The Africa Disability Alliance calls on
African Governments to ratify the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Persons with Disabilities in Africa.
The statement said “31 January
2018 will forever be engraved in the memory of the over 84 million African with
disabilities, including older persons and their supporters. The Assembly, during its 30th summit in Addis
Ababa, Ethiopia took a historic decision that a direct positive impact on the
lives of persons with disabilities giving effect to ADA’s vision of ‘An
African continent where people with disabilities enjoy their human rights”.
She said, the ADA recognises the
AU and its agencies as key partners in ensuring fulfilment of human rights for
people with disabilities in Africa. ADA has been collaborating with AU Commission’s
Department of Social Affairs (DSA) in Addis Ababa, Ethiopia (where ADA has a
regional office), African Commission on Human and People’s Rights (ACHPR) in
Banjul, the Gambia and the Pan African Parliament (PAP) in Midrand, South
Africa.
ADA has Observer Status with the
ACHPR (the ADA Chief Executive Officer (CEO) Mr Kudakwashe “AK’ Dube is an
expert member of the Working Group for Older Persons and Persons with
Disabilities) and a Memorandum of Agreement (MOA) with PAP which enabled the
organisation to play a pivotal role in the development and drafting the
Protocol.
ADA provided resources,
expertise, capacity, research evidence, diplomacy and international influence
that guided the development of the protocol. The organisations mobilised international,
regional, nation civil society organisations (CSOs), Disabled Peoples’
Organisations (DPOs), development cooperation partners in advocacy and lobbying
programmes that targeted the AU in its policy and legal reforms.
We would like to thank our partners
the African Union Commission, the Regional Economic Communities, the African
Commission for Human and Peoples’ Rights, the Pan African Parliament, and the
African Court on Human and Peoples’ Rights for their active participation and
support over the years.
In a statement to mark the
adoption of the Protocol, the CEO of ADA Mr K. Dube said:
‘This is a momentous occasion,
a key milestone in a journey that started more than eight years ago. It is
important to stress that the Protocol adds value to and is premised on the
provisions of the UN Convention on the Rights of Persons with Disabilities.’
He went on to say:
‘ADA acknowledges the key role
played by the African Union Commission, ACHPR, PAP, partners such as the Swedish
Development Agency (Sida), European Union, Christoffel Blindenmission (CBM),
Open Society Institute of Southern Africa (OSISA), Finnish Foreign Ministry,
GiZ, USAID and African governments who, since 2008 provided much needed support
at the various stages of developing the Protocol. We thank all organisations, academic
institutions, DPOs, ADA Continental Member Organisations[1]
and their leadership/management structures that provided invaluable inputs,
proposals and launched various campaigns that resulted in the endorsement of
the draft Protocol by the ACHPR, AU Special Technical Committees (STCs) and
other stakeholders. We thank the media, ADA network of Journalists, and Network
of Parliamentarians for the support and promotion of this Protocol and ADA’s
work in general.’
Mr K. Dube urged all the
fifty-five African countries to now ratify the Protocol in record time. He
addition, he said:
‘Our message to current and
future generations of children, youth, women, men with disabilities in their
diversity is that let us appreciate the efforts, sacrifices and determination
that went into the development and campaigns/programmes for the adoption of the
Protocol. Use this instrument in the enforcement of your rights and ensure that
all its articles are known and utilised by all persons with disabilities.’
The Africa Disability
Alliance Participation in the Drafting of the Protocol
The adoption of the ADP is a
product of advocacy efforts dating back to 2008. The initiative started with
the Africa Disability Alliance (ADA), former Secretariat of the African
Decade of Persons with Disabilities (SADPD), convening a roundtable in Cape
Town in 2011, which resulted in a Communiqué raising issues of concern on the
process undertaken by the African Union Commission on Human and Peoples’ Rights
(ACHPR) through its Working Group of Older Persons and Persons with
Disabilities in drafting an African Disability Protocol (ADP). This
subsequently resulted in a successful advocacy strategy that lobbied the
African Union (AU) to make the drafting process more inclusive and
participatory.
