James Ratemo
3 July 2007
Nairobi — The human rights of about three million disabled people in the country are grossly violated, a new report has said.
The report, 'State of Disabled People's Rights in Kenya - (2007),' reveals the injustices against the disabled committed by their families and the State, noting that disability is often seen as a burden and shameful.
Commissioned by the African Union of the Blind, in collaboration with the World Blind Union, the report sought to examine what could be done to strengthen the protection and monitoring of human rights of persons with disability.
The World Bank says 20 per cent of the world's poor are disabled people with more than 60 per cent of them living in the developing world. Notably, 56 per cent of Kenya's population lives below the poverty line.
Handing the report to Kenya National Commission on Human Rights, Centre for Disability Rights, Education and Advocacy Executive Director, Mr Mike Ngunyi, said the report covered a sample of 100 respondents in three provinces with high populations of disabled people.
"The report also aimed to clarify conceptual and policy issues while reporting on individual experiences and potential impact of the international treaty bodies in advancing protection of disabled individuals." Ngunyi said.
More than 25 per cent of the respondents, reported situations of abuse and violence in the work place. Many complained of double standards, especially with regard to their salaries.
"Their salaries were not paid in full because the employer alleged they had incurred extra expenses. Many women reported having worked as maids for months without pay," reads the report.
The findings also indicated that many people with disabilities were asked to leave their jobs because of disability, especially in cases where they got disability while working.
Other respondents reported mistreatment and abuse by public service vehicle operators and fellow commuters. Some blind people said they were given incorrect change or change in Ugandan or Tanzanian currencies, because they could not see.
About 36 per cent of the interviewees reported having experienced abuse and violence in the hands of their relatives. Others were victims of sexual harassment. In many cases their share of inheritance was taken away by their able-bodied relatives.
"This explains why so many people with disabilities are poor and beg on the streets where they are forced to endure more mistreatment," says the report.
The study shows that Kenya is party to major international human rights instruments and has signed ,but not yet ratified the international Convention on the Rights of Persons with Disabilities.
At the national level, the Government has enacted the Persons with Disabilities Act 2003, which creates the National Council of Persons with Disabilities as a statutory organ to oversee the welfare of disabled persons.
Though the Constitution outlaws discrimination on various grounds such as race, tribe and colour, it does not refer to discrimination on the basis of disability. In cases where discrimination based on disability has occurred, there is no law to guide enforcers.
The study also found that the law itself was discriminatory against persons with disability in certain cases.
For example, when prescribing principles of criminal liability, the Penal Code provides for the protection of "idiots" and "imbeciles". This language, says the report, is highly derogatory and does not even clearly identify the persons it seeks to protect.
Be the first to Write a Comment!
Copyright © 2007 The East African Standard. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
