SIXTH CONFERENCE OF STATE PARTIES ON THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
PANEL PRESENTATION BY Ms. JOSEPHTA MUKOBE, PRINCIPAL SECRETARY, MINISTRY OF INTERIOR AND COORDINATION OF GOVERNMENT
TOPIC: ECONOMIC EMPOWERMENT OF PERSONS WITH DISABILITIES THROUGH INCLUSIVE SOCIAL PROTECTION AND POVERTY REDUCTION
UNITED NATIONS HEADQUARTERS, NEW YORK
DATE: 17THJULY, 2013
TIME: 3 – 6PM
1.0Introduction
Though the linkage between poverty and disability has been subject to research with varying findings, I am one of those who believe that there may be some causal relationship between the two ie poverty leads to disability and disability leads to poverty. Economic Empowerment of Persons with Disabilities therefore, is key as we discuss eradication of poverty all over the world. Effects of poverty on PWDs is enormous as poverty violates the fundamental human rights of PWDs as it deprives them the basic necessities of life. Experience show that majority of PWDs have inadequate or lack access to education , employment , health care, and other necessities of life such reliable water, food and clothing which are a basic means of livelihhood. Other than the programs that Kenya as a country has put in place to address the issue of poverty among PWDs Economic empowerment also refers to legislations, policies and interventions that seek to directly help people raise their standard of living.
1.1Foundations to Economic Empowerment
In order to achieve economic empowerment of PWDs the following are necessary:
Education
For Persons with Disabilities, education is a powerful tool for economic empowerment. Education is power and people who lack it lack power and choices about how to improve their lives. Through Education PWDs can gain knowledge and skills needed to perform functions or carry out economic activities and also acquire skills nècessary for the labor market. Education for economic empowerment need to start from preschool to adulthood. Preschool enables children to acquire skills like speech, sign language, use of tools, daily living skills etc. Early skills enable children to attain self confidence and increase self esteem which enhances effective task performance later in life. Havingdisabilitiesdoublesthe probabilityof children neverhaving to attended school.The problem is often morepronouncedin the rural areas, where education and training services are limited and hard to access.
Health
Health is critical to the economic empowerment of PWDs since in most instances PWDs may require constant intermitenent or long term medical care. Access to quality affordable and inclusive health services is important in enabling PWDs to participate in any economic activity.
Employment
The International Labour Organisaion (ILO) estimates that the unemployment rate among Persons with Disabilities in developing countries is an overwhelming problem. There exists legislation for quota system favoring employment of PWD. however due to high unemployment rate in the country, large numbers of PWDs are not able to access employment even when they are qualified. This means they have no stable income and have to depend in most cases on their families or well wishers. Employment of PWDs is key for their economic empowerment. They need to be fully represented in employment in the work place such as government and the private sector NGOs etc.
Accessibility
Ensuring that persons with disabilities access physical environment, transport, Information Communication and Technology (ICT), and other facilities and services that are accessible to all other persons is key in promoting ecomonomic empowerment for Persons with Disabilities. In both developed and developing countries access to public spaces such as buildings and transport systems remain largely inaccessible to persons with mobility difficulties. This has a concequence of limiting economic participation of PWDs in either business ventures or access to employment as stated above. Moreover, PWDs are not able to access information in accessible format such as sign language, large print, human reader services, pictograms, Braille etc. It therefore becomes difficult for them to be informed of economic opportunities that are existing within their localities.
Social Protection
Considering the challenges that PWDs face in participating in gainful economic activities, there is a need to cushion them from these very disadvantages through social protection initiatives. Such interventions are critical in determining their entry behavior and their continuous and sustainable participation in the market place. According to the Kenya National Social Protection Policy 2012, Social protection
“…..refers to policies and actions which enhance the capacity and opportunities for the poor and vulnerable to improve and sustain their livelihoods and welfare”.
Experience from a number of countries in Africa confirm that social protection is a driver of economic empowerment for poor people including Persons with Disabilities. In addition to reducing poverty, it promotes equity, stimulates growth and ensures better use of scarce resources. Social protection interventions and economic empowerment reinforce each other. First, by improving the education and health status of the poor, Social Protection enhances productivity and contributes to the formation of skills that allow the poor to participate in the labour market. Secondly, Social Protection alleviates inequality. Thirdly, by providing a basic level of income, Social Protection can promote greater labour market activity. Fourth, Social Protection can empower the poor to undertake investment and asset accumulation by reducing perceptions of high risk. It offers relief from deprivation, boost real incomes and capabilities, and address social equity. Source: Kenya National Social Protection Policy, 2012
1.2Economic Situation of Persons with Disabilities in Kenya (PWDs) in Kenya
Generally, Persons with Disabilities in Kenya like in other countries are economically deprived. This is mainly due to a number of barriers including; stigma and marginalization, poverty, limited access to opportunities and benefits and low self esteem. Children, youth and women with disabilities are most vulnerable amongst PWDs and often experience multiple discrimination, on the basis of disability, gender, social status and age. Arising from the above, they are ill prepared for life’s challenges such as the labor market and therefore unable to freely access opportunities and information and use it for their development.
