Imu Report To Government

ZAMBIA FEDERATION OF DISABILITY ORGANIZATIONS
(ZAFOD)

INDEPENDENT MONITORING UNIT OF THE IMPLEMENTATION OF
THE DOMESTICATION OF THE UNITED NATIONS CONVENTION ON
THE RIGHTS OF PERSONS WITH DISABILITIES
(IMU)

PERIODIC REPORT

TO

GOVERNMENT

BY THE IMU,

A UNIT TO MONITOR AND ADVISE ON THE DOMESTICATION OF
THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH
DISABILITIES WITHIN ZAMBIA.

Issue 1.

December, 2011

Project funded by EU

Prepared by Zambia Federation of Disability Organisations on behalf
of the Independent Monitoring Unit Steering Committee.

TABLE OF CONTENTS

Abbreviations and Acronyms…………………………………………………..iii

Preamble…………………………………………………………………………….iv

PART A
INTRODUCTION

1. Purpose of the International Monitoring Unit (IMU).......................1
2. Objectives of the IMU....................................................................1
3. Functions of the IMU....................................................................2
4. IMU and Domestic Legislation.......................................................2
5. Mechanism for the Domestication of the CRPD.............................3
6. Stakeholders in the Domestication Process...................................3

PART B
PRIORITY COMPONENTS OF ANALYSIS OF THE CRPD

7. Priority Components
a) General Principles of the CRPD................................5
b) General Obligations.................................................7
c) Women with Disabilities...........................................8
d) Children with Disabilities.........................................9
e) Accessibility...........................................................11
f) Equal Recognition before the Law...........................12
g) Education..............................................................14
h) Health....................................................................1
5
i) Habitation & Rehabilitation....................................17
j) Employment..........................................................18
k) Participation in Political & Public Life.....................20

PART C
IMPLEMENTATION AND MONITORING

8. National Implementation & Monitoring of the CRPD....................22
9. Reports by States Parties............................................................24
10. Entry into Force..........................................................................24

i

11. Optional Protocol Issues..............................................................25

PART D
SUMMARISED RECOMMENDATIONS TO GOVERNMENT

12. Recommendations ......................................................................22

ii

ABBREVIATIONS & ACRONYMS

ADEPt - Advancing Disability Equality Project
ADD - Action on Disability & Development
CRPD - Convention on the Rights of Persons with Disabilities
DFPP - Disability Focal Point Person
DPO - Disabled People’s Organisation
IMU - Independent Monitoring Unit on the Implementation of
the domestication of the CRPD
ILO - International Labour Organisation
MCDSS – Ministry of Community Development & Social Services
OZ - Opportunity Zambia
PWAS - Public Welfare Assistance Scheme
PWD - Person(s) with Disability (ies)
SNDP - Sixth National Development Plan
SSI - Sight Savers International
ZAFOD – Zambia Federation of Disability Organisations
ZANFOB - Zambia Nation Federation of the Blind
ZAPD – Zambia Agency for Persons with Disabilities
ZLDC - Zambia Law Development Commission

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PREAMBLE

Zambia Federation of Disability Organisations (ZAFOD) is an umbrella
body of all disability organisations whose vision is to have a society
where persons with disabilities, enjoy equal rights and opportunities that
are generally available in society and are necessary for the fundamental
elements of living and development.

In order to realise this vision, ZAFOD through the Advancing Disability
Equality Project (ADEPt) and with the collaboration of stakeholder and
partner organizations carried out extensive advocacy work around the
ratification of the United Nations Convention on the Rights of Persons
with disabilities (UNCRPD). The entry into force of the Convention on the
Rights of Persons with Disabilities and its Optional Protocol in May 2008
marked the beginning of promoting an inclusive society where persons
with disabilities participate fully and equally at all levels.

The ratification of the CRPD in itself is not enough to have these rights
realised. It is imperative for Zambia to domesticate the Convention into
laws, policies and recognised standards; hence the established of an
Independent Monitoring Unit (IMU) to monitor the Government of
Zambia’s performance on the implementation of domestication of the
CRPD in compliance with Article 33 of the Convention.

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PART A
INTRODUCTION

1. Purpose of IMU

ZAFOD is an umbrella body of DPOs which collaborates closely with
various stakeholders and partner organisations. It is envisaged that
through the IMU, wider consultation with PWDs in the monitoring
process will be achieved.

The purpose of IMU is to assist in the domestication of the CRPD into
Zambian domestic legislation. It will do so by scoping and analysing
relevant pieces of existing domestic legislation and policies to identify
whether its provisions are compatible with the CRPD. Where legislation
is identified not to be compatible with the CRPD, recommendations will
be made to amend or appeal, where the appropriate, the offending
legislation. The IMU also intends to assist the State by advising the
government on the domestication process and the necessity to introduce
enabling legislation to bring about the incorporation of the CRPD into
domestic law.

