PRESS RELEASE BY DISABILITY CAUCUS ON THE IMPLEMENTATION OF THE CONSTITUTION ON RIGHTS OF PERSONS WITH DISABILITIES
1. Constitution of Kenya amendment bill 2011.
We note with concern that the proposed constitution of Kenya amendment bill 2011 interferes with the rights of person with disabilities. This comes soon after the enactment of the Constitution of Kenya 2010 which provides numerous gains for persons with disabilities. Some of the gains that Kenyans overwhelmingly voted for include: non discrimination as provided for in article 27 (4) and (5), recognition of Kenya Sign Language, Braille and other formats of communication, an expansive bill of rights as well as affirmative action measures to ensure representation and participation of persons with disabilities in the political and electoral processes.
We note that the intended revisions will adversely affect representation by persons with disabilities, youth and workers by amending article 90 of the constitution to delete article 97 1 (c) and 98 1 (b) (c) and (d), thereby negating the principles of fair representation and proportional representation.
Article 90 provides a basis for representation for persons with disabilities as provided for in article 97 1 (C). Consequently, deleting this clause from article 90 takes away the rights of persons with disabilities to participate in the national assembly. The proposed amendments on article 90 do not provide clear guidelines for proportional representation by party lists.
What parliament needs to do is to fast track enactment of enabling legislation for persons with disabilities as opposed to taking away their right to be represented in parliament.
We wish to remind the Executive and Members of Parliament that only two persons with disabilities have been nominated to parliament in the entire 48 years of independence. The constitution of Kenya 2010 establishes a framework through which persons with disabilities and other marginalized groups are assured of representation. Achieving equality for women at the expense of persons with disabilities is indeed unacceptable and unconstitutional. Even as parliament debates the 2/3rd gender principle, it should also provide directions on how women with disabilities will be included. Parliament needs to look at issues of equality from a broader perspective than gender parity and equity as proposed by the minister for Justice Hon. Mutula Kilonzo.
We recommend that the bill should not be passed since it takes away the participation and representation rights of persons with disabilities.
We wish to remind the executive and parliament that the constitution of Kenya 2010 recognizes the sovereignty of the people. As such, there is need for wider consultations before such retrogressive amendments are put before Parliament.
2. Retirement age for persons with disabilities:
It is indeed very sad to note that the right of persons with disabilities to work and employment is put at stake by the manner in which the government is treating the issue of the retirement age of persons with disabilities.
The parliamentary proceedings of 19th October 2011 clearly demonstrated that there is a huge gap in policy and practice in Kenya. We recognize and commend the Members of Parliament who clearly demonstrated their concern for persons with disabilities and respect for a just society devoid of discrimination. These include the mover of the question Hon. Erastus Mureithi MP for Ndaragwa, Hon, and Aluoch Olago MP for Kisumu Town, Hon. Ekwee Ethuro MP for Turkana Central, Hon, Gitobu Imanyara MP Imenti Central, nominated MP Hon. Millie Odhiambo and the Hon. Speaker for supporting the voiceless.
We wish to notify parliament that the participation of persons with disabilities in education, employment and development in general is hampered by social, attitudinal and physical barriers. The barriers lead to late entry into the education system, minimal transition in education, late entry into employment and limited career choices for persons with disabilities. This is the premise upon which the Minister of State in the ministry of Public Service Hon. Dalmas Otieno extended the retirement age for persons with disabilities from 60 to 65 in March 2009.
The United Nations Convention on the Rights of Persons with Disabilities, of which Kenya is party, requires that the state should ensure reasonable accommodation for persons with disabilities at the workplace. It is therefore disheartening for the Assistant Minister in the Ministry of State for Public Service Major. Sugow to perpetuate discrimination and impunity. The Assistant Minister should know that human rights are inalienable, inter-dependent and indivisible. It is therefore improper for the assistant minister to suspend the realization of certain rights.
As correctly pointed out by the speaker, the Constitution of Kenya 2010 provides under article 2 (4) that any law that is inconsistent with the constitution is void and invalid.
We remind the Assistant Minister that the Persons with Disabilities Act of 2003 only provides for a minimum retirement age. Additionally, the Minister of state through a press statement on 20th March 2009 declared that, “persons with disabilities can work to the age of 65 if they so wish.”
We recommend that those persons with disabilities who have recently been retired be reinstated, and those in the process of retirement continue to work until this is conclusively deliberated upon. We also call upon the relevant law review organs to fast track the enactment of the Persons with Disabilities Amendment Bill 2011.
We also call upon the Attorney General to expeditiously give counsel on retirement for persons with disabilities. Further, we request MPs to continue supporting the noble cause of ensuring that the rights of persons with disabilities are respected, promoted and upheld.
Action Network for the Disabled is a member of this caucus and our CEO participated in the preparation of the press release and was amongst the people who read it to the media today at Safari Club Hotel
The Government, Parliamnent and the Civil Society should note the concerns of Persons with Disability Fraternity and act on the same with the weight and urgency it deserves.
ReplyDeleteIt appears that some members of parliament are not aware of the discrimination that persons with disabilities face. Our new constitution tries to equalise opportunities for persons with disabilities, to ascertain that they are represented in all decision making forums. Therefore any bills that negate this are null and void. Billy O'Wabucheli
ReplyDeletePeople with disability should be given a attention and special. And people who violate their rights should be given a right sanctions. I have a friend that have this problem and I love them so much. My heart hurt so much when I saw people violate his rights.
ReplyDeletepersons with disabilities ought to be respected at all costs. we should refrain from the "normalizing stereotype"where disabled persons are treated as any other normal human being. they deserve some special treatment, after disability is not inability! Have a responsible and caring attitude.
ReplyDelete