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Constitutional Review Process and Persons with Disabilities |
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Written by Akoit Omasete
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Thursday, 17 July 2008 |
In the last five years the legislative and social landscape allocated to dealing with the difficulties experienced by persons living with disabilities-or persons with different abilities- has been positively affected by the official gazettement of a large part of the Disability Act in June 2004.
On the 15th of July 2008, the Disability Fraternity, with the support
of the Center for Multiparty Democracy (CMD) and the Ministry for Home
Affairs, held an authorized workshop at the Nairobi Sarova Stanley to
discuss the Constitutional Review Process and Content by Persons with
Disabilities (PWDs).
2008 has been a year that confirmed more efforts of the Disability Fraternity worldwide in the centuries long struggle to achieve an inclusive, barrier-free and rights based society for persons living with disabilities. As the Association for the Physically Disabled in Kenya (APDK) marked fifty years of service to disabled persons here in Kenya; Kenya became the 27th country to ratify the “United Nations Convention on the Rights of Persons with Disabilities”. The National Workshop was aimed at a critical appraisal of the circumstances surrounding the ratification of the Convention as well as the practical realities that might in future be seen to hinder or enhance its translation into practical reality.
It was recognized that in the present age of Special Interest representation in National, and International policy making, Kenyan persons with disabilities have continued to be significantly excluded. Employers, including those traditionally thought to be equal opportunity employers, such as the Government, still discriminate erroneously against persons with disabilities. The eventual end to forums such as the National Workshop would be that every person living with a disability might have equal opportunities to become a respected member of their community through mainstreaming of quality disability rehabilitation services and resources in all spheres of society.
Mutual commendation was given to the Disability Fraternity and the Government; through the Ministries of Gender and Children’s Services, Foreign Affairs, and Home Affairs, in reference to achievements made in the last few years. These have included the development of the Special Needs Education Policy which began in (earnest) 2006 and has seen a lot of input from both the Government and stakeholders such as the APDK, VSO Jitolee and SightSavers International as well as the establishment of the first National Disability Council in accordance with the Disability Act 2004, and the development of the Draft National Policy on Disability which is expected to be a significant part of the Disability portfolio for this year. The Disability Movement; first recognized as a political force with the creation of the Attorney General’s Task Force to review laws relating to persons with disabilities in 1993, appreciated the departure from the traditional representation of advocacy for the cause, as did rest in a medical and charity model, to a more of a social and rights approach.
The participation of persons with disabilities at the Bomas of Kenya Constitutional Review Process between 2003 and 2005, was significant and their representation at the National Workshop was keen to reaffirm the commitment of persons with disabilities to the Constitutional review process and to aver especially the necessity of reviewing the current Constitution into one in which affirmative action is enshrined. National values must be seen to include persons with disabilities and a policy of uncompromising non-discrimination must be adopted to combat recurring instances of the exclusion of disabled persons from society on the basis of their disability. Braille and Kenya Sign Language (KSL) ought to be recognized as national languages as well as the plight of those otherwise disadvantaged as well as living with disabilities- women, superminorities and the youth (as classified by the CMD) -taken into careful consideration.
A brighter future for all of Kenya includes one in which favour takes precedence over fear and difficulties in accessing education, public places and use of language are a thing of the past. The unofficial motto at the workshop was “nothing about us without us” and true enough the National Workshop on the Constitution Review Process and Content called on all of ‘us’ to step forward and support each other in the difficult task of nation building and the safe guarding of an unshakeable national conscience.
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Akoit Omasete |
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