DISABILITY AND THE RIGHT TO DEVELOPMENT:
MOVING POLICY TO PRACTICE
SUMMARY:
 HUMAN RIGHTS AND DEVELOPMENT
 HUMAN RIGHTS IN ACTION
 THE RIGHT TO DEVELOPMENT FOR PERSONS
WITH DISABILITIES
 EXAMPLE FROM RWANDA

HUMAN RIGHTS AND DEVELOPMENT
Human rights are a twentieth century
phenomenon developed in response to the
atrocities of World War II.
 They set out an internationally accepted moral
code by which the intrinsic humanity of every
individual is recognised and protected. Human
rights are the fundamental, universal and
indivisible principles by which every human
being can claim justice and equality (Albert and
Hurst).

HUMAN RIGHTS AND DEVELOPMENT
As the 24th Special Session of the UN World
Summit for Social Development and Beyond
(June 2000) declared:
 ‘The ultimate goals of development are to
improve living conditions for people and to
empower them to participate fully in the
economic, political and social arenas.’

HUMAN RIGHTS AND DEVELOPMENT

However, as has been repeatedly documented,
access to full and equal participation has been
denied to disabled people in almost every
country, helping to create conditions that result
in them being among the poorest of the poor.
HUMAN RIGHTS AND DEVELOPMENT

At the same time, being poor is not only about
being socially excluded but also makes people
much more vulnerable to contracting a whole
range of disabling impairments. Poverty and
disability are in this sense locked in the
embrace of a real dance of death.
HUMAN RIGHTS AND DEVELOPMENT

This is made far worse in developing countries
in the South, where the failure of economic and
social development is characterised by
widespread and seemingly intractable poverty
associated with wars and civil unrest,
malnutrition, poor sanitation, lack of
immunisation, inadequate health care, few
safety provisions and pollution. Such is the
music, which gives the dancers no respite.
HUMAN RIGHTS AND DEVELOPMENT

Human rights are indivisible and universal.
Continuing to leave disabled people out of
mainstream systems of development by
perpetuating discrimination and exclusion
violates these rights.
HUMAN RIGHTS AND DEVELOPMENT

From a human rights perspective, development
programmes can, therefore, no longer make
excuses for not addressing disability,
particularly as many development agencies
now claim to be working within an explicit
human rights framework
A HUMAN RIGHTS APPROACH TO DEVELOPMENT

Since the 1990s many multi-lateral and bilateral agencies have adopted a human rights
approach to development. This approach seeks
to ensure that each person is seen as having
an equal right to freedom, dignity, nondiscrimination and protection from the state
against abuse of these rights, together with
access to economic, cultural and social rights..
A HUMAN RIGHTS APPROACH TO DEVELOPMENT
It is argued that only by empowering all people
to be able to make decisions about their lives
will it be possible to reduce poverty and
achieve the Millennium Development Goals
 Persons with disabilities have been fostering
progressive social change by putting a human
rights approach to development into practice,
often many years before such an approach was
adopted by international agencies.

DISABILITY AND HUMAN RIGHTS IN ACTION
A rights based approach to disability and
development is about:
 Levelling the playing field so that people with
disabilities can access jobs, education, health
and other services.
 Removal of physical and social barriers; it is
about attitude adjustments for policy makers,
employers, teachers, health care professionals
and even family members.

DISABILITY AND HUMAN RIGHTS IN ACTION
A rights based approach is about ensuring
universal design, accessible technology, and
coordinated public programmes and service.
 The approach requires government to provide
the resources necessary to implement these
goals and to enforce penalties for those who
refuse to cooperate.’

DISABILITY AND HUMAN RIGHTS IN ACTION

Local organisations of disabled people run
income-generating projects such as chicken
farms or crafts, operate loan schemes for small
businesses, run local community based
rehabilitation services and work cooperatively
with local elders to raise the status of disabled
people in their village and to ensure greater
access and self- determination.
THE RIGHT TO DEVELOPMENT

The 13th item of the "Declaration on the Right
to Development 41/128" adopted by the UN
General Assembly on December 06, 1986,
"Recognizing that the human person is the
central subject of the development process
and that development policy should therefore
make the human being the main participant
and beneficiary of development"
THE RIGHT TO DEVELOPMENT

In practice, governments struggle to ensure
that the right to development is realized for
persons with disabilities. Research and our
experience at the Secretariat of the Africa
Decade of persons with disabilities have shown
that the major stumbling blocks are:
THE RIGHT TO DEVELOPMENT
1.
2.
Programming processes at national levels do
not include disability. In other words, disability
objectives and indicators are not included in
national development plans and budgets
Civil servants and other personnel responsible
for the implementation of policies lack
knowledge, will and skills to effectively
mainstream disability in their work.
THE RIGHT TO DEVELOPMENT
Political will is not backed by allocation of
resources to disability inclusive programmes
 General lack of prioritization of disability

EXAMPLE: FROM RWANDA

In Rwanda, the government and Disabled
People’s Organisations (DPOs) have
demonstrated that it is possible to collaborate
and practice inclusive planning and monitoring
of a National Disability Mainstreaming Plan
(NDMP).
EXAMPLE: FROM RWANDA
The process included the following:
 A Rwanda National Decade Steering
Committee (RNDSC) was established in 2005,
with the support and guidance of the
Secretariat.
 Objectives: to support the aims of
mainstreaming disability and persons with
disabilities in all sectors – including
development process.

