DISABILITY SECTOR CALLS FOR IMMEDIATE PROMULGATION OF DISABILITY RIGHTS BILL

• Parents and non-profit organisations across South Africa have called on the government to expedite the promulgation and implementation of the Disability Rights Bill.
• This was raised during a two-day consultative process in Boksburg, where individuals and organisations focused on improving the living conditions of persons with disabilities.
• The consultation looked at how persons with disabilities remain disproportionately excluded from accessing services, work opportunities, healthcare, and basic education opportunities.

Participating in a two-day consultative session focusing on improving the living conditions of persons with disabilities, parents, and non-profit organisations (NPOs) across South Africa made a clarion call for the government to expedite the promulgation and implementation of the Disability Rights Bill.

The call came from a two-day consultative session jointly hosted by the Department of Social Development and the Department of Women, Youth and Persons with Disabilities at the Birchwood Hotel and Conference Centre in Boksburg.

A first for South Africa and taking its cue from the Bill of Rights expressed in the Constitution of the Republic of South Africa and the White Paper on the Rights of Persons with Disabilities, the Disability Rights Bill, known as the Promotion of Equality and Protection Against Discrimination of Persons with Disabilities Bill, seeks to advance and safeguard the rights of all persons with disabilities, promote equality, dignity, effective inclusion, as well as address discrimination.

The Constitution places the obligation on the state to respect, promote, protect and fulfil the rights in the Bill of Rights, including the rights of persons with disabilities.

It does so through the legal framework which creates primary responsibilities for key government departments to promote and protect the rights of persons with disabilities, giving effect to the Convention on the Rights of Persons with Disabilities, of which South Africa is a signatory.

Excluded by physical and social barriers

During the breakaway session deliberations, the disability sector acknowledged that despite significant progress, persons with disabilities remain disproportionately excluded from accessing some services, work opportunities as well as access to healthcare and basic education opportunities due to physical barriers, shortage or lack of schools for children with special needs.

As a result, the number of persons with disabilities reaching their full potential remains alarmingly low.

Parents and organisations also spoke of discrimination faced by persons with disabilities and raised their hopes that the Bill will give them the full force of the law for redress whenever they are discriminated against.

They urged for the adoption of the whole-of-government approach and urgent action so that persons with disabilities get the essential support they need to live fulfilled lives.

On the question of how can NPOs contribute to the implementation and awareness of the Bill, NPO representatives said that they also have a responsibility to share information with their constituencies and be on the ground as part of monitoring implementation, citing the need for a Memorandum of Understanding on NPOs funding for awareness and advocacy-related matters.

The need to consolidate data

The sector representatives emphasised the urgent need to ensure that all key departments that have a legal mandate to implement proposals in the Bill are held to account through the adoption of codes of good practice, penalties for defaulting parties, as well as the establishment of the conflict administration unit, amongst others.

The lack of reliable and disaggregated national data on persons with disabilities was highlighted as one of the barriers to addressing disability inclusion.

The consultative session heard that the national database would lay the foundation for more inclusive policies and tangible improvements in the lives of persons with disabilities. The Parents Commission recommended the inclusion of formal parenting structures in the Bill.

In response to the disability sector’s concerns, the Deputy Minister of Social Development, Ganief Hendricks said in a statement: “While we celebrate the significant achievements of the last 30 years, we recognise many barriers persons with disabilities face every day and that is why we want to introduce this piece of legislation to Parliament to bring about the necessary change and improve their lives for the better.”

He added: “We greatly value the contribution of organisations representing persons with disabilities to build a caring and inclusive society for all.”