Pakistan Country Paper

Muhammad Majid Qureshi
Director, Special Education

SPECIFIC LEGISLATION

In Pakistan, the existence and prevalence of disability, the need to take preventive measures and to make creative efforts are well recognized at both the governmental and non-governmental levels. Efforts have been made to carry out nation-wide programmes for the prevention of disabilities and for the rehabilitation of persons with disabilities.

The Constitution of Pakistan itself provides for social development of all segments of society including the vulnerable groups i.e. the poor, destitute and PWDs. We have many laws for the social and economic empowerment of the disabled persons. The most comprehensive and powerful law is known as “The Disabled Persons (Employment and Rehabilitation) Ordinance 1981”, under which a “National Council for the Rehabilitation of Disabled Persons”(NCRDP) is functioning very effectively. Besides, there are a few other laws which are directly or indirectly concerned with the welfare, training and rehabilitation of persons with disabilities. These are (i) Voluntary Social Welfare Agencies (Registration & Control Ordinance) 1961, (ii) Trust Act 1882 (iii) Charitable Endowment Act 1890. During the last decade, a Task Force was established to review and suggest the amendments in the existing legislation. After a series of meetings, the Task force has finalized amendments, which will be placed before the Parliament for approval.

DEVELOPMENT OF SPECIAL EDUCATION IN PAKISTAN

As an initial step the Directorate General of Special Education formulated a draft National Policy for Special Education in 1985 and revised it in 1988 to bring it in line with the emerging needs of target population. Recently we have launched a new National Policy for Persons with Disabilities, which is vigorously being implemented. Directorate General of Special Education which was established in 1985 under the Ministry of Health, Special Education and Social Welfare (now Ministry of Women Development, Social Welfare and Special Education) is carrying out the following functions:-

Formulate and coordinate National Policy for PWDs.
Organize census of PWDs.
Establish Special Education Centres all over the country.
Manpower training.
Provide medical and para-medical support to PWDs.
Provide special aids and equipment for the use of PWDs.
Create and provide job opportunities.
To provide vocational training.
To provide legislative support for PWDs.

THE NEED FOR A NEW INTERNATIONAL CONVENTION ON DISABILITIES

In the under-developed countries like Pakistan the social services sector generally gets low priority. Plans and projects for persons with disabilities get even lower attention from politicians and policy makers. Against this background an International Convention on Disabilities will provide a clear direction guiding principles and a collective impetus for policy makers to chalk out required policies and plans. This will also reduce gaps between the thinking and actions of the governmental and non-governmental organizations. Secondly in developing countries the disability is still considered a welfare issue whereas in the developed countries it is a human right and development issue. The proposed new International Convention will help realign the approaches of developing nations with the developed countries. Pakistan has always supportive of all International treaties and resolutions, which ensure the protection and promotion of human rights including the rights of persons with disabilities. Pakistan fully supports the idea of an International Convention on Disability by sending its representatives in Bangkok in June, 2003 for participation in EGM. We also supports the recommendations which are formulated in response to the invitation by the General Assembly in Resolution 57/229 to make available to the Ad-Hoc committee suggestions and possible elements to be considered in proposal for a convention. Pakistan is fully convinced that a new International Human Rights Treaty is necessary to ensure that persons with disabilities enjoy all their human rights.

VIEWS ON PROPOSED CONVENTION

PREAMBLE

Wide spread denial to persons with disabilities of their basic human rights and their economic and social exclusion is our main concern. It should be clearly highlighted in the new Convention.

OBJECTIVES

The persons with disabilities are still facing hostile laws and regulations hindering their social and economic integration. The legislature and the government machinery must take into cognizance the equality of opportunities based on the guaranteed basic human rights.

DEFINITION

Almost every religion preaches non-discrimination on the basis of color, sex, economic and social status or physical disability. Any definition proposed to be adopted may indicate this aspect so as to give it wide acceptance.

STATES PARTIES OBLIGATIONS

A mechanism at International and regional level may be provided to review and report on the state parties’ performance in respect of fulfilling their obligations.

GUARANTEE OF EQUALITY AND NON-DISCRIMINATION

The equality and non-discrimination with reference to persons with disabilities may be clearly elaborated. Similarly the specific rights of persons with disabilities may be spelled out in the convention.

MONITORING/REVIEW/REMEDY MECHANISMS

In addition to the remedy mechanisms proposed in the Bangkok recommendations there should be a very strong media group, consisting of international and regional representatives to highlight the violations, if any committed by some member states.

Return to top

Main	Programme	Materials	Online	Bangkok

	Regional Workshop towards a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities Bangkok, Thailand, 14-17 October 2003