EXAMPLE: FROM RWANDA
Role of this Committee was: awarenessraising, advocacy, capacity-building and
resource mobilisation.
 Methods used were: lobbying Ministries and
others (e.g., DPOs, CSOs, development
organisations, donors) to work together for the
benefit of persons with disabilities; research;
training and sensitization; representation of the
disability movement.

EXAMPLE: FROM RWANDA
The outcomes of this work were:
 Establishment of a strong legal framework for
persons with disabilities, including:
 The adoption of the Law to Protect the Rights of
persons with disabilities (2007);
 The passing of eight Ministerial Orders
affecting six Ministries responsible for
implementing this law (August 2009);

EXAMPLE: FROM RWANDA
The outcomes of this work were:
 The ratification of the UN Convention on the
Rights of persons with disabilities;
 The Constitutional amendment and Prime
Ministerial Order to establish the National
Council of persons with disabilities
(2010/2011)

EXAMPLE: FROM RWANDA
The design of a government-owned National
Disability Mainstreaming Plan (NDMP)
 Adoption of a comprehensive monitoring and
evaluation system for the NDMP.

NATIONAL DEVELOPMENT STRATEGIES OR
PLANS (NDS/P)
Inclusion can also occur in National
Development Plans or in the old Poverty
Reduction Strategy Papers (PRSP).
 Such inclusion could start with defining a
standalone disability strategy that is then
subsequently included in mainstream plans.
 It is essential that the process and nature of
inclusion should be participatory.

EXAMPLES OF INCLUSION IN NDS/P

Namibia Disability Mainstream Programme for
2011-2013


Multi-sectoral strategy to mainstream disability in all
sectors of government, from town councils to
national ministries
A budget of US$14 126 280 is required to get
implementation off the ground.
EXAMPLES OF INCLUSION IN NDS/P

National Disability Mainstreaming Programme
(2010-2019). Again:
1.
2.
3.
4.
The government takes a leadership role-all
government ministries validated the plans
The Programme uses sector-wide approachdisability is mainstreamed in all key government
ministries and budgets
Close collaboration with Civil Society Organisations
Secretariat to award Government Ambassadorial
Status
IN OTHER COUNTRIES-----
IN KENYA, TANZANIA, SENEGAL AND SOUTH
AFRICA:
1.
2.
NATIONAL DISABILITY MAINSTREAMING
STRATEGIES HAVE ALREADY BEEN DESIGNED
MAINSTREAMING STRATEGIES AT DIFFERENT
LEVELS OF SUCCESS
INCLUSION IN DEVELOPMENT COOPERATION
ARTICLE 32 OF THE UN CONVENTION ON THE
RIGHTS OF PERSONS WITH DISABILITIES
PROVIDES USEFUL GUIDELINES
 ESSENTIAL FOR DEVELOPED COUNTRIES TO:

1.
2.
INCLUDE DISABILITY AS AN INTEGRAL
COMPONENT OF DEVELOPMENT COOPERATION
PUT CONDITIONS THAT ENCOURAGE DEVELOPING
COUNTRIES TO INCLUDE DISABILITY IN
PROGRAMMES SUPPORTED THROUGH
DEVELOPMENT COOPERATION
TO ACHIEVE THE RIGHT TO DEVELOPMENT

FOR PERSONS WITH DISABILITIES, TO ACHIEVE
THE RIGHT TO DEVELOPMENT ENTAILS THE
FOLLOWING MEASURES:
DEVELOPING COUNTRIES SHOULD--INCLUDE DISABILITY STRATEGIES AND
BUDGETS IN NATIONAL DEVELOPMENT PLANS
FUNDED THROUGH DEVELOPMENT
COOPERATION
 INCLUDE DISABILITY AT ALL LEVELS IN ALL
SECTORS OF GOVERNMENT.

