Expert Group Meeting and Seminar on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 2-4 June 2003

Materials:

Seminar Documentation

Online resources

Policy, Programs and Activities to Protect and Promote the Rights and Dignity of Persons with Disabilities in Nepal

By
Ganesh Prasad Upadhyaya
Ministry of Women, Children and Social Welfare (MWCSW)

1. Brief Introduction of the Ministry

His Majesty's Government of Nepal (HMG/N) has established the Ministry of Women, Children and Social Welfare (MWCSW) with a view to bringing about extensive reformation in the existing situation of women, children, senior citizens and people with disabilities (PWDs) in the country.

In this connection, the Government has assigned this Ministry as a focal Ministry with specific responsibilities and mandates to make conducive environment and enjoyment of equal opportunities for all the oppressed, depressed, marginalized and people with disabilities.

For the protection and promotion of such sect of the population, the government has initiated some efforts and is going to implement and adopt policies and action plans regarding the development and utilization of such community.

The Ministry has two divisions and nine sections of working units. Social Welfare Division and Social Security and Reform Section have been assigned responsibility as well as working mandate for the protection, welfare & right of the persons with disabilities.

STUDY AND SURVEY DATA OF DISABILITY

There is no reliable data available in the country about the prevalence of disability. Tremendous variation prevalence data in disability has been presented by different agencies.

The survey data on disability in Nepal given by different studies are as follows:

Different survey on disabled persons show different data due to the different methodology adopted by institutions. The recent survey carried out by the National Planning Commission (NPC) and UNICEF 2001 is more comprehensive but this survey has not taken into account moderate and mild disabilities.

It is believed that there is about 5% of disability prevalence including all types of mild and moderate disabilities in Nepal. More than 90% persons with disabilities live in remote areas where basic needs are not meet. A detail and comprehensive survey in this field has yet to be done.

2. Disable Service National Policy - 2053 (1996)

Government has formulated a "Disabled Service National Policy - 2053 (1996). The policy and operational strategy towards persons with disabilities is the key document of HMG/N. It is definitely a positive step. It largely follows the conventional welfare approach towards persons with disabilities and HMG/N is trying to see possibility to transforming it to the right-based approach. The policy and strategic covers the following areas and services for the welfare and right of the persons with disabilities.

• Change the attitude towards disabled people, establish rights and opportunities for them.
• Amend laws to facilitate simple and dignified living of the disabled people with proper rights and welfare.
• Conduct disability prevention programs (Safe motherhood, nutrition, imposition of proper rules to stop or minimize road traffic accidents, etc.)
• Promote people's awareness on prevention and security through communication media.
• Update statistics and information, database.
• Implement program for free education to disabled people up to bachelor degree and launch special education program for disabled people with special needs.
• Arrange for free medical treatment.
• Conduct sports, entertainment and extra-curricular activities.
• Emphasize on family based and community based rehabilitation.
• Activate government and non-government agencies for employment.

The main objectives of the policy is to provide equal opportunities in all spheres of society by empowering persons with disabilities.

3. Current act and rules in relation to disability issue (Legislation)

"The protection and welfare of Disable Person Act" (DPWA) - 2039 (1982) and "The Protection and Welfare of the Disabled Person Rules (DPWR) - 2051 (1994)" are effective for the welfare of disabled persons.

HMG/N has now prepared to amend "The Protection and Welfare of the Disabled Persons Act 1982". This new Act will be tabled in the coming sessions of the Parliament.

The rights and facilities included under the existing act (DPWA) and rules (DPWR) are as follows:

• Exemption of fee in educational institutions (Educational Rights).
• Free education for two children of each disabled persons.
• Provision for free Health Treatment.
• Facility of free legal consultation.
• Employment opportunities.
• Tax exemption facilities.
• Traveling facilities.
• Priority for Disabled in Education, Training and Unbiased Employment.

Besides the above-mentioned Act and rules the following Acts and rules are equally important to the well-being and rights of disabled persons.

• Social Welfare Act - 2049 (1992) and Rules.
• Labor Acts and Rules
• Education Act - 2028 (1971)
• Child Act - 2049 (1992)
• Local Self Governance Act - 2056 (1999)
• National Code - 1964 (Muluki Ain - 2020)
• Money Order Regulations - 2031 (1974)

There has been provision of laws and policies at various level. There has been gap in implementation of these policies and laws.

4. International Commitment in relation to disability issue

Nepal has expressed commitment by accepting agreements, declarations and resolutions. Some international commitments are directly related to people with disabilities and some resolutions have been passed for the international community to observe on the basis of equality. Some declarations are for normal citizens to put into practice and some have additional provision targeting to positive improvement of the plight of disabled people.

