Now is the time to show every single person with disabilities that they matter

Introduction

Persons with disabilities are often concerned with their welfare and how they can fairly compete with the so-called able bodied people in society. This is a genuine concern, given that the playing field is not level. It is not level because of limitations placed by impairments, attitudes, practices and beliefs. Because of these limitations, measures are required to level the playing field. One way to achieve the levelling is to make constitutional provisions. In 2008, Zimbabwe created a Government of National Unity (GNU) following disputed elections. Part of the mandate of the GNU was to lead Zimbabweans in crafting a home- grown constitution to replace the 1979 one that was crafted in Lancaster, United Kingdom at the end of colonial rule in Zimbabwe (Government of Zimbabwe, 2008). Indeed this assignment was accomplished with the final draft constitution receiving presidential assent on 22 May 2013. The document has been received with mixed reactions from several groups, including people with disabilities. 


 Background 

 The International Convention on the Rights of People with Disabilities (ICRPD) uses a social model of disability, and sees disability as long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder the full and effective participation of the affected persons in society on an equal basis with others. The view by ICRPD places emphasis on the role society plays in making impaired individuals disabled. This focus has also influenced the way Zimbabwe conceptualises disability. One of Zimbabwe’s pieces of legislation, the Disabled Persons Act Chapter 17:01 of 1992, defines a disabled person as ..a person with a physical, mental or sensory disability, including a visual, hearing or speech functional disability, which gives rise to physical, cultural or social barriers inhibiting him from participating at an equal level with other members of society in activities, undertakings or fields of employment that are open to other members of society. The views by ICRPD and the Government of Zimbabwe indicate that disabilities appear in various forms. They may be physical, cognitive, mental, neurological, sensory, emotional or developmental; at times a person may have multiple disabilities. There is often a misunderstanding of three words relating to disability, namely disability, impairment and handicap. The confusion surrounding these words is often seen in their use, verbally or in written form. At times they are used interchangeably, to mean the same thing. To clarify what these three words mean, it is crucial to describe the disability process. The process starts with impairment, followed by handicap and then disability. At impairment level, a person looses a body part. Thus, loss of a physical body part becomes impairment. For example, in an accident, a limb may be lost. This results in an impaired person. Alternatively, a brain cell responsible for memory may be damaged. The loss of that cell becomes impairment. Further in the process, a person whose limb is lost may be unable to work or walk. In the other case, a person whose brain cell responsible for memory is injured may also lose the memory function. Thus, loss of the function of walking, working or memorizing becomes a handicap. If a handicapped person fails to get a wheel chair that can compensate loss of body part and loss of function, then the person becomes disabled. Or if a person with a wheelchair is unable to access a building because it has stairs then that person becomes disabled. Disability statistics are a source of contention. The contention often emanates from what constitutes disability. Globally, it is estimated that over one billion people live with some form of disability (WHO, 2011). According to WHO, 15% of any given population has various forms of disability translating to over 1 billion people with disabilities in the world, of whom 2-4% experience significant difficulties in functioning. Over 75% of people with disabilities are in developing countries. In Zimbabwe, the statistics are equally contentious (Choruma, 2007 and Mtetwa, 2012). On the one hand, WHO estimates show that there are about 1,8 million people with disabilities in Zimbabwe, which is about 15% of the total population (WHO, 2011) 


 

Zimbabwe’s President Emmerson Mnangagwa launched the country’s national disability policy

Disability in Zimbabwe under the New Constitution: Demands and Gains of People with Disabilities

People with disabilities looked at the constitution making process as their biggest opportunity to have their dreams realized. They had numerous expectations including increased opportunities in health, education, social protection, habitation, participation and employment. Although they were excluded from the first stages of the process, they were later actively involved. The outcome of their involvement has been several provisions in the constitution addressing disability concerns. The extent to which these provisions are adequate or inadequate has been a subject of contention.We  looked at the provisions in the final version of the constitution that received presidential assent on 22 May 2013vis-a-vis the expectations and demands of people with disabilities and concluded that the new constitution, unlike the previous one, takes a more inclusive approach which is the one preferred by the people living with disabilities, their organisations as well as other people, organisations and interest groups interested in the cause of people with disabilities



Zimbabwe’s President Emmerson Mnangagwa launched the country’s national disability policy Zimbabwe’s President Emmerson Mnangagwa launched the country’s national disability policy on 9 June 2021 in Harare. The Policy which was developed with support from various stakeholders including the UN, seeks to address the marginalization and discrimination of Persons with Disabilities (PWDs), empower them to improve their own quality of life and enable them to contribute towards the national development agenda. It sets standards for the inclusion of Persons with Disabilities in all facets of life, thereby serving as an overarching policy framework on disability across all sectors, including the public, private and development sectors. President Mnangagwa called for an end to harmful practices, discrimination, marginalisation and exclusion of PWDs from participating in different sectors of the economy, adding that government departments should mainstream disability issues in their programmes.He called on citizens to stop treating people with disabilities as charitable cases but rather treat them as equals who are capable of productively participating in the building of Zimbabwe. The reality is that no one plans to be born with a disability or desire to acquire a disability. Hence, everyone has an equal chance of becoming a person with some kind of disability at any time. Guided by the values of Ubuntu, Hunu and the legislative obligations, both state and non-state actors have the collective obligation to do all which is possible for the fulfillment of the aspirations of this sector. The policy was crafted as a measure to assist in domesticating provisions of the Convention on the Rights of Persons with Disabilities which Zimbabwe ratified. It is estimated that about 1.4 million people have some form of disability in Zimbabwe. Zimbabwe was one of the first countries to ratify the UN Convention on the Rights of Persons with Disabilities in 2013 and remain one of the few countries in Africa with legislation that specifically caters for people with disabilities. By domesticating the UN Convention on the Rights of Persons with Disabilities, the country would have moved together with other progressive countries in putting disability on the national agenda. The national disability policy will ensure that facilities such as ramps, for those on wheelchairs and Braille for the visually impaired among other disabled friendly facilities are found in public places. UNESCO through the United Nations Partnership for the Rights of Persons with Disabilities (UNPRPD) and the European Union-funded Spotlight Initiative has been advocating for the rights of persons with disabilities in Zimbabwe.