2. Objectives of the IMU

There are both overall and specific objectives of the IMU which are set
out below.

Overall objective:

 To advance the domestication of CRPD in Zambia to achieve
improved human rights and equality of people with disabilities;

 To assist the State in complying with its international obligations
to domesticate the CRPD;

Specific and practical objectives:

•To monitor and report on the domestication process;

•To capacitate civil society (the Zambian Federation of the Disabled –
ZAFOD) to independently promote, protect and monitor domestication
of the Convention on the Rights of Persons with Disabilities (CRPD) in
Zambia.

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3. Functions of the IMU

There are a number of functions that the IMU will be engaged in. The
IMU will:

•Establish an appropriate independent “Domestication Monitoring
System” within ZAFOD;

•Establish a framework for engagement and monitoring through the
Independent Monitoring Unit (IMU);

•Scope/analyze legislation and prioritize areas/sectors for focus and
attention;

•Develop practical and strategic guidelines and checklists to assist
Government of Zambia (GoZ) fulfill its obligations under the CRPD
(Article 33);

•Raise awareness and promote advocacy on CRPD and disability
rights issues;

•Protect the rights of persons with disabilities through documenting
the inequalities they experience;

•Conducting legal case work, referring cases to the legal profession for
further advice and/or litigation and preparing, if necessary, cases
before international bodies such as the Committee for the Rights of
Persons with Disabilities.

4. Independent Monitoring Unit (IMU) and domestic legislation

A critical part of the work of the IMU is the review of existing legislation
to assess whether it is compatible with the State’s obligations under the
CRPD. While the importance of domestic disability legislation such as the
Persons with Disabilities Act No. 33 of 1996 is recognized by the
community of disabled persons, the 1996 Act itself is not far reaching
enough and it fails to address the many problems that affect disabled
people in everyday life. Zambia is a signatory to the UNCRPD having
ratified it in February 2010 with an international obligation to establish a
technical committee to oversee the domestication of the Convention into
domestic law. The IMU has been established as a mechanism for

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promoting, protecting and monitoring the implementation of the
Convention.

5. Mechanism for the domestication of the CRPD

- Article 33 of the CRPD identifies three mechanisms that are
relevant for the implementation and monitoring of the
Convention:First, States have to designate one or more focal points
within government for matters relating to implementation;
- second, States have to give due consideration to the establishment
or designation of a coordination mechanism within government to
facilitate actions across sectors and at different levels;
- and third, States have to establish or designate a framework that
includes one or more independent mechanisms to promote, protect
and monitor the Convention’s implementation.

(1) The slogan “Nothing about us without us!” requires that States
parties both “closely consult with” and “actively involve” persons
with disabilities in decision-making processes related to them
(CRPD, Art. 4 (3));

(2) The Convention requires that “civil society, in particular persons
with disabilities and their representative organisations, shall be involved
and participate fully in the monitoring process” (CRPRD, Art.33 (3))

6. Stakeholders in the domestication process

The stakeholders involved in the domestication process include:

•Ministry of Community Development and Social Services
(MCDSS);

•Zambia Agency for Persons with Disabilities (ZAPD);

•Relevant domestic government ministries such as Education,
Health, Justice;

•Disabled People’s Organisations (DPOs);

•Zambia Law & Development Commission (ZLDC);

•Action on Disability Development (ADD);

•The Human Rights Commission;

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•Opportunity Zambia (OZ);

•International Labour Organisation (ILO);

•Sight Savers International (SSI);

•Zambia National Federation of the Blind (ZANFOB);

•Power4Good / POWER International.

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PART B

PRIORITY COMPONENTS OF THE UNCRPD FOR ANALYSIS BY THE IMU

7. Priority components

The purpose of this Report is to report on the CRPD in general and
to identify priority components of it that the IMU sees as critical
priorities for the State because they directly affect the social
economic and cultural rights of persons with disabilities in a direct
and material way. The critical Articles of the CRPD identified by
the IMU as being of highest priority are:

(1) General Principles (Article 3);
(2) General Obligations (Article 4);
(3) Women (Article 6);
(4) Children (Article 7);
(5) Accessibility (Article 9);
(6) Equal Recognition before the Law (Article 12);
(7) Education (Article 24);
(8) Health (Article 25);
(9) Habitation & Rehabilitation (Article 26);
(10) Work & Employment (Article 27);
(11) Participation in Political & Public Life (Article 29);
(12) National Implementation & Monitoring (Article 33);
(13) Reports by States Parties (Article 35);
(14) Entry into Force (Article 45).