Here are some major general agreements, declarations and resolutions relating to persons with disabilities:

• Universal Declaration of Human Rights - 1948
• International Convention on Economic, Social and Cultural Rights - 1966
• Declaration on the Rights of Disabled Persons - 1975
• International Year of Disabled Persons - 1981
• The World Program of Action Concerning Disabled Persons - 1982
• Convention on the Rights of the Child - 1989
• The United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities - 1993
• The Asian and Pacific Decade of Disabled Person - 1993 - 2002 and extended decade.

5. Major steps taken by HMG Nepal for the Welfare, Rights and Dignity of persons with disability. (Major Programmes and Achievements)

I. CO-ORDINATION COMMITTEE

A high-level co-ordination committee called "Disabled Service National Co-ordination Committee" has been formed under the Chairmanship of Minister for MWCSW. The representation is as follows :

• Concerned ministries,
• NGOs of self-help group and NGOs,
• Persons with disabilities.

Under the disabled service national co-ordination committee a sub-working committee has been formed with the aim to assist the main body and its programs.

The job of the co-ordination committee has been assigned as follows :

• To provide advice to the HMG concerning plan, policies and programs related to PWDs.
• To co-ordinate all the concerned agencies for the related activities in the context of PWDs.
• To monitor and evaluate the plan, policies and activities concerning PWDs.

II. ASSISTIVE DEVICES/SUPPORT SERVICES

Assistive Devices can make a significant difference to the persons with disabilities to make them activate and more functional. Now all together there are twelve agencies, hospitals, NGOs and private sectors that produce and provide ortho assistive devices in the country.

MWCSW has a program to strengthen the capacity of such organizations to produce and catering services of assistive devices i.e. orthoses prostheses, Braille scripts, white sticks etc. Every year 2000 persons with disabilities are benefited from these organizations.

III. COMMUNITY BASED REHABILITATION (CBR) SERVICES

Nepal is a poor and hilly country where more than 80% people live in remote rural areas. Need of the people with disabilities in the country are not met yet. For this reason they are likely to remain the poorest among the poor. It is almost not possible to provide services and opportunities to disable people from the center. Most of the services disabled people need can be effectively provided to them through the Community Based Rehabilitation Programme from the very community and village level. It is estimated that 70-80% of disabled person's need can be dealt within the Community level by developing and implementing Community Based Rehabilitation Programmes. Community Based Rehabilitation (CBR) is a strategy for providing services and opportunities for disabled people. It is formed on community initiatives and local resources both in the urban and remote areas. Awareness, Health, Education, Training, Leadership building, Income generation, Support services etc are the main activities of the program. Women working groups of CBR committee of disabled women for the purpose of gender equity is encouraged. It seeks to mobilize disabled people and their families on to promote the widest possible inclusion of persons with disabilities in mainstream of rural and urban development. CBR program is one of the major activities of the ministry. This program is run through local NGOs (self help group of disabled orgs.). The ministry supports the program by financing and directing from central and district level. Ministry also has an advisory and monitoring role to implement the program effectively. The ministry has identified five self-help organizations from different development regions working in CBR and started their empowerment since 2001. Besides the government efforts, the civic society is also providing services largely to persons with disabilities through CBR approach. Both Government and non-government organizations are working together in implementing CBR programs in different 35 districts of the country.

IV. PREVENTION OF CAUSE OF DISABILITY (HEALTH SERVICES)

Extended program on immunization, nutrition, safe motherhood and antenatal care programs are implemented through multilateral partnership has not only brought down infant, child and maternal mortality rate but also has increased life expectancy and significantly contributed in preventing congenital deformity and disability.

Free medical service in government hospital is available. Efforts of Health Ministry are aimed in preventing disability and also to reduce the disability through preventive and curative Health Care Service.

Distribution of Vitamin A Capsules, DPT and Polio Vaccines as a campaign is also conducted. As preventive measures nutrition and iodine program is continuously carried on. Besides these, government, NGOs and other hospitals are working to cure the disability.

V. PUBLIC AWARENESS

• The MWCSW is conducting special regular program for public awareness on disability. It conducts regular seminar, interaction and workshop at different levels in various regions, every year.
• It has also program to sensitize public through posters, bulletin and mass communication media. It has also published directories including the organizations, NGO, government agencies working for persons with disabilities.
• Last year it has translated ESCAP Agenda for Action from English to Nepali, which is already published.
• Every year we observe International Disabled Day on 3rd December.
• On the basis of WHO International Classification of Impairment Disabilities and Handicaps the government has classified the types of disabilities and published in the gazette and magazine for general and public information.

