| Materials : Country Papers : Afghanistan 30th September 2003
LOCAL AND GLOBAL POLICIES ON DISABILITY IN AFGHANISTAN:
TOWARDS SOCIETY FOR ALL
Majid Turmusani - Policy Advisor to Minister of Martyrs and
Disabled.
DRAFT
Disability agenda in Afghanistan
Afghanistan is undergoing a complete process of reconstruction and rebuilding of its
social and economic resources. The long years of war had resulted in total destruction of
infrastructure of the country as well as the destruction of people's self confidence for
peaceful living in this region. Further, nature has been harsh to this already deprived
region and years of drought and resulting poverty have been major causes of impairment in
Afghanistan, especially those relating to malnutrition. According to the United Nations,
there are between 9 - 10 million land mines in the country and estimates indicate more
than 10% of total population being disabled.
The continued political conflict in the country resulted in limited services available
for war veterans and other disabled people. This conflict has always prevented healthy
development of civil life including law and order. Laws have often come to answer for
specific war and emergency situation including but not limited the families of martyrs,
war disabled and disabled people in general. Disability therefore was depicted and
regarded as a war issue and accommodation was made within an emergency context until
recently
For example, Afghanistan's earlier Constitutions of 1923 and 1963 have no reference to
disabled people at all, nor to the issue of vulnerable group's altogether. This is due to
a relatively peaceful ear in Afghanistan's history in early and mid of last century. The
first mention of disabled people in legal terms came in Afghanistan's constitution of 1987
and it was repeated again in constitution of 1990. In both Constitutions, Chapter Three
highlights the obligations and duties of Afghans citizens as well as their basic human
rights, and freedoms. Article Fifty Seven of both Constitutions state the rights of all
Afghans for health and social security. Specifically, this article emphases the
improvement of material welfare for the aged, war and work disabled and dependent of
martyrs.
The Sectoral Laws, for the first time in Afghanistan's history made reference to
disabled people in Laws of 1980 and 1987. Given the on-going armed conflict in the
country, not surprisingly, these laws confined and defined disability within the category
of war related injuries and called for material provisions for them including medical,
financial, and economic reintegration (Afghan Constitution: Law 1980/Article 3 and 4 and
Law 1987/article 57).
However, there are many global forces influencing the on-going process of rebuilding
Afghanistan including the international disability standards and laws, let alone the
self-awareness of local disability movement itself. The violations of human rights
including disabled people rights have provided impetus for measures to confront
discrimination practices against disabled people. Together these necessitate special laws
to ensure the rights of disabled people and their equal access to services.
These are amongst several other development challenges confronting the country and
affect disability sector as well as the future peace of the country. This includes
primarily the promotion of security; and creation of a social consensus on human rights,
dignity and the value of life through establishing the rule of law. This may prevent
impairments caused by war and violence.
Nevertheless, there are many signs of hope for the redevelopment of peaceful agenda in
Afghanistan including law and order. For example, the progress made on the political
front-bringing the Loya Jirga process on track and moving steadily towards a smooth
transition from Transitional Authority to a fully elected government in June 2004 is
promising. Work is also in progress on the National Constitution with a draft being
finalized during next month.
Meanwhile, there is on-going effort to develop policies for disabled people with
participations of all stakeholders including disabled users of services. A draft national
policy on disability is now being finalized and will be available during October 2003.
This policy document will set the scene for future sectoral laws on disability developed
by concerned line ministries.
The Ministry of Martyrs and Disabled (MMD) is leading a number of other line Ministries
including Ministry of Public Health (MoPH), Ministry of Education (MoE), and Ministry of
Labour and Social Affairs (MoLSA) in developing internal policies targeting disabled
people. It is noted however, that these policies are still limited in their scope focusing
only on certain categories of disabled people. Overall, disability issues are not being
given a full priority in the respected programs developed by various ministries.
For example, the Interim Health Strategy of Ministry of Public Health 2002-2003, states
the importance of supporting disabled people. Disability in this policy document has been
included within wider discussion of vulnerable groups such as homeless, women and
displaced people.
The Ministry of Public Health after consultations with various stakeholders, concluded
that mental health and disability issues don't constitute a priority for the Basic Package
of Health Service in Afghanistan at this stage. Although MoPH recognizes the significant
proportion of disabled people in the country, availability of resources has unfortunately
determined their priorities and influenced the overall health planning.
Education policy in Afghanistan, on the other hand, has no reference to special
education of disabled people including higher education. In late 2002 the Ministry of
Education supported by UNICEF drafted the Policy for the Rehabilitation and Development of
Education in Afghanistan. This policy document in its First Item states a compulsory
primary education for all regardless of gender, ethnicity, language or religion. There was
no reference to compulsory education for disabled children unfortunately. Instead, there
was indirect emphasis on the prevention of impairment by various educational strategies.
This includes awareness raising of the negative consequences of terrorism, drug addict,
war/conflict and discrimination all of which may be considered causes of impairment. No
educational intervention for disabled children was yet mentioned.
As for specific policy on employment, the Ministry of Labour and Social Affairs have
developed some guidelines for the employment of disabled people. The long years of war
with large numbers of war veterans have necessitated special provisions for war disabled.
These regulations however have mainly focused on war disabled and other types of
disabilities were as a result excluded.
A recent survey conducted by Ministry of Labour and Social Affairs and International
Rescue Committee (IRC) has found very high level of unemployment among disabled people
estimated by 84%. Same study has found that services for disabled population are mainly
centered in big cities, especially in Kabul region. MLSA attempts to address this nation
wide problem by developing special guidelines for the employment of disabled people. In
their internal regulations fro example, MLSA has recently emphasized the need for the
vocational training of all disabled people as well as their need for welfare benefits and
employment.
