UN ESCAP/CDPF Regional Meeting on an International Convention on Disability
Beijing, China, 4-7 November 2003

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

- Ganesh Prasad Upadhyaya
Under Secretary
Ministry of Women, Children and Social Welfare

General overview of disability-specific legislation:

In Nepal, the Ministry of Women, Children and Social Welfare (MWCSW) is the focal point of efforts in disability affairs, but other ministries also have programs for disabled persons.

The judicial management of Persons With Disabilities (PWDs) come in to force only a few years ago. The Constitution of the Kingdom of Nepal – 1990: Article II of the constitution states that the special laws should be made for the protection and promotion of the interests of women, children, the older people and those who are physically and mentally disabled. Further article 26 (9) directs the state to form the policies in the area of education, health and social security for the protection and welfare of persons with disabilities.

The first major legislation was put in place in 1982. The Protection and Welfare of Disable Persons Act (PWDA) 1982 forced on protecting and developing the rights of disabled persons. The underlying principal of the act was that if the persons with disabilities were provided with the right education, proper health care, and equal employment opportunities, they can be capable member of the society and can also be dynamic productive citizens.

“The protection and welfare of Disable Person Act” (PWDA) – (1982) and “The Protection and Welfare of the Disabled Person Rules (PWDR) – (1994)” are effective for the welfare of disabled persons. The rights and facilities included under the existing act (PWDA) and rules (PWDR) 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 for free legal consultation.
• Employment opportunities and equal treatment in the workplace.
• Tax exemption facilities.
• Traveling facilities.
• Priority for Disabled in education, training and unbiased employment opportunity.

Government has now prepared to amend “The Protection and Welfare of the Disabled Persons Act 1982”. The new bill will be tabled in the coming sessions of the Parliament. 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 – (1992) and Rules.
• Labour Acts – 1992
• Education Act – (1971)
• Childrens' Act – (1992)
• Local Self Governance Act – (1999)
• National Code – 1964 (Muluki Ain)
• Money Order Regulations – (1974)

These all Acts and rules promise to protect and promote the rights and welfare of PWDs. There has been provision of laws and policies at various level. We can say very critically that there has been some gap in implementation of these policies and laws.

Implementation of Biwako Millennium Framework for Action :

Regarding Biwako Millennium Framework for Action, Government has taken some steps for the protection and promotion of disabled people. Here are some major programmes and achievements in the perspective of Biwako Millennium Framework for Action. The framework of action is already translated into Nepali language and action plan is being prepared.

The self-help organizations of PWDs :

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.

There are 17 parent organizations and branches of the mentally retarded and deaf disabilities people. There are hundreds of Self-Help Organizations (SHOs) all over the country along with their National Federation Organization. There is a Disabled Service National Coordination Committee comprises of 24 members including all types of disabled people. The role and responsibilities of the coordination committee is to provide advice, to co-ordinate and to monitor and evaluate the activities regarding disabilities. Government has tried its best to make proper participation of disabled people in some government and semi-government policy level bodies.

Women with disabilities:

The male disabled persons are given much more attention and care than the female disabled persons. Therefore the situation of disabled girls and women has to be considered carefully. There are very few Self Help Organization of Women With Disabilities (WWDs) and a few of them are representing in the executive committee of SHO. Formation of a separate working group of women with disabilities in Community Based Rehabilitation (CBR) activities are encouraged. Committee of women with disabilities for the purpose of gender equity and empowerment is encouraged in all spheres of life. They are also encouraged to take part in receiving education, training opportunities. Some DPOs has organized leadership and advocacy training for WWDs.

