GFD_Reports

AT LAST.....HELPING THE DISABLED TO BREAK THE CEILING
Public agenda (May 29th, 2006)

The Public Agenda publication of 29th May 2006 has congratulated the tremendous contribution of Civil Societies for getting the Disability Bill to the floor of parliament and through to the Second Reading in Parliament. According to the paper, the bill has been unduly delayed for 13 long years, since Ghana first began experimenting with the 1992 Constitution.

The paper is of the opinion that if the bill goes through Parliament, and receives the Presidential assent, then the nation would have fulfilled an important requirement of the Constitution, and that is Article 37 (2), which provides that the state shall enact appropriate laws to ensure the protection and promotion of all other basic human rights and freedoms, including the rights of the disabled, the aged, children, and other vulnerable groups in development processes. Although the paper congratulated Ghanaians on their efforts, it said the bill placed an enormous responsibility on all, citing public facilities as some examples of edifices yet to be made user friendly by PLWDs. It said that the Ministry of Roads and Transport should ensure that the needs of the disabled are taken into account in the design, construction and operation of the transportation network in the country as well as putting up parking places reserved exclusively for PLWDs.

The paper concluded that achieving these would definitely come at a cost, however it was important for government to fast-track the development of disability friendly infrastructure. "We have come a long way and all stakeholders must resolve that the Disability Law works when it becomes operational. We must encourage persons with disabilities to take advantage of the opportunities that will be created with the passage of the bill, to prove to the rest of Ghanaians that the war waged on their behalf has not been in vain."

In a related publication, the Centre for Democratic Governance, (CDD), according to the GNA declared that the eventual passage of the Disability Bill was the greatest opportunity for government, Parliament and the public to secure the enjoyment of the rights of more than two million people living with disability in Ghana. The CDD said it was particularly interested in the Disability Bill because the rights of the disabled was a human rights issue. "The absence of such a legislation is a setback to putting the proper structures in place to facilitate disability activism. However, the provisions in our constitution have not transformed into well-articulated and designed policy programmes to change the fortunes and well-being of people with disability in Ghana."

Speaking at a press briefing in Accra, Dr. Appiagyei Atua, an Associate of CDD, stressed the need for the inclusion of a definition of disability-based discrimination in the bill before it is passed. He explained that although the rationale for the enactment of the bill is to eliminate discrimination against persons with disability, the bill does not have a specific anti-discrimination provision. "Our suggestion for the inclusion of this section is to provide the basis for the enactment of the law as well as the need for the recognition of affirmative action as the foundation for the promotion of disability rights in Ghana", he said.

He told journalists that the committee has proposed to address CDD's concerns, relating to the provision on criminalizing the making of derogatory remarks against persons with disability. "We feel that this is appropriate in view of the fact that this issue should be addressed through public education and sensitization." Mr. Kofi Asante, Constitutional, Legal and Policy Fellow of the CDD described the process leading to the drafting and laying of the Disability Bill in Parliament as a real model for good governance and victory for civil society. He commended Parliament for its efforts so far in promoting the platform for implementation and appealed to the media to continue with the campaign on the implementation of the bill to get it properly executed.

REPORT ON DEMONSTRATION FOR THE
LEGISLATION ON THE DISABILITY BILL - JANUARY 27, 2004

Background
Following persons with disabilities' agitation for a law on disability and the government's hesitation in passing such a law, the Ghana Federation of the Disabled at its Delegates Assembly (Dec 2003) decided that a demonstration be held in January 2004 to drum up support of the civil society and to pressurise government to enact the disability bill into law as a matter of urgency.

Members noted that for 11 years of three (3) parliaments in the 4th Republic of Ghana, no laws have been passed although article 29 of the 1992 constitution mandates governments to pass such laws to protect the rights of persons with disabilities.

Consequently, the Federation organised a demonstration on the 27th of January, 2004 with the aim of getting parliament to enact the law on disability.

Participants, numbering about 500, were from the constituent bodies of the Federation - the Ghana Association of the Blind, Ghana Society of the Physically Disabled, the Ghana National Association of the Deaf, the GFD Board and Staff; associate members of the Federation - Ghana Society for the Blind and National Society of Friends of the Mentally Handicapped Children, partners and friends as ISODEC, IBIS/DSI, Hope for Life, Echoing Hills, Voluntary Services Overseas, AFICIA, Sight Savers, among others.

Participants started arriving at the Accra Rehabilitation Centre from their various destinations at 7.00 am on the said date. The President of the Federation briefed the press on the purpose of the march and its routes. Members of the press were also served with copies of the resolution and handbills of the march.