The most comprehensive policy position on disability was drafted in early 2003 as a
result of highly political situation created by disabled war veterans. The repeated
dissatisfaction of war disabled in Afghanistan has led the Ministry of Martyrs and
Disabled to join efforts with three other ministries and propose policy for protecting the
rights of war disabled and families of martyrs. Line Ministries included Ministry of
Transportation, Ministry of Reconstruction, and Ministry of Labour and Social Affairs.
In this joint policy statement, MMD has been given a principal role for the
registration, data collection and referral of war disabled to concerned line Ministries.
MMD was also tasked with the responsibility of employing disabled war veterans, an issue
still under debate until now.
This policy document has also advocated financial benefits for war disabled and
families of martyrs. Financial support has been determined for the above group ranging
between 6-14 US$ for war disabled and 11 US$ for family of martyrs. This is coupled by a
family consumption worth of wheat for poor cases as applicable.
This policy proposal has also stated a quota of 2-3% for reserved employment of
disabled people in public sector if they posses required abilities to hold the job in
question. Finally, this policy stated free health care for war disabled as well as
discounted air travel and land for housing cases with no ability for securing basic
shelter.
In conclusion, work on disability policy is still under development and in its early
stages. Existing sectoral policies and programs by line ministries remain scattered and
uncoordinated focusing mainly on war disabled. This draws the attention to the urgent need
for much emphasis be given to the rights of all disabled people as priority issue. There
is a growing national and international support for including a number of paragraphs
ensuring the rights of disabled people in all spheres of life in the recently drafted
National Constitution. MMD after consultation with UNESCAP has officially requested the
National Constitution of Afghanistan to include a number of paragraphs on disability which
are quoted from Constitution of Timor Leste.
Why we need convention?
Supported by the international community, Afghan society is witnessing a process of
rebuilding of its capabilities including its legal system which deals with disabled
people. As development issue, disability focuses on human rights and hence this concerns
the international community as much as any national government. A culturally sensitive
shift from needs based approach to a rights based approach as stated in various
international norms and standards is needed. This shift has to be in line with current
efforts to reach Universal convention on disability by UNESCAP where the rights of
disabled Afghans are recognized in accordance with international standards.
Upon the ratification of the proposed convention, the government of Afghanistan is
legally bound to transform disability rights stated in the convention into national
legislations and policies that empowers disabled people. National legislations in turns
will be important tools for promoting the rights of disabled people and facilitating
social change regarding their position in society. International norms concerning
disability cited in the convention will be very useful means for setting common standards
for future national disability legislation.
Risks and assumptions for recently drafted convention on disability
This recently proposed draft convention presents historic opportunity for international
effort to reach peaceful and just society of all where disabled individuals are valued and
respected because who they are and not what they are in accordance with previous universal
statements of human rights. Cultural variations among societies in terms of level of
development as well as national abilities to accommodate various conventions articles
should be clearly noted in this convention.
Although legally binding document, poor governments who often make the violations
against rights of disabled people will find a good excuse for not complying with such
convention justified by their lack of resources. Global and collective responsibility to
support disabled people programs, especially in poor human rights record countries might
be one strategy to better enforce such convention.
There is obvious and clear shift from medical into social and human rights perspective
of disability in this convention. However there is still room for emphasizing how
disabling barriers create disability and presents opportunity for discrimination. Hence,
agreement with special rights for vulnerable disabled groups such as women with
disabilities, people with multiple impairments, severe and invisible impairments, and war
disabled. These groups may experience higher degrees of prejudice and discrimination.
More emphasis should be given to research practices and their politics in the
identification of disabling barriers as well as removing them.
Conclusion
In this brief country paper, the analysis regards political conflict and war as key
factors for creating disability and presents stability and peace as environments for true
development where disabled people find opportunity for full contribution in rebuilding
their society. Several other societal and attitudinal factors are equally responsible for
the creation of impairments and disability nevertheless.
With the democracy ideals spread all over the country, there is need for changing
approaches in supporting disability sector in Afghanistan from service delivery into
capacity building. Focus should be given to the potential role of disabled people and
their organizations/groups in the development process and the value of collective action
for social change. Collective action also includes international initiatives such as this
proposed convention to protect the rights of disabled people and promotes society for all.
References:
Afghan Constitution (1980) The Law of the Rights of the Revolutions Injured, Disabled
and Dependents of Martyrs, ratified in 1982.
Afghan Constitution (1987) Chapter Three on Citizenship, Basic Rights, Freedoms, and
Duties of Citizens. WWW.AFGHAN-WEB.COM/HISTORY/CONST/CONST1987
Afghan Constitution (1990) Chapter Three on Citizenship, Basic Rights, Freedoms, and
Duties of Citizens. WWW.AFGHAN-WEB.COM/HISTORY/CONST/CONST1990
Agnew, M (2003) Labour market information Survey. International Rescue Committee (IRC)
in cooperation with Ministry of Labour and Social Affairs..
Ministry of Education (2002) policy for the rehabilitation and development of education
in Afghanistan.
Ministry of Labour and Social Affairs (2003) internal regulations for national
employment.
Ministry of Martyrs and Disabled (2003) Policy proposal for a commission to protect the
rights of war disabled people. February 2003.
Ministry of Public Health (2003) Interim health strategy 2002-2003.
Ministry of Public Health (2003) A basic package of health services for Afghanistan.
UNDP (1997) Poverty Eradication and Community Empowerment. UNDP, Afghanistan.
Wardak, A, Faiz IM, and Turmusani, M (2003) Disability policy development in
Afghanistan: towards barriers free society. UNESCAP, Bangkok.
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