However the country has over the last 10 years tried to improve the economic empowerment of PWDs through various interventions.
1.3Data on disability
As we deal with the issue of economic empowerment it is important to have data on disability in order to establish the numbers, the type of disability and the general needs for purpose of including them in the planning system. The Kenya population census of 2009,which for the first time sought to establish the population of persons with disabilities, indicate that PWDs are 3.5% of the total population translating to 1,330,312 PWDs against a population of 38,610,097. According to the 2007 household survey on PWDs, 79% of PWDs live in rural areas while the remaining percentage are to be found in urban areas mostly in informal settlement. The demographic configuration of Persons with Disabilities in Kenya is diverse in terms of geographical distribution, category, gender, age, race, socio-economic status and other affiliations including political orientation.
2.0Legal and policy frameworks
Kenya has put in place legislative and policy frameworks geared towards protecting and promoting the rights of PWDs as follows:
2.1The CRPD
Kenya is a signatory to the Convention on the Rights of Persons with Disabilities having signed the Convention on 30th March 2007 and ratified on 19th May 2008. The Constitution of Kenya Article 2 (5) and (6) states that “any treaty or convention ratified by Kenya shall form part of the law of Kenya”
2.2National Legislation
(a)The Constitution
For the first time the constitution of Kenya which was adopted in 2010 have specific provisions for PWDs.
Article 7(3)(b) obligates the State to promote the development and use of indigenous languages, Kenyan Sign language, Braille and other communication formats and technologies accessible to persons with disabilities.
Article 21 (3) imposes duty on all public officers to implement the rights and fundamental freedoms of all persons, including PWDs.It states that “…All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth----” .
Article 27(1) guarantees the right to equality before the law and freedom from discrimination while sub-article (4) prohibits discrimination on the basis of disability. To give full effect to the realisation of the rights guaranteed under this Article, sub-article (6) obligates the State to “… take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination”.
Under Article 54(1), a person with any disability is entitled:
(a)to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;
(b)to access educational institutions and facilities, to reasonable access to all places, public transport and information; to use Sign language, Braille or other appropriate means of communication; and to access materials and devices to overcome constraints arising from the person’s disability.
(c)According to Article 54(2) The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.
Article 56 empowers the State to put in place affirmative action programmes designed to ensure that minorities and marginalised groups (including PWDs):
(a)participate and are represented in governance and other spheres of life;
(b)are provided special opportunities in educational and economic fields;
(c)are provided special opportunities for access to employment;
(d)develop their cultural values, languages and practices; and
(e)have reasonable access to water, health services and infrastructure.
Article 81(c) requires the electoral system to comply with the principle of fair representation for PWDs. Article 82(2)(c) requires that legislation ensures that voting at every election takes into account the special needs of PWDs. In addition:
(a)Article 90(1) requires proportional representation in allocation of party list seats in the National and County Assemblies;
(b)Article 91(1)(e) requires political parties to respect the right of all persons, including PWDs, to participate in the political process;
(c)Article 97(1)(c) makes provision for nomination of PWDs to the National Assembly;
(d)Article 98(1)(d) requires reservation of two sits in the Senate for PWDs;
(e)Article 100(b) requires enactment of legislation to promote representation of PWDs in Parliament;
(f)Article 177(c) makes provision for representation of PWDs in County Assemblies;
Article 232(1) prescribes the values and principles of public service, which include (h) representation of Kenya’s diverse communities; and (i) affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of PWDs. The values and principles of public service apply to public service in all State organs in both levels of government and all State corporations.
Article 258(1) guarantees the right to institute court proceedings whether in person or by a representative to enforce the rights protected by the Constitution. Accordingly, the Constitution allows proceedings to be brought by any person, group of persons or organisations to enforce the fundamental rights and freedoms of another. What this means is that disability cannot stand in the way of enforcement of one’s rights. Sub-article (2) permits public interest litigation.
(b)The Persons with Disabilities Act (2003),
The PWDs Act, 2003 makes provision for rights, rehabilitation and equal opportunities for Persons with Disabilities. It provides for among other things:
(i)the establishment of the National Council for PWDs (an advisory governmental agency that steers policy, legislation, actions and plans for the promotion and protection of the rights of PWDs) and the establishment of the National Development Funds for PWDs; and
(ii)the promotion and protection of a diverse range of disability rights, including accessibility, non-discrimination, equality before the law and the equalization of opportunities in education, employment and health services, and inclusion of PWDs in mainstream society
(c)The Children Act, 2001 (Act No. 8 of 2001)
The Children’s Act provides for the protection and welfare of the rights of all children in Kenya and explicitly prohibits discrimination against a child on the ground of disability.