(a) Article 3 General Principles

The General Principles act as broad guidance to the interpretation and
implementation of the entire Convention because they cut across all
fundamental issues that affect persons with disabilities. They are the
starting point for understanding and interpreting the rights of persons
with disabilities, providing benchmarks against which each right is
measured.

When considering the General Principles enshrined in the CRPD and its
relationship with the domestic law of Zambia, it becomes apparent that
issues of equity have not been taken into account in respect of persons
with disabilities in the past when legislation has been drafted and
considered. The General Principles have not heretofore been applied as
issues of diversity that arise when dealing with persons with disabilities
have not been addressed. In particular, the needs of women and children

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with disabilities have not been recognized nor included in mainstream
services that have been provided to others.

The following General Principles of the CRPD should be applied in
domestic legislation and policies of the State:

•Respect for inherent dignity, individual autonomy including the
freedom to make one’s own choices, and independence of persons;

•Non-discrimination;

•Full and effective participation and inclusion in society;

•Respect for difference and acceptance of persons with disabilities as
part of human diversity and humanity;

•Equality of opportunity;

•Accessibility;

•Equality between men and women;

•Respect for the evolving capacities of children with disabilities and
respect for the right of children with disabilities to preserve their
identities.

The General Principles have a broad impact on all other Articles of the
Convention.

• The IMU recognises that the State acknowledges the obligations it
has, as evidenced in the SNDP (Chapter 1.3.5), which shows an
intention to accelerate the mainstreaming of disability issues in
national development in order to improve the lives of persons with
disabilities.

• The State intends to do this through the development and
implementation of legislation, policies and programmes in line with
the present Convention (SNDP Disability & Development Chapter:
2011).

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(b) Article 4 General Obligations

This Article reaffirms the obligation of States to progressively implement
the economic, social and cultural rights of persons with disabilities but
recognises that the full realization of these rights may be constrained by
limited resources. The government is obligated by the UNCRPD to take
measures within available resources and, where needed, within the
framework of international cooperation to ensure progressive realization
of economic, social and cultural rights. The State should also develop an
appropriate plan of implementation.

This Article provides for the adoption of appropriate legislation and
policies that would bring about the realization and enjoyment of all
persons with disabilities of their social, economic and cultural rights.

Article 4 also includes an important provision that obligates governments
to consult closely with organizations representing and/or comprised of
persons with disabilities in implementing the Convention into domestic
law and policy. Article 4 can be used by itself or can be read in
conjunction with other Articles of the Convention to amend or repeal
laws, policies and practices that violate the human rights of people with
disabilities.

Critical Area of Concern

• It is accepted that the Zambian Constitution recognizes social,
economic and cultural rights. However, these rights are considered
non- justiciable on the grounds of non availability of resources.

• This means that the State cannot be taken to court for failing to
make provision for social, economic or cultural rights. As a
consequence, a large portion of the population and especially
persons with disabilities are denied the full realisation and
enjoyment of their social, economic and cultural rights.

• An analysis of Zambian legislation reveals many aspects that are
discriminatory in nature. Such examples include, the “Wills and
Administration of Testate Estates Act” (No. 60 of 1994) which
contains a provision that disqualifies people from legal acts based
on disability (such as the capacity to make a will).

• Another example is the “Electoral Commission Act” (No.24 of
1996) which has no provision to ensure that persons with

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disabilities are entitled to exercise the right to vote on an equal
basis with others.

• So too are mental health laws which authorize deprivation of
liberty or psychiatric interventions without free or informed
consent of the person concerned are some other clear examples of
discrimination against persons with disabilities. The IMU believes
that psychosocial disability must be included on an equal basis
with other types of disability in anti-discrimination legislation.

Action Taken by Government

• The establishment of a Technical Committee to spearhead the
domestication process of the Convention soon after its ratification
is one step towards fulfilling the general obligation of government
as provided for in Article 4 of the CRPD.

• The IMU, however, is concerned that the said Technical Committee
has not as yet progressed domestication or developed a roadmap
by which domestication could be achieved.

• The IMU is also concerned that the Technical Committee has not
established any formal mechanism for liaison and engagement
with the IMU itself.

IMU Monitoring Targets

• The IMU intends to target a range of relevant legislation and
related policies to have them successfully repealed, amended and/
or reviewed to ensure that they are compatible with the CRPD and
so protect the rights of persons with disabilities.

(c) Article 6 Women

This Article recognizes that women and girls with disabilities are
vulnerable and suffer multiple disabilities and thus provides for the
implementation of appropriate measures to be taken by the State to
prevent discrimination and enable women enjoy their fundamental rights
and freedoms.

Critical Areas of Concern

• The multiple discriminations faced by women and the appropriate
measures to be taken by the state are not stipulated in Article 6.