VI. SELF EMPLOYMENT/INCOME MAINTENANCE/TRAINING

• Every year 100-125 PWDs are provided vocational training so that they could lead a life of their own and be economically empowered. The program also assists PWDs in self employment enhancing their skills. Govt. has planned to launch such training courses for different types of disabled in all 5 development regions.
• Besides the government efforts the civic society is also providing vocational & skill training to PWDs.
• Social Welfare Council (SWC) has launched its micro credit scheme to promote income generating activities - targeting to PWDs. However, there is a need to make this program effective throughout the country.

VII. ALLOWANCE

Government has been providing Rs. 100 "disabled living allowance" per month, through Village Development Committee (VDC). Every year more than 3750 poor and helpless persons with disabilities are provided monthly allowance for their livelihood. Every Municipality and VDC has a responsibility to maintain records of persons with disabilities.

VIII. ACCESSIBILITY & COMMUNICATION

Nepal Television has been broadcasting news in "Sign Language" since last few years. Ministry is coordinating with concerned agencies to make Disabled Friendly Physical environment.

IX. DISTRIBUTION OF IDENTITY CARD TO THE PWDS

The ministry has run a program to issue Identity Card to the PWDs. The Chief District Officer has been given the responsibility to issue identity cards. Now this program is launched in all over the country. Its aim is to update records of different types of disabled persons for future plan.

X. SUPPORT TO THE SELF-HELP ORGANIZATIONS

The ministry regularly provides a small sum of amount as a matching fund to run the programs and activities of some self-help organizations of PWDs. In the last fiscal year the Ministry has supported to the different 24 organizations. Government has a regular programme to strengthening the capacity of such organizations.

XI. HONOR AND PRIZE

The ministry does monitoring and evaluations of those institutions/organizations, which are engaged in helping disabled persons. Certificate and cash prize are given as an honor to the best performers.

XII. EDUCATION

Special Education Council under the Ministry of Education and Sports runs Special need Education Program in 47 districts. Almost 271 resource classes are being run in (schools and organizations) provide special education for blind, low vision, deaf (hard of hearing) and mentally retarded children. Support services along with the residential facilities are provided to the needy disabled children in such a school. Education program also has initiated Early Intervention and Dictation in 35 districts so far. All together 12000 school going age of disabled children attend school. Now, the effort is being put to implement inclusive and integrated education in the country.

Scholarship and educational materials are provided to encourage them. Formal & non-formal education support is also there to increase the enrollment of PWDs.

6. Co-operation between different ministries in relation to disability issues

Disability is a multi-sectoral and multi-disciplinary issue. Disability prevention, rehabilitation and equal opportunities for the person with disabilities cannot be created through only one's efforts. There must be a proper coordination networking between all concerned ministries, especially within the Ministry of Women, Children and Social Welfare, Ministry of Health, Ministry of Education and Sports, Ministry of Local Development, Ministry of Housing and Physical Planning and other agencies. With this view, MWCSW has formed a Co-ordination Committee to co-ordinate on planning, policies making and monitoring of all the activities concerning disabilities.

7. Mainstreaming through Social Participation of PWDs

The social participation of disabled people depend on the community in which they live, the type of function, the type of disability they are suffering from, and their ability to participate. Participation of disabled people in the activities of the community, help for their sustainable livelihood. An inclusive and barrier free society is necessary for the advancement of PWDs. This development activities help disabled persons mainstreaming in social development and safety nets as well. Participation of disabled people are mainly included in the following areas :

1. Participation in the CBR committee and CBR workers.
2. Participation in social work VDC and Municipality.
3. Member of social organization and community based organization.
4. Employee, school management and teacher etc.

There is difficulty in participating widely in the social activities for PWDs. Social events like social gathering, religious gathering, festivals, weddings and other social events are common. Here are some activities, which make help mainstreaming the persons with disabilities in the development of sustainable livelihoods in the country.

• Involvement in CBR program.
• Inclusive education (Special Need Education).
• Self employment/income maintenance & Training.
• Social work in the community.