(d)The Employment Act, (Chapter 22 of the Laws of Kenya)
Employment Act of 2007 (Act No. 11 of 2007) contains elaborate provisions aimed at protecting persons from discrimination in the employment which explicitly prohibits an employer to discriminate directly or indirectly, against an employee or prospective employee, or harass an employee or prospective employee on grounds of disability
(e)The Sexual Offences Act (Act No. 3 of 2006)
This extends special protection to persons with disability by providing that in sexual offences where the alleged victim is a person with mental disabilities, the concept of a “complainant” is extended to include a person who lodges a complaint on behalf of the alleged victim where the alleged victim is on account of the disability unable or inhibited from lodging and following up a complaint of sexual abuse.
(f)The Penal Code (Chapter 63 of the Laws of Kenya)
The Penal Code affords protection to persons with mental disabilities. Indeed, Section 146 protects persons with mental disability from sexual abuse.
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3.0Policy Frameworks
Several policy frameworks have been developed in support of the legislations already enacted such as:
- Kenya has a National Social Protection Policy.The Policy is aimed atimproving the coordination, impact, scope and effectiveness of social protection interventions. It aims at creating a social protection framework for all citizens, and in particular to support the poor to better access services and income generating opportunities that provide them with an adequate income and services.
- The National Disability Policy, which expresses the Government’s unequivocal undertaking to promote and protect the rights of PWDs in all spheres of social, economic and political life;
- the Special Needs Education Policy, which addresses matters relating to institutional capacity and special needs of children and learners with diverse forms of disability;
4.0Programs on Economic Empowerment and Social security
Currently, the government through funds budgeted for by parliament yearly is implementing various programmes and interventions aimed improving economic empowerment and welfare. These are;
- Access to assistive devices and services
The programme targets PWDs who need assistive devices or aids but cannot afford them. This enables PWDs to live an independent life with dignity.
- Education scholarship grants
The programme aims to assist PWDs to access education and training in order to access jobs. This programme aims to free PWDs from economic destitution.
- Economic empowerment
The programme targets groups of PWDs with grants for small loans to their members for economic activities to earn them sustainable livelihoods.
- Equipment and infrastructure for institutions
The programme targets institutions of education and training for persons with disabilities. It aims at upgrading their infrastructure and equipment to improve their enrolment capacity and quality of education and training offered.
- Cash transfer funds for Persons with severe disabilities
The programme target households caring for persons with severe disabilities. Currently, the programme targets 70 households from each of the then 210 constituencies.
6Albinism support programme (sunscreen lotions)
This is a new programme targeted at persons with albinism (PWAs). Among other issues the programme focuses on sensitization and education of persons with albinism and communities on albinism, mapping of Persons with albinism throughout the country and purchase and distribution of sunscreen lotion to reduce cancer cases among them.
5.0Other Programmes
5.1 Registration of persons with disabilities and organizations.
The government registers all persons with disabilities and organizations of/for persons with disabilities. Since its inception 152,524 persons and 1,300 organisations have been registered.
5.2 Mainstreaming disability in all national development
The government works with private and government institutions in ensuring that disability is mainstreamed in all workplace
5.3Capacity building and trainingof organizations for persons with disabilities to improve their capacity to implement the economic empowerment projects.
5.4Job placementfor persons with disabilities to secure 5% of employment opportunities in the private and public sectors as provided for in the in Persons with Disability Act 2003.
5.6Tax exemption
The Government provides tax exemption to persons with disabilities earning below US& 1,700 per month. They are also exempted from paying import duty on disability customized motor vehicles and other assistive devices imported for their use.
6.0 Lessons Learnt on Economic Empowerment of PWDs and Social Protection
- Though the Government is committed and has initiated several programs there is still high demand for support on economic empowerment and this therefore calls for other actors to join in such the newly created county governments' , private sector, donors, individuals etc.
- Need for more Advocacy on PWDs issues so that more individuals, organisations and the general communities çan appreciate disability and therefore support them in attaining economic independence. positively and organizations are improving on accessibility of PWDs.
- Disabled Peoples Organisations and other organisations working for PWDs to be united in advancing the interests of PWDs
7.0Conclusion
There can be no meaningful intervention or any effective mechanisms for the promotion and protection of the rights of PWDs in the absence of sound policy and legislation out of which programs that empower and protect PWDs can be de developed. The need to address the special needs of PWDs in African States calls for the recognition, adoption and ratification of universal norms and standards prescribed in international Treaties, Conventions and Protocols. Kenya has provided a foundation for the promotion and protection of PwDs rights for inclusion of PWDs in mainstream society but though a lot needs to be done to bring the disability issues to the international standard. I therefore thank the UN for putting the subject of Dîsability high on its agenda.
Thank you