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• The preamble recognizes that women and girls with disabilities are
often at greater risk, both within and outside the home, of violence,
injury or abuse, neglect or negligent treatment, maltreatment or
exploitation.

• Article 16 addresses freedom from exploitation, violence and
abuse. It recognizes specific states obligations in both the private
sphere and public sphere.

• In the public sector, States Parties are mandated to take all
appropriate legislative, administrative, social, educational and
other measures to protect persons with disabilities, both within
and outside the home, from all forms of exploitation, violence and
abuse, including their gender-based aspects.


• The State through the Gender in Development Division set up by
the government has provided for the protection of women’s rights
in general but has not specifically targeted women with disabilities
who suffer multiple discrimination has been provided for. This is
reflected in the Anti-Gender Violence Act.

Planned Actions by Government

• The government plans to mainstream disability issues within the
gender policy of the Gender in Development Division.


• It is a priority target of the IMU to have the rights of women and
girls with disabilities mainstreamed into the gender policies and
programmes of the State. This priority includes having the
recognition of women with disabilities enshrined into the Anti-
Gender Violence Act.

(d) Article 7 Children

This Article pertains to children with disabilities’ enjoyment of all human
rights and fundamental freedoms on an equal basis with other children.
It also requires the primary consideration of the child’s best interest in
all circumstances.

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According to a Ministry of Education report (2000), about 10-15% of
children in Zambia are believed to be exceptional, i.e. differing from
others in mental, physical or social characteristics to such an extent that
they might need specialized educational services.


• Children according to the World Disability Report should be
regarded not in isolation but in the context of the family and social
environment.

• The State is severely limited by various economic factors coupled
with the need to deal with rapid social changes in addressing
economic, social and geographical disparities affecting the most
disadvantaged groups of children such as children with disabilities
among others. (Initial & 1st Periodic Report on the Implementation
of the UNCRC: 2002).

• There is very little information documented about children with
disabilities in Zambia. In the IMU’s view, this proves the lack of
seriousness around disabled children’s issues nationally.

• There is no legislation that specifically singles out disabled
children for specific protection. Domestic legislation instead deals
with children in general, particularly with regards to the
consideration of the best interest of the child.

• Children with disabilities fall under the Public Welfare Assistance
Scheme (PWAS) which was established to protect vulnerable
groups such as orphans, street and disabled children among
others. PWAS was established and administered under the
Ministry of Community Development and Social Services (MCDSS).
However, disabled children are not considered among the priority
beneficiaries. Priority beneficiary children include street children,
orphans and those in protective care (ibid).

Action Taken

• The State through the Ministry of Youth, Sport and Child
Development formulated the National Child Policy (2006) which set
out to address children’s issues in general including children with
disabilities.

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• There is, however, no deliberate policy or legislative measure to
address issues of children with disabilities. Issues relating to
children with disabilities are addressed through the National
Disability Policy.

• Progress in terms of implementation has yet to been seen.

Planned Action by Government

• This is a critical issue for the IMU and representatives will
approach GoZ directly to establish actions planned by
Government.

(e) Article 9 Accessibility

This Article is a guiding principle under Article 4 of the CRPD and is at
the same time a stand alone article that is essential in all areas of
implementation. Accessibility provides for the inclusion of persons with
disabilities on an equal basis with others in all aspects of life and the
promotion of independent living without barriers that would hinder
participation in that respect.


•There is at present no up to date legal framework to ensure provision
of access to physical & social services, communication & information
by persons with disabilities. As a result, the right to full inclusion and
equal participation is not upheld within Zambia.

•Most public roads and many public buildings are not accessible to
some categories of disabled people and therefore represent a real
barrier to access.

•There are no accessibility standards & guidelines for public service.

•Lack of access to information and communication represents a major
barrier to visually impaired and deaf; there is no Braille or large print
in public notices and almost all public service providers would not
know how to provide a sign language service.


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•Currently in the process of amending the Urban and Country
Planning Act. This Bill will incorporate accessibility issues.

•A few government institutions have made some minor adjustments to
the structures in line with the recommendations given by ZAFOD after
carrying out a disability access audit of a few selected buildings but
much more needs to be done.


•Enactment of the Urban and Regional Planning Act.

•Identify and eliminate obstacles and barriers to accessibility in the
physical environment, transportation and information communication
technology.

•Provide training to Disabled Persons Organisations (DPOs) Inspectors
on issues of accessibility by Persons with Disabilities.


•Mainstreaming of disability issues in the Urban & Regional Planning
Act.

•Adjustments made or legal action taken against relevant public and
private bodies.

•International standards adopted and adapted to suit the local
environment.

•Accessibility audits conducted to check compliance.