8. Right based approach to development

• Participation, equal opportunities and empowerment are the major components, which establish the ground for the dignified life of PWDs.
• Full participation of the PWDs in decision-making and development activities carry on PWDs in the mainstreaming in the national development.
• Government has tried its best to provide equal opportunity for the disabled persons to participate in training, education as well as the work force so that they can compete with the rest of the community member and become productive citizens of the country. This concept reflects the human rights, including the right to development.
• Government has made participation of persons with disabilities in policy and program formulations concerned with disabilities in some committees.
• There are equitable proper representation of PWDs and their organizations in national level agencies.
  1. Disabled Service national Co-ordination Committee.
  2. Special Education Council.
  3. Social Welfare Council.
  4. CBR Committee

9. National Plan of Action (Proposed)

The situation of persons with disabilities has to be carried out within the context of different levels of economic and social development. So, Co-ordination Committee in the Ministry has developed a National Plan of Action for the welfare and rights of PWDs on the basis of plans and policies. The proposed plan of action covers the following areas:

• Awareness Raising
• Special Need Education
• Rehabilitation & Medical Care
• Training and Employment
• Support Services
• Accessibility
• Facilities
• Capacity building of self-help organization of PWDs.
• Disability home and its operation.

The proposed National Plan of Action has been developed with the consent of concerned ministries and agencies. And, it is in the process to present in the cabinet for approval. And gender equity programme is needed to promote their rights and dignity.

10. Concern & Issues

1. The male disabled are given much more attention and care than the female disabled persons. Thus, the situation of disabled girls and women need to be considered carefully.
2. There is a need for a comprehensive national policy for the protection and promotion of the disabled persons in the country.
3. The challenge of integrating and including persons with disabilities in the economic mainstream has not been met broadly yet.
4. The persons with disabilities found to be in the prime working age should be taken to get involved in productive work.
5. There is a need to develop a comprehensive social security system to give complete secure feeling to PWDs.
6. There is a challenge to work with CBR strategy in remote areas as well as in massive way to bring PWDs in the mainstream of the development.
7. There is no any practice of accounting of PWDs contribution in the family and community. If we could address such issue, we will be able to create the positive image of disabled persons in the society.
   viii. Because, all of us have already recognized the dignity of such population as the integral part of human rights, there is a need to have a paradigm shift towards caring PWDs population from welfare-based approach to right-based approach.
8. Positive discrimination is needed until their situation becomes normal.

11. Major problems and challenges

• Lack of sufficient resources.
• Absence of proper co-ordination and networking among the organizations working for the welfare of persons with disabilities.
• Lack of long-term perspective plan.
• Although govt. has taken disability as developmental issue but there is a lack of prioritization.
• Unavailability of regional and international technical and financial assistance in adequate amount.
• Attitudes towards disabled people have not been changed.
• Absence of national report on implementation of rules, policies and programs.
• Lack of effective periodic monitoring and evaluation on disability.
• Lack of comprehensive impact evaluation of the activities performed by different ministries and agencies on disability.

SUMMARY AND CONCLUSION

If disabled persons are made available equal opportunities, they can strengthen and make their community productive. It would help them to empower and develop self-confidence that will help to eliminate the discriminatory attitude towards them.

Since disability is a multi-sectoral and multi-disciplinary issue, disability prevention, rehabilitation and equal opportunities for the persons with disabilities cannot be created through single effort.

So there is a need to build strong institutional mechanism at the government, NGOs and private sectors for proper implementation of programs for the persons with disabilities. Similarly, full participation and continuous efforts of the community and civic society is needed to make their life easy. There is also a need of long-term perspective plan, which will lead us to a goal prepared with collective efforts.

The government has expressed its sincere commitment at the international and regional level to implement UN standard rules, ESCAP agenda for action and other assurances. The aim of the regional framework for action identifies seven areas of priority action in the new decade, 2003-2012. And, it will achieve an inclusive, barrier-free and rights-based society for PWDs in the region. Priority of the government on disability issue along with the international technical and economic cooperation and support will surely promote the standards of living and dignified life of the persons with disabilities.

Future Five Years Plan & Programs on Disability
(As directed by 10th Five Years Plan)
2002-2006

• Free and equal opportunities on :

Education & Training
Health Services
Employment and Other Special arrangement

• Ø Participation of PWDs in

Formulating Policies and Plans
Co-ordination with concern agencies
Monitoring of Programmes and Evaluation

• Ø Creating awareness :

Preventive and Curative
Developing Positive attitude towards PWDs.

• Periodic Data base
• Networking (GO, NGO and Other) and Extension.
• Continuing distribution of Identity Cards.
• Strengthening the Capacity of Self Help Organization of PWDs.
• Continue Community Based Rehabilitation (CBR)
• Human Resource Development
• Support Services

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Last updated 06/06/03. Contact: facilitator@worldenable.net