Thus, ensuring that the African
Commission in its process of developing the Protocol, ensured that the process
was progressive, participatory and inclusive. The approach included the
generation and utilization of knowledge on disability and human rights in
Africa for the purposes of developing sector position papers and
awareness-raising. Successful advocacy and lobbying work was undertaken through
the years. Several roundtable consultation sessions were held with
stakeholders, experts and disability human rights defenders across the African
continent.
The African Commission on Human
and People’s Rights at its 45
th session in 2009 put in place a
process towards promoting the rights of persons with disabilities. They
established a Working Group on Older Persons and Persons with Disabilities to
develop the initial and preliminary draft of the Disability Protocol. However,
this process was not consultative. Disability experts and ADA’s mobilised
stakeholders and successfully appealed for the process to be opened for wide
consultations and for the Working Group to be made inclusive of disability ex
perts. To inform the
process, ADA produced a discussion report to guide the debate for and
against the African Disability Protocol. It also argued why the provisions in
an ADP must be consistent with the minimum standards set in the UN Convention
on the Right of Persons with Disabilities. In November 2011, an inclusive ACHPR
Working Group started the process of drafting the ADP.
The African Disability Protocol
(ADP) builds on the rights enshrined in the United Nations Convention on the
Rights of Persons with Disabilities and UN charter. The protocol has an African
relevance, thrust and the adoption of the ADP is a major success the Africa
Disability Alliance and its partners in spearheading and driving the rights of
persons with disabilities in Africa. The protocol reflects a legal instrument
from an African perspective.
Article 1 of the Protocol
states the purpose as ‘---to promote, protect and ensure the full and
equal enjoyment of all human and people’s rights by all persons with
disabilities, and to ensure respect for their inherent dignity’.
Article 2 covers General
Principles; Article 3 General Obligations; Article 4
Non-discrimination; Article 5 Right to Equality; Article 6 Equal
Recognition before the Law; Article 7 Rights to Life; Article 8 Right to
Liberty and Security of Persons; Article 9 Harmful Practices ; Article
10 Situations of Risk ; Article 11 Right to Access Justice; Article
12 Right to Live in the Community; Article 13 Accessibility ; Article
14 Right to Education ; Article 15 Right to Health ; Article 16
Habilitation and Rehabilitation ; Article 17 Right to Work ; Article
18 Right to Adequate Standard of Living ; Article 19 Right to
Participate in Political and Public Life; Article 20
Self-representation; Article 21 Right to Freedom of Expression and
opinion ; Article 22 Access to Information Article 23 Right to
Participate in Sports, Recreation and Culture; Article 24 Right to
Family; Article 25 Women and Girls with Disabilities; Article 26
Children with Disabilities ; Article 27 Youth with Disabilities; Article
28 Older Persons with Disabilities; Article 29 Duties of Persons
with Disabilities; Article 30. Statistics, Data and Other Surveys; Article
31 Cooperation. The Protocol has other articles that important in the value
chain of ratification, compliance and implementation.
ADA encourages all African
countries to ratify and deposit the Protocol to the AUC in line with Articles
35-36. Without 15 countries adopting the Protocol, this law will not come into
effect.
The Africa Disability Alliance is
a technical agency that promotes the rights of persons with disabilities play
meaningful roles at as full members of an inclusive society and who have
important contributions to make to their families, communities, countries and
internationally. This includes the requirement that People with Disabilities,
as individuals and through their organizations, play a meaningful role in the
implementation, monitoring, oversight, evaluation and enforcement of
policy/legal instruments, policies and programmes that directly affect their
lives.
In order to achieve the
objectives of the Protocol, we appeal to our governments, development
(cooperation) partners, the private sectors and funding/technical partners to
support the Africa Disability Alliance (ADA) and all stakeholders to ensure
ratification, adoption and implementation of the Protocol.