(f) Article 12 Equal Recognition before the Law

This Article prohibits disability as a ground for denying someone the
right to exercise their legal capacity, including the right to own and
inherit property as well as to have control over their own financial affairs.


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•Some categories of disabled people are denied the right to exercise
their legal capacity, e.g. giving testimony in court, property ownership
rights, controlling their own financial affairs, etc.

•Persons with disabilities can be excluded from engaging in legal
proceedings e.g. defending their rights in court; participating as
witnesses in legal proceedings; making wills.

•Persons with disabilities have been prevented from engaging in the
legal process, e.g. voting.

•Persons with disabilities have prevented the legal right of controlling
their own medical treatment. Persons with psychosocial disabilities
are particularly not regarded as capable of taking part in legal
proceedings on the basis of lacking legal capacity. The situation is
worsened by the provisions of the Mental Disorders Act (1951) which
contains discriminatory terms that further perpetuate the lack of
recognition of this right on an equal basis with others


•Government is currently in the process of amending the Mental
Disorders Act (1951) through the Ministry of Health in conjunction
with ZAFOD and MHUNZA. However, there is still nothing done about
putting in place mechanisms for ensuring the recognition and
exercise of legal capacity of all persons with disabilities on an equal
basis with others.


•Enactment of laws, policies and programmes, including legally
recognized mechanisms, to provide persons with disabilities with the
support they may require to exercise legal capacity.

•Establish legal mechanisms to safeguard the interest of persons with
disabilities in circumstances where another person is appointed to
represent and act on their behalf.

(g) Article 24 Education

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This Article provides for the right to education of persons with disabilities
on the basis of equal opportunity; ensuring an inclusive education
system at all levels and the facilitation of access to lifelong learning.


 The State through the Ministry of Community development and
Social Services has come up with a system of providing educational
support to disabled children whose parents cannot afford to meet
their educational needs. This is done through the Public Welfare
Assistance Scheme. However, a large number of children with
disabilities are excluded from this scheme due to resource
constraints and many are further denied their right to education.
Those that are in school attend community schools which in most
cases are limited to lower primary education.

 Disabled children are less likely to attend school as compared to
non-disabled children. This is attributed to the fact that most
mainstream schools do not have accessible infrastructure and
teaching materials suitable for children with disabilities.

 Teachers in most schools do not have the necessary skills to teach
children with disabilities.

 Systems for identifying and contacting children with special
educational needs are not well developed (Initial & 1st Periodic
Report on the Implementation of the UNCRC: 2002). This is
particularly the case in rural areas and in large urban compounds.


 Government through the National Child Policy has identified
special education as a right for children with disabilities and has
introduced guidelines for elevating public awareness of educational
and other specialized services.


In an effort to promote inclusive education, the State through the SNDP
has planned to undertake the following:

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•Strengthen and implement training programmes for teachers in
special needs education;

•Provide education opportunities and skills development to vulnerable
persons with disabilities;

•Provide adequate educational facilities, services, equipment and
materials to persons with disabilities in learning institutions; and

•Promote the employability of PWDs.


The following targets have been identified by the IMU:

•Increase the number of training programmes introduced for teachers
in special needs education;

•Establish an effective form of tracking the number of children with
disabilities attending school;

•Increase the number of persons with disabilities enrolled at all levels
of education;

•Increase the number of schools equipped with all the necessary
special educational needs requirements to suit individual disability
needs.

(h) Article 25 Health

The right to health care and provision is a very important right for
persons with disabilities. Article 25 recognises the right to the enjoyment
of the highest attainable standard of health without discrimination on
the basis of disability and provides for all appropriate measures to be
taken to ensure access for persons with disabilities to health services
that are gender-sensitive, including health-related rehabilitation.


•The right to health like any other social, economic and cultural rights
in Zambia is non-justiciable. There is no legal mechanism to compel

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government to ensure that persons with disabilities have access to
quality health care services.

•Public health services & campaigns are not accessible particularly to
those in rural areas.

•The right to individual autonomy for persons with psychosocial
disabilities is not respected. Thus free and informed consent in the
administration of medical care is not respected.

•No legal framework in respect of the provision of health care to
persons with disabilities is in place.


•In the area of mental health, the State is in the process of enacting a
new law in conformity with the CRPD.

•In respect of areas of health care provision, it is unknown whether
anything is being done.


The IMU has the following targets in respect of health care provision for
persons with disabilities:

•Assist in the enactment of the new mental health law in conformity
with the UN CRPD;

•Develop regulations that are compatible with the new Mental Health
Act;

•Develop programmes and policies after the enactment of the Mental
Health Act;

•Conduct case reviews of individual complaints from persons with
disabilities;

•Ensure wider review of health related legislation is completed.

