Convention of Rights 22: Freedom of expression

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) forms the foundation of disability rights laws in Uganda and is the model for the Persons With Disabilities Act (PWDA) 2006. The CRPD underlines and recognizes that persons with disabilities (PWDs) are entitled to all the human rights enunciated in the The Universal Declaration of Human Rights. If you are a PWD the rights in the CRPD are your rights, if you do not have a disability it is your duty to uphold and promote these rights.

Article 21 of the CRPD says PWDs have the right to express themselves and their opinions in whatever way they want. That includes freedom to seek, receive and impart information equally with others using any means of communication of their choice. That includes:

• Providing information intended for the general public to PWDs in accessible formats or technologies without additional costs.
• Accepting and facilitating all forms of communication.
• Urging anyone that provides information to the general public to provide information and services in in usable formats for PWDs. 
• Encouraging mass media providers to make their services available to PWDs.
• Recognizing and promoting the use of sign languages.

Freedom of expression is indispensable for the full development of persons and it is a cornerstone of a democratic society. That makes this right is indispensable for the realisation of other rights. The 2017 paper Article 21 [Freedom of Expression and Opinion, and Access to Information] speaks about the relationship of PWDs to this right:

From the right to participate in political life to the right to education, from the right to work to the right to participate in cultural life, the precondition for their effective enjoyment is the ability to develop and exchange one’s own ideas.

For PWDs one of the greatest barriers to freedom of expression is the attitude of others. Prevailing attitudes and stereotypes often make an environment where the opinions of PWDs are not welcome. Even when PWDs express their opinions they may not be accepted as worth consideration equally with others. Freedom of expression may be a problem for people with mental health disabilities who often feel pressure to conform, not only in their way of thinking but their way of expression.

The 2003 qualitative research paper Chronic Poverty and Disability in Uganda presents a study of the relationship between disability and long term poverty and is full of useful observations from people's experience. The paper makes the interesting point that politically the views of disabled people are often ignored and seen as being of little importance. This leads to further marginalization. The report also says:

Given the now much acclaimed affirmative action for disabled people it was assumed that articulation of disabled people’s needs in existing governance structures through disabled people’s representatives had now taken root, and was beginning to yield positive results. The reality on the ground was rather different. In nearly all sites that the study team visited disabled councillors were unclear about the role that they were supposed to play. For many preoccupation was with what appeared like “peripheral issues” in disability, such as obtaining some mobility appliances for members (Gamba, Mukono and Ibanda, Mbarara), or having some money voted for supporting disabled persons in undertaking their livelihood (income generation) activities (Iganga). Once a vote was created in the Local Council’s budget, any disabled councillor trying to raise an issue regarding the welfare of their constituents would be quickly rebuffed with such words as: “your budget already exists - use that”. Sadly, too, even when votes have been created there is little evidence to suggest that such monies are ever realised.

If you are a PWD your opinion counts just as much as any other person.

Disability Arts Project Uganda.
Disability Art Project Uganda (DAPU) is a community of PWDs who come together with an aim of empowering their fellows with disabilities to develop practical skills, confidence and fulfill creative potential.

This is written in Article 21 of the CRPD in the following way:

Article 21 

Freedom of expression and opinion, and access to information

States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention, including by:

(a) Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost;

(b) Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions;

(c) Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities;

(d) Encouraging the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities;

(e) Recognizing and promoting the use of sign languages.