At 10:15am the march started from the Accra Rehabilitation Centre with the police at post guarding the demonstration through the earmarked streets- Liberia Road through the Ministries to Parliament House and then back to the Accra Rehabilitation Centre. The demonstrators carried banners and placards some of which read "Mr President, let Article 29 be Meaningful" "Protect the rights of Persons with disabilities" "We need jobs, begging is not our Choice" "Enact the Disability Bill Now" " Disability is not Inability" "Mainstream disability issues"

The first point of call to present a resolution was the Ministry for Justice and Attorney General's Department. The resolution was received by the Deputy Minister, Ms. Gloria Akuffo of the Ministry in question. In the resolution, the Federation sought inter alia:

In her acceptance speech, she indicated that her ministry once worked on the bill and made some recommendations to the sector Ministry (MMDE). She promised to follow up on developments concerning the bill and to see what can be done immediately.

The next point for presentation of the resolution was the Ministry of Manpower Development and Employment (MMDE). There, members waited for about twenty minutes (20 minutes) before the Minister, Mr. Yaw Barimah came down to receive the resolution. The Minister was accompanied by the Deputy Minster in charge of Rehabilitation, Mr. John Jabaah Benam.

In his acceptance speech the Minister stated that they had issued administrative directives to some institutions for the implementation of some aspects of the bill before the passage of the law on disability. He went on to say that the bill has a lot of ramifications which need to be carefully studied before it is passed into law. He indicated that his Ministry is working hard to get the bill to parliament for its enactment.

The leadership of the Federation expressed their displeasure over the sluggish manner in which work on the bill has gone and the Minister's refusal to attend programmes of the organisations of persons with disabilities to which he had been invited. He reiterated his preparedness to open dialogue with the leadership of the Federation in order to find some solution to some pertinent problems like the aforementioned. The demonstrators then headed towards Parliament. On reaching parliament the security guard closed the gate for no apparent reason but protestors were allowed in after a dialogue with the leadership of the Federation and the Parliamentary Security Guards.

At Parliament, it was realised that the building is not accessible to some of our members especially those in wheelchairs. Due to this problem there was the need for the some Parliamentarians to come down to receive the resolution.

The resolution was received by the Minister of Parliamentary Affairs/ Majority Leader, Mr Owusu Adjepong, the Minority Leader, Mr. Alban S.K Bagbin, and the Clerk of Parliament on behalf of the Speaker.

In their acceptance speech they commended the leadership of the Federation for the peaceful and well organised nature of the demonstration. They recognise that though the disabled had some potentials, society tend to neglect them for no tangible reason. They informed the demonstrators that the bill is not yet in parliament and added that it was still with the executive. They promised to immediately liaise with the Ministry concerned to get the draft bill to parliament where action on it would be expedited. They mentioned that the House will count on the Federation for suggestions and inputs when the bill gets to parliament.

The leadership of the Federation expressed their displeasure with the fact that 11 years of three (3) parliaments in the 4th Republic of Ghana, no laws have been passed although article 29 of the 1992 constitution mandates governments for such laws to protect the rights of persons with disabilities. The Majority leader stated that he will consult the Clerk of Parliament to schedule a meeting with the leadership of the Federation to look at the way forward within two weeks of the demonstration.

From Parliament the demonstrators went back to the Accra Rehabilitation Centre where members were refreshed. Thanks to the demonstration, awareness has been raised in the general public on the rights of persons with disabilities and the need for the legislation on the draft disability policy: this is evident from interviews that have been conducted by the electronic and print media after the demonstration. It has also served as a wake up call for the sector Ministry to turn it's attention towards getting the bill to parliament for further work on it.

It is recommended that:

(a) as a measure of re-enforcing the need for the passage of the disability law, persons with disabilities should demonstrate at all levels (regional/districts)during the year.

(b) the Federation works in close collaboration with the MMDE to get the draft bill to parliament for action to be taken on it.

(c) that the sector Ministry makes available copies of the administrative instructions to the organisations of persons with disabilities for their study and comments, while it also puts in place the National Council on Disability.

(d) awareness raising among the general public on disability issues and rights of persons with disabilities should be intensified through the electronic and print media.

(e) to enable persons with disabilities to fight for and defend their rights, there is the need to sensitise persons with disabilities on the tenets of the disability policy document.

In sum, the Federation wishes to state that the recommendations above can be implemented only if it receives financial and material support from the donor agencies and sympathisers who consider this struggle for the passage of the law a noble course which is worth their support.

The Ghana Federation of the Disabled would like to express its sincerest gratitude to ADD-Ghana, ISODEC, the Ghana Police Service, IBIS/DSI, VSO, AFICIA, Echoing Hills, Sight Savers International, Hope for Life, Coca Cola Bottling Company Limited, the constituent bodies, and the general public for their concern for persons with disabilities in Ghana; we are also grateful to all and sundry for their efforts in making the demonstration a success.