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(i) Article 26 Habitation & Rehabilitation

Article 26 establishes measures to enable persons with disabilities to
attain and maintain maximum independence, full physical, mental,
social and vocational ability, and full inclusion and participation in all
aspects of life, through comprehensive habitation and rehabilitation
programmes, in the areas of health, employment, education and social
services.

“Habitation” refers to deliberate services put in place specifically
targeting persons born disabled in an effort to make the environment
suitable to their condition. Rehabilitation services on the other hand are
targeted at persons who acquire disabilities.


 There are no measures or mechanisms in place for the promotion,
availability, knowledge and use of assistive devices and
technologies, designed for persons with disabilities, as they relate
to habitation and rehabilitation.

 It is common practice among employers to dismiss/force
retirement on employees who acquire disabilities during the course
of their employment by citing medical grounds for dismissal. This
has been a major concern among persons with disabilities who
have found themselves in such situations as reported and
evidenced by cases dealt with under the ADEPt project ran by
ZAFOD.


 At present their does not seem to be any specific action planned by
government


The government through the SNDP (disability chapter) has made plans in
respect of rehabilitation and independent living and has committed to
undertake the following activities:

•Provide assistive technology to the disabled;

•Rehabilitate existing rehabilitation centres;

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•Establish, promote and support community-based rehabilitation for
persons with disabilities.


The IMU has the following targets in respect of habitation and
rehabilitation:

• Ensure effective programmes and policies are put in place to
promote habitation and rehabilitation services;

• Realistic timescale developed to capture these policies and
programmes

(j) Article 27 Employment

Article 27 recognizes the right of persons with disabilities to work and to
earn a living by participating in a labour market and work environment
that is open, inclusive and accessible, including for those who acquire a
disability during the course of employment. The country under the
disability chapter of the SNDP has committed to promote Employment
Programme for persons with disabilities aimed at creating equal
employment opportunities in decent employment.

The policies created to achieve this programme are the following:

•Provide incentives to organizations and individuals to enhance
employment opportunities for persons with disabilities;
•Provide micro-credit to persons with disabilities to enable them
undertake entrepreneurial activities;

•Develop a mechanism for persons with disabilities to access funds
from financial institutions.

However, nothing has been achieved so far and these programmes are
yet to be implemented.

Critical areas of concern

•Most persons with disabilities are denied access to employment on
the basis of their disability. Others have been unfairly dismissed from
work upon acquiring a disability and generally face multiple

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discriminatory acts. It is for these reasons that there is need to enact
anti-discrimination laws and policies applicable to all forms and
sectors of employment, and ensure that persons with disabilities are
fully covered by these laws on an equal basis with all others.

•Persons with psychosocial disabilities are not included in programs
to promote full employment and economic empowerment.

•Most persons with disabilities are confined to low level positions
such as telephone operators and teachers despite their capacity and
qualifications to hold better positions. Therefore, it is important that
persons with disabilities are employed in public sector jobs for which
they are qualified.

•Inaccessible infrastructure and technology further disadvantages
persons with disabilities with respect to employment opportunities on
an equal basis with others.


• General anti discriminatory provision included in the Employment
Act


The State has planned the following actions:

•Provision of incentives to organizations and individuals to enhance
employment opportunities for persons with disabilities;

•Provision of micro-credit to persons with disabilities to enable them
to undertake entrepreneurial activities;

•Development of a mechanism for persons with disabilities to access
funds from financial institutions.


•Case review of employment related violations reported.

•Deliberate policy to provide reasonable accommodation.

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•Enactment of anti-discriminatory laws, policies and programmes.

(k) Article 29 Participation in Political & Public Life

Article 29 guarantees political rights for persons with disabilities and
participation in public life on an equal basis with others.


• The right to participation in political and public life is to a large
extent linked and interdependent with the issue of accessibility.

• Inaccessible infrastructure, transportation and information usually
has caused barriers to the participation of persons with disabilities
on an equal basis with others.

• People who are deaf or hard of hearing particularly face
communication barriers – for example in many cases information
is transmitted through radio stations. Such communication
barriers hinder deaf people from participation in public life. Lack
of Braille ballot papers means persons with visual impairments is
dependent on a third party to cast their vote, which in itself
overrides their right to a secret vote.

• Discriminatory laws may restrict or even prohibit altogether the
right to vote, particularly for persons with psycho-social or
intellectual disabilities. Almost all polling stations are not
accessible to wheelchair users who also find it difficult to reach the
ballot boxes that are usually placed too high.

• These and numerous other barriers serve to reinforce the exclusion
and isolation of people with disabilities in political and public life,
and, more generally, their participation in decision-making in all
areas where their interests are affected in both their public and
private lives (HUMAN RIGHTS Yes! Manual).


