Education: Monitoring the CRPD

It is the responsibility of the Ugandan government to monitor its own progress in the implementation of of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Besides the government's monitoring, there are many independent organizations that monitor the implementation of the CRPD as representatives of persons with disabilities. This blog post will discuss monitoring the CRPD.

Paul Emong in his 2014 thesis, The Realisation of Human Rights for Disabled People in Higher Education in Uganda: A Critical Analysis Drawing on the UNConvention on the Rights of Persons with Disabilities gives an overview of the monitoring of the CRPD:

 Article 33 of the CRPD, requires States to develop focal points in government to ensure policy coordination, establish independent monitoring frameworks and involve disabled people in the implementation and monitoring of the obligations in the Convention. This article has been complied with in Uganda. Uganda government has already established focal points on disability and as well as independent monitoring frameworks. What is therefore required is for government to ensure the full functioning of these focal points and independent monitoring mechanisms.

The key government focal point on disability is the Ministry of Gender, Labour and Social Development (MGLSD). In this ministry, a State Minister for Disability and Elderly Affairs coordinates disability affairs at government level. Below the Minister, a Technical Department for advising government on disability issues is established and is headed by the Commissioner who has now been designated as a focal person on the CRPD. Therefore, the Technical Department is the focal point for the government on the CRPD.

The coordination points (focal points) on disability for Uganda appears robust; as there exists also at district local governments level a position of Community Development Officer designated for disability affairs. There is also the Commission for Special Needs Education and Guidance, coordinating disability issues at the Ministry of Education and Sports. In education there is also an expanded disability coordination mechanism. At the Uganda National Examinations Board, a Special Educational Needs Desk is already established to coordinate issues relating to disability and national examination. However, the mandates of these structures are mainly on primary and secondary levels of education, which leaves a gap for coordination of disability issues in higher education.

On the independent monitoring framework, Uganda already established the Uganda Human Rights Commission (UHRC), the National Councils for Disability (NCD) and the Equal Opportunities Commission (EOC) as discussed in the previous section. These bodies have been delegated the task of monitoring the implementation of the CRPD.

On the involvement of civil society, in particular disabled people and their organisations, in the implementation and monitoring of the CRPD, Uganda has active civil society organised under the NGO Board, and active disability organisations which government on many occasions engages on matters of disability through NUDIPU as already stated in this chapter. A classic example of this involvement is the national elections of disabled people where government has been involving the disability organisation through NUDIPU on organising these elections. Another consultation with disabled people on national matters was during the development of Vision 2040. Another was during development of the National Poverty Eradication Action Plan (PEAP). 

In concluding this section, it can be stated that Uganda seems to be fairly fulfilling the provisions on establishing the structures required by CRPD to ensure effective implementation and monitoring of disability rights. But each of their roles needs to be defined clearly to bring about their effectiveness through avoiding problems associated with legitimacy and credibility; problems that are associated with those kind of institutions. Additionally, these institutions need money and strength of law to further enhance their individual effectiveness for these mandates. At the time of writing this thesis, these bodies have not provided any guidance on the meaning of disability discrimination and have not also done any work on higher education related to disability such as providing codes of practice.

The Commission for Special Needs Education and Guidance, coordinating disability issues at the Ministry of Education and Sports has already been discussed in Special Needs Education in Uganda: The Salamanca Statement. However, Emong notes that the Ministry of Gender, Labour and Social Development is the key government focal point on disability. I was interested to read their position on PWDs:

NATIONAL POLICY ON DISABILITY

Government through the Ministry of Gender, Labour and Social Development has a mandate to promote and protect the rights of persons with disabilities (PWDs). According to Uganda Population and Housing Census(2002), one in every 25 persons has a disability and hence making it a development concern. Some of the disabilities include difficulty in seeing, hearing, speech, moving and learning. The underlying causes of disability include but not limited to communicable diseases, congenital abnormalities and injuries. The situation has been exacerbated by poverty, illiteracy and varying degrees of negative attitudes. The Government is mandated to promote and protect the rights of persons with disabilities and the Constitution of the Republic of Uganda stipulates the need to empower and provide equal opportunities to PWDs. Government has focused on provision of health services, community based rehabilitation, vocational training, Universal Primary Education as key measures to empower PWDs. This policy on disability will contribute to the improvement of the quality of life of People with Disabilities (PWDs) through expanding the scope of interventions. The interventions will necessitate PWDs themselves to participate in designing, managing, monitoring and evaluating initiatives that are meant to improve their well-being. It will also ensure that the central government, local authorities, CSOs, parents and caregivers involve PWDs. Disability issues transcend all sectors. Therefore, the Public sector, Ministries, Local Governments, CSOs, NGOs and other actors should use this policy as a framework to guide planning, resource allocation and implementation of interventions of PWDs. The process of developing this policy has been consultative and participatory involving cross-section of policy makers, implementers and beneficiaries. I would like to extend my appreciation to all, Government Ministries, Local authorities, Private sector, Civil Society Organisations, Communities and persons with disabilities for their contributions to this process. I wish to acknowledge the logistical support of development partners especially the Norwegian Association of the Disabled and International NGOs. I am convinced that the zeal exhibited during the development of this policy will continue into the implementation phase. This policy is an inherent of the Social Development Sector Strategic Investment Plan (SDIP) which is itself a framework for operationalising the Poverty Eradication Action Plan (PEAP). Support and participation by all stakeholders is critical for successful implementation of this policy. I have no doubt therefore, that the policy address and redress the inequalities that PWDs experience in the society .

The current government policy is nonsense based on outdated figures. This is the reasoning. It is not in dispute that:

According to Uganda Population and Housing Census (2002), one in every 25 persons has a disability and hence making it a development concern.

However these figures are not up to date. 1 in 25 PWDs, represents 4% of the population. A wildly inaccurate figure if more recent data is assessed. This blog has shown that the total number of PWDs in Uganda, according to the 2011 figures, is 12.5% of the population that is 2 years old or over. Another 2014 report estimates the number of PWDs to be 19.2% (almost 1 in 5) of the population that is 5 years old or over (see Estimate of the Numbers of Persons With Disabilities (PWDs) in Uganda). 

Mbale PWDs demonstrate against Nanteza’s appointment

This article from August 2016 PDWs want authority to manage their affairs shows the extent of dissatisfaction of PWDs. If trees are protected by a government authority, how much more should PWDs be protected?

KAMPALA - A group of 11 organizations supporting persons with disabilities (PWDs) want government to create an authority that will manage their issues.

"If forests can have an authority – NFA – to protect the trees and environment, what about the PWDS who pay taxes and contribute to the national economy?” said Ambrose Murangira.

He is the executive director of the Uganda National Association of the Deaf (UNAD).

The group was meeting MPs on the committee of gender who are in the process of amending the PWDs Bill 2014. The piece of legislation is apparently being scrutinized by the committee chaired by Nakasongola Woman MP Margret Komuhangi.

"We want an enabling law to be enacted that will create an institutional framework with the mandate to protect, promote and develop PWDs’ affairs and health,” said Murangira.

The kind of authority the group wants will have powers to recruit professionals to manage their issues, have a vote on how disability funds are used, demand for disability aides like wheelchairs, white canes, hearing aid, crutches, hearing loops, Braille system used by blind and visually impaired to communicate, etc.

With the authority in place, it will make it a must for hospitals to recruit interpreters to help those who cannot explain clearly their ailments to get the right medication.

The group argues that their affairs are not catered for by the National Council for Disability (NCD), a government institution assigned to handle PWDs’ affairs under the ministry of gender, labor and social development.

They say NCD is not helping in voicing their concerns like funding.

"NCD is weak and swallowed up by the gender ministry,” said Murangira. “It should be strengthened to a level of an authority to carter for better governance of all PWDS."

The program officer at Disability African Rights Medi Ssengooba said PWDs, Uganda's largest minority group, face challenges in participating in and accessing education, employment, health care, transportation, political participation or justice.

And Hassan Mulondo, who is the general secretary for Uganda Albino Association, said most albinos lack the finances to buy medicine that treats the skin ulcers that affect them.

"In the Bill, there is no clause that addresses issues of albinism and yet we cannot afford most of the things we need to survive.”

The government agencies that monitor the rights of PWDs are using figures that are out of date. It is vitally important that organizations that have interests in the rights of PWDs campaign and maintain their presence. Almost 1 in 5 of the population is disabled over the age of 5 years has a disability. As the population grows older so the number of PWDs increases. 19.2% of the population is a significant proportion of the population to exclude from social life. The government should not be diminishing the contribution PWDs make to Ugandan society.