The full implementation of Disability Act so that Persons With Disabilities can be fully integrated into the society has become sacrosanct considering Nigeria’s status in the UN charter on people in that category. OKEY CHRIS writes that the federal government can borrow a leaf from Anambra state government in that regard.
All over the world, persons living with disabilities such as the visually impaired, hearing deficiency, physically challenged and others derogatory termed ‘disabled’ are discriminated against by the society.
These people are stigmatised by friends and family members, who often infringe on their fundamental human rights like right to life, dignity of human person, right to personal liberty, right to fair hearing, right to private and family life, right to marriage, right to freedom of thought, conscience and religion and right to acquire and own immovable property anywhere, to mention a few.
As the world evolves, countries came together under the General Assembly of the United Nations and proclaimed the universal declaration of human rights which is also the UN Convention on the Rights of Persons with Disabilities aimed at making lives better for them. These are people with long-term physical, mental, intellectual or sensory impairment may hinder their effective participation in society on an equal basis with others.
The convention was adopted on December 13, 2006 at the UN Headquarters in New York and opened for signature on March 30, 2007, but it came into force on May 3 2008 and as of October 2018 has 162 signatories and 177 parties which include 172 states including Nigeria.
What the UN charter says
Article 9 of the convention, among other things, mandates members to ensure that PWDs live independently and participate fully in all aspects of life, have access on equal basis with others, physical environment, transportation, information and communications, including information and communications technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas such as buildings, roads, schools, etc.
How it has evolved in Nigeria
However, Nigeria is one country yet to domesticate the convention or have a disability law despite several attempts by both the House of Representatives and the Senate to legislate on it. The National Assembly first introduced a bill in the like manner, a Bill to Ensure Full Integration of Persons with Disabilities into the Society and to Establish a National Commission for Persons with Disabilities and vest it with the responsibilities for their education, healthcare, social, economic and civil rights, which was passed into law during the administration of former President Olusegu Obasanjo, who incidentally declined assent to it.
It was reintroduced and passed into law by 6th and 7th assembly but then President, Goodluck Jonathan also refused assent to it, and the 8th Assembly reintroduce it as Discrimination Against Persons with Disabilities (Prohibition) Bill 2018, which they equally passed into law on November 2018, awaiting President Muhammadu Buhari’s assent.
Interestingly, Anambra state made history by being first In the South East to pass it into law and assent to it as well. The Anambra State Disability Rights Bills 2015 was passed into law by the state legislative chamber on September 13, 2018, and was on December 18, 2018 signed into law by Governor Willie Obiano.
According to the State chairman, Joint National Association of Persons with Disabilities (JONAPWD), an umbrella body of clusters of disabled people organisations (DPOs), and Civil Society Organisations (CSOs) working on disability issues in the state, Hon. Ugochukwu Okeke, it came to fruition due to collaborative efforts of his association, Office of the Governor on Disability Matters, civil society groups, traditional rulers, religious leaders and many others.
Okeke said, “We started the journey together with other CSOs, media, JDPCs and development partners in 2013 with the 5th assembly of Anambra State House of Assembly as a private member bill sponsored by Hon. Val Ayika and Hon. Kingsly Iluba and others, respectively during which it scaled through first and second reading until it was passed on September 13, 2018 by the 6th assembly led by Rt. Hon. Rita Maduagwu.
“We are most grateful to Rule of Law and Anti-corruption (RoLAC) team in Anambra state for identifying and supporting JONAPWD Anambra state since early 2018 as one of their partners for EU 11th EDF National Indicative Programme. Their intervention through component 2.3 of their programme which focuses on achieving improved access to Justice for Persons with Disabilities through the promotion of law and practices that facilitate access to us is apt and timely as it has helped us get to this level so quickly. They also engaged us on a project titled ‘Advocacy Activities in support of Assent to Disability Rights Bill in Anambra State.’
He said that over 400,000 persons with disabilities in the state swung into action and started implementing the project by carrying out five key activities designed to achieve the stated objectives which include advocacy visit to three traditional rulers, advocacy visit to Secretary to State Government, senior special adviser on Disability Matters to Governor Obiano, the Attorney General, Ministry of Social Welfare, Children and Women Affairs.
“Others are sensitisation meeting with Anambra State Association of Town Union (ASATU), CSOs and media, roundtable meeting, enlightenment programme through radio and television. “JONAPWD in all our meetings/engagements during the project activities made special calls and appealed to His Excellency to assent to the Disability Rights Bill which we demanded as our Christmas gift, and he responded immediately,” the State JONAPWD leader maintained.
Okeke, while describing the new legislation as a sign that the state has begun to show genuine interest on the issues concerning PWDs, commended Gov Obiano and the state legislators for being ‘disability friendly’. He said, “The law gives the right of first refusal in queues and emergencies to PWDs and condemn the act of using persons with disabilities for alms begging, and guarantees access to education, justice, employment, encourages our active participation in politics, cultural and public life issues.”
PLWD speaks
Speaking on importance of the disability law, a physically challenged person and president, Customary Court, Agulu, Anaocha Local Government Area, Princewill Iwuafor, explained that the law protects and guarantees inclusiveness and equality of citizens with disabilities in the state and eradicates all forms of discrimination against them including rights to marriage.
Iwuafor averred that the law also makes provisions for establishment of a commission to be known as Anambra State Disabilities Rights Commission which comprises administration; social development, orientation and inclusion; legal services; monitoring and evaluation; among others and is charged with the implementation of government policies in the law in line with the United Nations Convention on the Rights of Persons with Disabilities and other disability matters.
Town union remarks
In another interview, the national secretary of Anambra State Association of Town Unions (ASATU), Hon. Peter Obidinma, said the law was apt and would bring about massive development of the state, adding that the association was poised to support JONAPWD in creating awareness for the law and for its full implementation and enforcement.
Expressing happiness on the new law, Barr. Chukwuka Ezewuzie, SSA to Gov Obiano on Disability Matters who also worked assiduously to see the law passed and assented to called on people living with disabilities across 181 communities in the state to work with their community leaders to ensure that the state government sponsored N20m choose your projects (infrastructural projects) and other public institutions.
In an interview, Mrs Josephine Onah of Rule of Law and Anti-Corruption (RoLAC), assured the supports of her organisations in sensitising the government and entire populace on developments and opportunities that abound in upholding the rights of the people living with disabilities.
An appeal to FG
Meanwhile, stakeholders all over the state have appealed to the state government to fully enforce and implement the law by creating and empowering the Anambra State Disabilities Rights Commission and other things required by the law. They also want the relevant authorities advocating for the rights of PWDs to emulate Anambra chapter of JONAPWD by engaging with all stakeholders at the executive and legislative chambers of the federal government in order to sign the passed National Disability bill into law for better society.