• The IMU is not aware of any action being taken at present.

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• Review of the Electoral Commission Act to include accessibility
concerns raised by PWDs.


The following are the targets of the IMU:

•Enactment of new legislation, the Electoral Commission Act;

•Support and advocate for measures to be taken to ensure
accessibility to voting procedures, facilities and materials;

•Increase the number of persons with disabilities participating in the
political process on an equal basis with others in politics;

•Promote and support persons with disabilities to actively engage in
political activity and the political process including assisting them,
where necessary, to secure employment including decision making
positions.

21

PART C
IMPLEMENTATION AND MONITORING

8. Article 33 National Implementation & Monitoring

Article 33 is of critical importance for the implementation of the CRPD as
it regulates the implementation and monitoring of the Convention in
domestic jurisdictions. Pursuant to Article 33, the State should
undertake the following:

•Designate a focal point person(s) dealing with disability issues in
government ministries;

•Establish a domestic coordination mechanism;

•Ensure the participation of civil society and disability people’s
organisations.


• Despite the government taking certain steps under Article 33, such
as appointing disability focal point persons in all the ministries,
most of those appointed lack awareness of disability rights and the
actual provisions of the UN CRPD.

• The framework within which focal point persons are supposed to
operate has not been established, for example, terms of reference
for the appointed disability focal point persons have not been
drawn up. As a result, the whole purpose of their appointment is to
a large degree defeated.

• The Government has moved forward by establishing a Technical
Committee to oversee the implementation process of domestication
with the involvement of civil society and representatives from
disability organizations. However, despite putting this in place
nothing has been done so far to actually advance the
domestication process through this committee.


•Designation of disability focal point persons and a specific framework
within which they can operate.

22

•Establishment of a technical committee with the participation of

•Civil society and disability persons’ organisations.


•Appointment of a Consultant to the Technical Committee in
consultation with civil society.

•Formulate a roadmap for the Technical Committee’s areas of
responsibility.


The IMU intends to achieve the following targets in respect of the
Implementation and Monitoring of the domestication of the CRPD under
Article 33:

•Support the appointment of identified Consultant;

•Carry out a legislative review for the purposes of legal reform;

•Prepare a report on the legislation review;

•Ensure that “the roadmap” is formulated and implemented
successfully;

•Engage with partners to assist in drafting legislative reform where
necessary;

•Advocate for the repeal of defunct or discriminatory legislation or
portions thereof, where appropriate;

•Provide technical advice and support to partners and the government
in respect of their obligations under the CRPD;

•Monitor the implementation of the CRPD into domestic law.

•Raise awareness of the CRPD among the general public and in
particular persons with disabilities.

23

9. Article 35 Reports by States Parties

Article 35 requires that concerned governments submit a report to the
UN Committee on the Rights of Persons with Disabilities on their
progress towards implementing the CRPD. The following procedures
apply in respect of the State’s obligations under Article 35:
• The Report should be submitted within two years of the CRPD
entering into force and is submitted through the Secretary General
of the United Nations.

• The report should give specifications of the State’s progress on its
obligation with regard to the implementation of the CRPD.

• The CRPD came into force in Zambia in March, 2010 thereby
giving a submission date of on or before March, 2012.


• The IMU intends to have the Report submitted within the
stipulated time

10. Article 45 Entry into Force

The relevant timeline of the CRPD and its entry into force in Zambia is as
follows:

09/05/2008: Signing of Convention.
14/12/2009: Approval for Ratification by Zambian Cabinet.
05/01/2010: Depositing of Ratification instrument by Department of
Foreign Affairs with the UN.

01/02/2010: Ratification

29/9/2008: Optional Protocol Signature
[Optional Protocol Ratification: Not Ratified]

10/03/2010: Entry into Force

10/03/2012: Obligation to Report on Domestication (Article 35)

24

11. Optional Protocol Issues

• The optional protocol to the CRPD is a legal instrument that
addresses complaints and concerns related to the implementation
of the convention thereof.

• The Optional Protocol looks into the human rights violations of
persons with disabilities and gives an opportunity for the
Committee to give recommendations to the State Party concerned
on how best to fulfill its obligations.

• The Protocol introduces two procedures to strengthen the
implementation of the Convention; an individual communications
procedure and an inquiry procedure.

a) The individual communications procedure permits individuals
and groups of individuals in a State party to the Optional
Protocol to complain to the Committee on the Rights of Persons
with Disabilities that the State has breached one of its
obligations under the Convention. That complaint is known as a
“communication.” Upon such a communication being made,
the Committee examines the complaint, formulate its views and
recommendations, if any, and thereafter send them to the State
in question.

b) The inquiry procedure addresses complaints related to the
violations of the provisions of the Convention by a State party.
The state concerned may be invited to appear before the
Committee for clarity after which the Committee may designate
one or more of its members to conduct an inquiry and issue a
report urgently.