INCLUSION IN STRUCTURES
STRUCTURES SUCH AS:
 PARLIAMENT AND SENATES
 IN GOVERNMENT-AS MINISTERS AND DEPUTY
MINISTERS
 COMMISSIONS THAT ENFORCE HUMAN RIGHTS
(EG HUMAN RIGHTS COMMISSIONS)
 MAINSTREAM STRUCTURES, NGOS AND
PARASTATLS

INCLUSION: ESSENTIAL POINTS TO CONSIDERS
WITHIN THE UN:
 ADOPT A POLICY TO BACK-UP THE DISABILITY
STRATEGIES
 INTERNAL SECTORAL BODIES/STRUCTURES OR
PROGRAMMES SHOULD INCLUDE DISABILITY AS
PART OF DEVELOPMENT COOPERATION
STRATEGIES
 INCLUDE DISABILITY IN FINANCIAL INSTRUMENTS

INCLUSION WITHIN THE UN
CONTINUED PARTNERSHIPS WITH DPOS AND
NGOS.
 USE A TWIN-TRACK APPROACH TO ACHIEVE
INCLUSION IN PROGRAMMES
 IMPLEMENT THE UN CONVENTION ON THE
RIGHTS OF PERSONS WITH DISABILITIES

INCLUSION WITHIN THE UN
DEVELOP AND STRENGTHEN A NETWORK OF
INTERNAL DISABILITY FOCAL PERSONS WITHIN
THE UN AND ITS COUNTRY DELEGATIONS
 INCLUDE DISABILITY COMPONENTS IN
PROCUREMENT PROCESSES.

SUPPORT OTHER MEASURES
SUPPORT THE WORK OF THE UN SPECIAL
RAPPORTEUR ON DISABILITY
 SUPPORT THE AFRICAN UNION SPECIAL
RAPPORTEURS IN ORDER TO ACHIEVE
INCLUSION AT ALL KEY LEVELS OF
PROGRAMMING
 SUPPORT RESEARCH AND BENCHMARKING
STRATEGIES

CONSTRAINTS THAT NEED TO BE OVERCOME
POOR POLITICAL BUY IN THAT IS NOT BACKED
BY ALLOCATION OF RESOURCES
 POOR KNOWLEDGE AND COMMITMENT OF
SENIOR CIVIL SERVANTS TO THE OBJECTIVES
OF INCLUSION AND DISABILITY
MAINSTREAMING.
 GOVERNMENTS SHOULD AVOID HAVING
POLICIES WITHOUT BUDGETS

OTHER CONSTRAINTS
GENERAL LACK OF CAPACITY WITHIN
GOVERNMENTS AND CIVIL SOCIETY
ORGANISATIONS TO DESIGN AND
IMPLEMENTATION DISABILITY POLICIES AND
STRATEGIES
 NEGATIVE ATTITUDES TOWARDS DISABILITY
 WARS, CONFLICTS

ROLE OF THE SECRETARIAT IN INCLUSION

The Secretariat of the African Decade of Persons
with Disabilities (SADPD) is a technical agency
established initially to facilitate the
implementation of the AU continental plan of
action for persons with disabilities and now also
the UN Convention on the Rights for Persons
with Disabilities in Africa.
VISION
An African continent where people
with disabilities enjoy their human
rights
MISSION
An African knowledge-based organisation
that works in partnership with the AU,
African Governments, CSOs and DPOs to
promote inclusive development and
human rights for people with disabilities
ROLE OF SADPD




Catalytic-in the sense that it facilitates planning, skills
development and coordination at country level in order
to achieve a critical mass of expertise/support in the
disability programming processes
A technical agency that promotes guidance and tools for
disability mainstreaming and capacity building
A network that mobilises political support at all levels,
with the ability and resources to influence cross-border
political decisions
A reservoir of information and best practice
DEVELOPMENT COOPERATION
Facilitate country-level demand for disability
mainstreaming
 Facilitate access to bi-tri-lateral cooperation
that unlocks resources for the disability sector
 Facilitating the establishment of resourcing
mechanisms to support disability programmes
at continental, regional and national levels

THREE OVERARCHING PRINCIPLES
 Disability: and people with disabilities are
central to the organisation
 Development:
the Secretariat advocates for
inclusion of disability and people with
disabilities into development plans &
programmes
 Human
rights: people with disabilities have
the same rights as others-based on established
UN Principles
OPPORTUNITIES
A NEW DECADE 2010 TO 2019
 OBSERVER STATUS WITH AU COMMISSION FOR
HUMAN AND PEOPLE’S RIGHTS
 UN CONVENTION ON THE RIGHTS OF PERSONS
WITH DISABILITIES
 THE PROPOSED AU PROTOCOL
 UN SPECIAL RAPPORTEUR

CONTACT US







Block 5A, Sanwood Office Park, 379 Queens Crescent,
Lynwood, Pretoria, 0081, South Africa.
Postal Address: P. O. Box 1201, Menlyn Centre
0077, Pretoria, South Africa
Kudakwashe Dube, Chief Executive Officer
akdube@africandecade.co.za
Cell phone: +27(0)798720325
Faxmail:
+27(0) 866896242
THANK YOU