e.g., banks and rented apartments, among others. Part three of the bill addressed one of the major problems faced by the disabled in their daily activities, which is lack of access to public places. As such, sections 3, 4 and 5 deal with the issue of accessibility to physical structures such as public premises and permission for use of accessibility aids in public buildings and the need for accessibility on roads and sidewalks. The Nigerian Constitution provides for freedom of movement, yet persons with disabilities are denied this right as a result of the hazards on our roads and sidewalks. (UNCRPD, Article 9.) Section 7 will ensure adherence to the building code where buildings are made usable and accessible to persons with disabilities, especially wheel chair users. In addition, section 12 will grant persons with disabilities, who are in vehicles, easy access to parking spaces which will be reserved for their sole use as is the case in developed countries. Parts V and VI also attest to the need for accessibility in the use of seaports, railways and air transportation. A great deal of discrimination is suffered today by persons with disabilities wishing to make use of air transportation. In keeping with international norms and standards, the bill will enable persons with disabilities to be treated with dignity and respect in air, road and sea transportation. Part VII addresses the issue of special queues and situations of emergencies for people with disabilities. In queues, especially unruly ones, persons with disabilities are usually shoved aside and in cases of risk and emergencies, it is well-known that the person with disability is always the last to be considered, since as a matter of fact, disability issues today in Nigeria are always regarded as an afterthought. (UNCRPD, Article 11). Part VIII deals with the vexed issue of the abuse of the liberty of the person with disability, where able-bodied people have taken it upon themselves to use people with disabilities as fodder for fundraising in the most ignoble ways possible. (UNCRPD, Article 14). In keeping with Article 24 of the UNCRPD, the bill recognises the need for inclusive education for persons with disabilities in Nigeria and more importantly ensures that persons with disabilities will not be unduly discriminated against in the provision of education due to the lack of appropriate equipment, while section 27 addresses the communicational needs of persons with disabilities using health facilities, especially the deaf wherein sign language interpreters will be introduced at all such health facilities. Finally, sections 28 (work and employment) and 31 (participation in politics) address the need for gainful employment for people with disabilities and the need for them to participate actively in political and public life. These are in keeping with Articles 27 on work and employment and 29 on participation in political and public life of the UNCRPD.”
This bill was passed, but not assented to, under the regime of Chief Olusegun Obasanjo. It came before President Jonathan for the second time and he also did not assent to it before leaving office. Persons with disabilities have employed various tactics to actualise the assent to this bill. They have lobbied, demonstrated and even litigated on it, to no avail. (See Joseph Onyekwere, Persons with disabilities bill and the burden of presidential assent. Published by Gaurdian Newspaper of March 9, 2015).
Nigeria ratified the United Nations Convention on the Rights of People with Disabilities (CRPD) in 2007 and its Optional Protocol in 2010. Since then, civil society groups and people with disabilities have called on the government to put it into practice. In 2011 and 2015, the National Assembly passed the Discrimination Against Persons with Disabilities (Prohibition) Bill 2009, but former President Jonathan declined to sign it into law. The bill for the new law was passed by the House of Representatives and the Senate joint committee in November 2016, but was not sent to Buhari for his signature until December 2018.
Consequently, On January 23, 2019, the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, was signed into law by Buhari. This was done after nine years of relentless advocacy by disability rights groups and activists. The law prohibits discrimination on the basis of disability and imposes sanctions, including fines and prison sentences, on those who contravene it. It also stipulates a five-year transitional period for modifying public buildings, structures and automobiles to make them accessible and usable for people with disabilities.
The law will also establish a National Commission for Persons with Disabilities, responsible for ensuring that people with disabilities have access to housing, education, and healthcare. The commission will be empowered to receive complaints of rights violations and support victims to seek legal redress amongst other duties.
The enactment of the Discrimination Against Persons with Disabilities (Prohibition) Act is only a first step in the fulfillment of Nigeria’s obligations under the CRPD. Authorities should now put effective measures in place for its full implementation to ensure equal treatment and participation of people with disabilities across Nigeria.
How persons with disabilities can contribute their quota
Persons with disabilities of Nigerian ancestry and descent, both home and abroad, can indeed contribute their quota to the current government through the following:
1. Championing Legislations: Persons with disabilities can be at the fore-front of influencing governmental policies through sponsoring of bills in the National and States Houses of Assemblies to make laws for the protection of persons with disabilities. Since Nigeria has already signed the Treaty on the United Nations Convention on the Rights of Persons with Disabilities, (See the United Nations Convention on the Rights of Persons with Disabilities: List of Signatory States and Regional Integration Organizations. Available at: http://www.un.org/esa/socdev/enable/conventionsign.htm), the Persons with disabilities can influence an Act of the National Assembly ratifying same in accordance with Section 12 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Make proposal to the Federal Government on the need to extend the wind of the doctrine of change to persons with disabilities so as to secure concessions from all arms of governments and all tiers of government on the need to reserve a quota –say 10 % of executive and judicial positions- strictly to qualified intellectuals with disabilities.
3. Promoting public awareness of the need to see persons with disabilities as equals and thereby effectively eliminate discriminations
4. Influencing political parties to reserve a particular number of elective political positions (especially legislative positions) exclusively for qualified persons with disabilities.
5. Directing and investing the intellectual prowess of disabled tertiary intellectual Dons towards general public education geared towards influencing change in societal perception of persons with disabilities and moulding government decisions towards positive policy changes regarding persons with disabilities.
Conclusion
Persons with disabilities constitute an integrate part of our society. They should be optimally involved in all facets of development.