Where warranted, and with the consent of the State concerned,
this inquiry may include a visit to the country in question. After
examining the findings of the inquiry, the Committee must
transmit those findings, and its own comments, to the State,
which then has six months to submit its observations to the
Committee.

The inquiry is confidential and has to be conducted with the full
cooperation of the State concerned.

25


• Ratification of the Optional Protocol guarantees persons with
disabilities a platform for expressing individual human rights
violations and discriminatory acts. It is therefore imperative that
the country ratifies the optional protocol.

• Ratification of the Protocol also shows that the country is
committed to ensuring the effective implementation of the CRPD.

• The State has only signed but not yet ratified the optional protocol.

26

PART D

SUMMARISED RECOMMENDATIONS TO GOVERNMENT

12. Recommendations

After reviewing and considering the CRPD carefully and the international
obligations contained therein, the IMU makes the following
recommendations:

1) Having appointed disability focal point persons (DFPP) the State
should ensure that these appointments are in line with Article 33,
paragraph 1, and should ensure that the appointed DFPP fully
understand the CRPD, their mandate and their specific role in its
implementation;

2) The government should ratify the Optional Protocol as soon as
possible to exhibit its commitment to fulfilling the promotion and
protection of the rights and fundamental freedoms of persons with
disabilities in the State;

3) The government through its specific ministries should carry out
awareness raising programmes to sensitize their officers on the
provisions of the CRPD and disability rights in general;

4) The government through its ministries must develop disability
inclusive policies and laws that promote participation and
involvement of persons with disabilities and reduce discriminatory
practices at all levels of society;

5) The enactment of the new Mental Health Services Act that promotes
and protects the rights and fundamental freedoms of mental health
users should be expedited to replace the old discriminatory Mental
Disorders Act of 1951. The new law should abolish involuntary
admission and treatment of mental health users to Mental Health
Institutions;

6) The Technical Committee appointed by government to coordinate the
work on domestication of the CRPD should be effectively sanctioned
by government to proceed with its vital activities – and in particular

27

the overseeing of the work of the Consultants appointed to review
different laws for the purpose of domestication;

7) The Ministry of Community Development and civil society should seek
and work to bring about new disability legislation which recognizes
the rights and fundamental freedoms of persons with disabilities, in
particular the right to be treated equal before the law, to replace the
current act, which does not adequately provide for the rights and
aspirations of persons with disabilities;

8) The Ministry of Local Government, Early Childhood and Environment
should repeal the Town and Country Planning Act and Housing Act
forthwith and implement new legislation that will be inclusive and will
promote and ensure the protection of accessibility rights of persons
with disabilities to public buildings, facilities and services, including
roads;

9) The Ministry of Education should review the present “Educating Our
Future Policy” (1996) and consider replacing it with an Inclusive
Education Policy that will promote provision of reasonable
accommodation within the general education system and universal
design of curriculum, learning materials and teacher training
programmes. Such policies should be backed by inclusive education
legislation;

10) The government, through the Ministry of Health, should ensure,
through policy, administrative and financial measures the facilitation
for the provision of free medical care for persons with disabilities as
close as possible to their homes. This should include access to
HIV/AIDS and reproductive health services;

11) The government should ensure the equal participation of persons with
disabilities in the political and public life sector through the
introduction of electoral policies and laws that recognize the rights of
persons with disabilities to participate in the electoral process directly
or indirectly. This should include the recognition of the right to a
secret ballot;

12) The Ministry of Labour and Social Security should as a matter of
urgency amend the Labour laws, especially the Employment Act, for

28

the purposes of prohibiting discrimination on the basis of disability in
the work place;

13)Government should take deliberate measures including institutional,
policy, legislative and financial measures, to ensure adequate
provision of matters relating to the promotion and protecting of the
rights and fundamental freedoms of women and children with
disabilities.

In view of the above recommendations, it is essential for the government
to begin the process of submitting its first report to the Special
Committee on Disability of the United Nations for submission in the first
quarter of 2012.

Such a process should be consultative and directly involve persons with
disabilities and their representative organizations.

29

Bibliography

Human rights. Yes! Action and advocacy on the rights of persons with
disabilities. By Lord, J. and others. Minneapolis, Human Rights Resource
Center, University of Minnesota, 2007.

Initial & first Periodic Report on the Implementation of the UN
Convention on the Rights of the Child. GoZ, Lusaka, Zambia. 2002

UN Convention on the Rights of Persons with Disabilities. United
Nations, Enable: http://www.un.org/disabilities/.

Six National Development Plan. Government of the Republic of Zambia,
2011.

30

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