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EAC Disability Policy on Persons with Disabilities

Executive Summary

Under the Provisions of Article 120 (c) of the Treaty for the Establishment of the East African Community, the Partner States undertake to closely co-operate amongst themselves in the field of social welfare with respect to, among others, the development and adoption of a common approach towards disadvantaged and marginalized groups, including children, the youth, the elderly and persons with disabilities through rehabilitation and provision of, among others, foster homes, healthcare, education and training.

Article 39 of the Common Market Protocol signed in November 2009 provides for the harmonization of social policies by Partner States in the following areas:

  1. Good governance, rule of law and social justice;
  2. Promotion of equal opportunities and gender equality;
  3. Promotion and protection of the rights of marginalized and vulnerable groups;
  4. Promotion of unity and cohesion among the people in the Community.

Aware of the UN Resolution 61/196 of the Convention on the Rights of Persons with Disabilities;

 

Also conscious of the Assembly’s adoption of a Resolution urging Partner States to ratify the Convention; in addition to the motion seeking a Resolution of the Assembly urging EAC Partner States to implement the provisions of the said Convention passed by EALA on the 29th day of July 2009 in the 1st meeting of the 3rd session held in Dar-es-salaam in The United Republic of Tanzania; the EAC Secretariat together with the East African Legislative Assembly have developed a regional EAC Policy on Persons with Disabilities (PWDs).

This policy has emerged after a series of meetings and consultations the first one being the meeting of Experts on PWDs that took place from 3rd to 4th December, 2009 in Kampala. At that meeting, a preliminary analysis of the national legislations and policies, and the implementation of the UN Convention on the Rights of Persons with Disabilities were made. Delegates also identified the gaps, challenges of including Disability in the Millennium Development Goals (MDGs) and the current social protection initiatives in EAC Partner States. The meeting also identified common and emerging issues that were to be deliberated upon in the East African Disability Conference.

The policy will promote a framework for:

  1. Enhancing the recognition of the roles, contributions and potentials of PWD in the development process.
  2. Strengthening/developing the informal and formal community based support systems and actions for PWD.
  3. Recognizing that disability is not inability and providing special safety nets for PWD.
  4. Ensuring and improving access to rehabilitation, education, training and community sports.
  5. Guiding, coordinating and harmonizing interventions for PWD’s by stakeholders.
  6. Promoting and protecting disability rights as human rights.
  7. Promoting research on issues of PWD.
  8. Promoting the self representation of people with disabilities in all public decision - making structures.

This policy is consistent with the following international Instruments for promotion of human rights and these are:

  1. United Nations Universal Declaration of Human Rights ( 1948)
  2. International Convention on economic, social and cultural Rights (1966)
  3. United Nations Convention on Civil and Political Rights (1966)
  4. Convention on Elimination of all Forms of Discrimination against Women (1979)
  5. The UN Standard Rules on Equalization of Opportunities for PWDs (1993)
  6. The Convention on the Rights of PWDs (2006)
  7. The African Charter on Human and People’s Rights (1981)
  8. Continental Plan of Action for PWD in Africa (2002)
  9. Windhoek Declaration (2008)
  10. Common Market Protocol (2009)

The EAC policy on PWDs will promote and contribute to ensuring equality and equity. The policy will be used as a yardstick to inform other policies, programmes and sectoral plans among the EAC Partner States.

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