YEJIDE GBENGA-OGUNDARE reports that the advocacy to ensure people living with disabilities in the Nigerian society get total inclusion may remain a theory for a long time, despite various laws which seem unable to address the issue, based on lack of political will and poor implementation.
Discrimination against persons living with disabilities is not a Nigerian problem; it happens all over the world. And this is why most countries of the world are trying to move from established discriminatory practices by creating an inclusive society for persons with disabilities so that they can also explore their talents and contribute their quota to the development of the nation.
And while it is a general problem, Nigeria unfortunately is one of the major countries in Africa where the plight of persons living with disabilities is not taken serious despite various government commitments. This is why they are facing a degree of exclusion in governance, healthcare, education, employment, social and community life, despite the fact that, according to statistics, the population of persons living with disabilities in Nigeria is huge; it is estimated to be about 30 million, which is a figure much higher than the population of some West African countries.
In Nigeria, it has been a long and rough journey working towards ensuring inclusivity for people living with disabilities, despite ratifying the UN Convention on the Rights of Persons with Disabilities (UNCRPD) on May 28, 2007 and the Optional Protocol on October 27, 2008, long before getting disability act in operation.
But, in spite of a myriad of legislations at different levels for the protection and promotion of the rights of people living with disabilities, the laws seem to have no effect and level of compliance is too low to alleviate the sufferings of persons with disabilities. This remains a source of concern for legal practitioners and advocates who believe that Nigeria, being a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and its Optional Protocol, seems unserious about the welfare of people living with disabilities.
Indeed, the long years and over a decade long struggle that brought the disability bill into life; having failed to receive presidential assent three times and being it acclaimed as the longest and most protracted bill in the history of Nigeria, have not done anything to make the cause a success as inclusivity for people living with disability is still wobbling.
While Nigeria has made great progress towards a disability-inclusive society and the implementation of the Sustainable Development Goals (SDGs) in terms of policy, implementation is on the low ebb and many people living with disabilities are still left behind, stigmatised and stopped from aspiring to live a normal life.
Stakeholders advocate that the provisions of Section 12 of the 1999 Constitution of the Federal Republic of Nigeria limits the potentials of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and its Optional Protocol when it said that no treaty between the federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.
They insisted that the executive and legislative arms of government in Nigeria never thought of the importance of these instruments or the need to push it for domestication, reiterating that this is why continuous denial, stigmatisation, discrimination and abuse of persons living with disabilities remain a norm in Nigeria.
The Discrimination against Persons with Disabilities (Prohibition) Act 2018, which was signed into law on January 17, 2019, was seen as the panacea to lack of inclusion but till present, the actualisation of this legal instrument on disability remains a struggle though some states have their local disability, but implementation is still not impressive.
“The reality in Nigeria is that the electoral process has still not effectively made provisions that will holistically accommodate persons with disabilities despite the huge population of persons living with disabilities; little or no attention is paid to them or the laws protecting them except during the electioneering period, even children living with disabilities are at the receiving end of lack of attention from government as well as wrong set of belief from the people who only see them as fit to be beggars.
“Even public buildings are not accessible to them, employment opportunities are far from them and they face violence just because of their condition. This is even more challenging for women with disability. The situation being faced by people living with disabilities based on misconceptions, lack of care and political will power from government at all levels as well as lack of basic knowledge of human rights and discrimination makes life difficult for them. You now wonder, why do we have laws when they are useless?” Dotun Amos, a legal practitioner and advocate for better life for people living with disabilities queried.
Another lawyer, Olu Ibitoye said while the law stipulates that they shall be encouraged to fully participate in politics and public life, their exclusion in the political processes and practice make the law just words on paper, adding that the concomitant relevance of this law can only be activated where there is political will.
“Does Nigeria have laws protecting its citizens living with disability? Yes, many people have asked me that question a lot of times and it is surprising that they do not believe when I tell them yes. Can you blame them? They have not seen the effect of the said laws. The Nigerian government has laws, policies, plans, strategies and guidelines in raising awareness about persons with disabilities but they are laws on paper that have not added much value,” Ibitoye said.
Laws protecting people living with disabilities in Nigeria
Nigeria has laws, policies and guidelines aimed at fostering respect for the rights and dignity of persons living with disabilities; combat stereotypes, prejudices and harmful practices against persons living with disabilities and promote awareness of the contributions of persons with disabilities.
The Nigerian government has many legislations to this effect; National Policy on Albinism 2012; National Policy on disability in Nigeria 2017 and the most popular, the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018; which prohibits discrimination on the basis of disability and imposes sanctions including fines and prison sentences on those who contravenes it.
Also, Section 34 of the constitution of the Federal Republic of Nigeria, 1999 (as amended); which provides generally for the dignity of human persons and covers persons with disabilities can also be helpful as well as the Lagos State Special Peoples Act, 2010: which focuses on the establishment of an office for persons with disabilities, and to safeguard the rights of such people. Others include Nigerians with disabilities Decree 1993 and other disability laws and policies at states levels.
These laws were put in place by the government to combat stereotypes, prejudices and harmful practices relating to persons with disabilities had develop community based sensitisation and education campaigns; to stop human rights violations against persons with disabilities that are rooted in stigma and customary beliefs.
Challenges of law implementation
That the laws have not pulled their weight due to poor implementation is an indisputable fat according to stakeholders who attribute this to challenges that include lack of political will, weak enforcement of the laws which have been made to protect the rights of persons with disabilities and in their interest which are not properly enforced and implemented, ignorance of law among implementing agencies, inadequate funding as resources allocated to implementing policies and plans are often not enough and misconceptions.
“Negative attitudes, beliefs and prejudices are the main barriers as people do not see disabled people beyond their disability. And we also have to consider the bias of implementing agencies who also have officers living with myths and misconceptions as well as lack of data and information and lack of political will by the government to ensure to ensure that implementation is carried out due to need for votes,” Ibitoye said.
Legal remedies
According to Ibitoye, “the truth is, the laws are adequate but are they implemented?” The law even made provisions for legal remedies for persons with disabilities seeking compensation and reparation, which are enshrined in the Discrimination Against Person with Disabilities (Prohibition) Act 2018.”
Section 1 of the Discrimination Against Person with Disabilities (Prohibition) Act 2018 provides that a person with disability shall not be discriminated against on the ground of his disability by any person or institution in any manner or circumstances. A person who contravenes subsection (1), commits an offence and is liable to, if the person is a corporate body, a fine of N1, 000,000 and for an individual, it attracts a fine of N1, 000,000 or six months imprisonment or both.
Also, the Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 34 3(a) provides for steps to establish standards and/or good practices on the representation and portrayal of persons with disabilities in broadcast media, including codes, guidelines and other measures (legal, co-regulatory or self-regulatory)?
There are also legal frameworks to regulate social media in accordance with Article 8 and human rights standards on freedom of expression through the 2003 Nigeria Telecommunications Act and the Constitution of the Federal Republic of Nigeria 1999 (as amended); Section 39 which states that; Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference as well as the Freedom of Information Act 2011
“It is important for government at all levels to raise awareness regarding persons with disabilities and foster respect for the rights and dignity of persons with disabilities; to combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life and to promote awareness of the capabilities and contributions of persons with disabilities. But this can only be done if laws are implemented because Nigerians only understand the principles of deterrence. If the laws are not effected, you will still see parents using their kids to beg because they have disabilities in this era,” Mariam Ado, an advocate said.
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