Early detection, early intervention and education :

Council for Special Education under the Ministry of Education and Sports runs Special need Education Program in 47 districts. Almost 271 resource classes are being run to providing special education for blind, low vision, deaf, physically disabled and mentally retarded children. Support services along with the residential facilities are provided to the needy disabled children in such a school. There is a provision of early detection and early intervention efforts combined with the CBR activities in a very limited areas. All together 10,000 disabled children of school going age attend school. Now, the effort is being put to implement inclusive and integrated education in the country. Government has formulated action plan targeting Education For All by 2015. There are more than 2000 trained school teachers working. Extra curricular activities, sports and non-formal education are also carried out to some extent. This year other nine districts will cover the special need education program.

Training and employment including self-employment:

• Every year 100-150 PWDs are provided vocational training to make them economically sound. The program also assists PWDs in self employment enhancing their skills. There has been business development, entrepreneurship training to some extent.
• Besides the government efforts the civil society is also providing vocational & skill training to PWDs.
• Social Welfare Council 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.

Access to build environment : There are some school buildings being made more accessible to children with disabilities.  Ministry is coordinating with concerned agencies to make Disabled Friendly physical environment. There are very limited disabled friendly physical environment especially exist in the capital and urban areas. Access to Information and Communication/Assistive Technology.

Access to information and communication/assistive technology : Nepal Television has been broadcasting news in 'Sign Language' since last few years. Sign Language and Braille scripts are used in formal education process in schools. There has been proper sign language training program run by several civil societies and DPOs. Almost 2500 vocabulary of sign language is developed for communication so far. There are some computer training activities run by government and civil societies for the disabled people. But a few number of persons with disabilities has access to ICT as well.

Poverty alleviation through capacity building & social security : Government has been providing Rs. 100 as a 'Social Security Allowance' to the PWDs per month, through Village Development Committee (VDC) and municipalities. Every year more than 3750 poor, helpless and unemployed persons with disabilities are provided monthly allowance for their livelihood.

Community Based Rehabilitation (CBR) services : More than 80% people live in rural areas. Needs of the people with disabilities in the country are not met yet. Most of the services, disabled peoples' 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 to 80% of disabled person’s need can be dealt through the programmes. CBR is a strategy and implemented through community initiatives and local resources both in the urban and remote areas. Awareness, Health, Education, Training, Leadership building, Development activities, Income generation, Support services etc are the main activities to empower them. Women working groups of CBR committee for the purpose of women empowerment is encouraged. CBR activities has not only created positive attitudes towards PWDs in communities but played prominent role in empowering them at community level also. The ministry supports the program by financing and directing from central and district level. Government, NGOs and DPOs are working together in implementing CBR programs in different 35 districts of the country.

Apart from these programs and activities the following programmes and activities are continuously carried out for the protection and empowerment of the persons with disabilities.

Assistive devices/support services : There are altogether twelve agencies, hospitals, NGOs and private sectors that produce and provide ortho assistive devices in the country. Government has a program to strengthen the capacity of such organizations. Different types of assistive devices are produced and catered to PWDs free of cost or in subsidized rate. Every year 2500 persons with disabilities are benefited from these organizations.

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 at 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. Besides these activities government, civil society and other hospitals are working to cure the disability.

Public awareness:

• MWCSW is conducting regular programs for public awareness on disability (Preventive, curative and attitudinal).
• It has also program to sensitize public through posters, bulletin and mass communication media.
• Last year it has translated ESCAP Agenda for Action from English to Nepali, which is already published. Biwako Millennium Framework for Action is translated in to Nepali language for publication.

Distribution of identity card to the PWDs : The ministry has run a program to issue Identity Card to the PWDs. Its aim is to update records of different types of disabled persons for future plan as well.

Honor and prize : MWCSW does monitoring and evaluations of those institutions/ organizations, which are engaged in helping disabled persons. For the encouragement certificate and cash prize are given as an honor to the best performers.

National plan of action on disability : The situation of persons with disabilities has to be carried out within the context of different levels of economic and social development. So, the Disabled Service National Co-ordination Committee in the Ministry has developed a National Plan of Action for the protection and rights of PWDs on the basis of existing policies and plans. The action plan identified the following priority areas for action, which are as follows:

• Awareness Raising
• Special Need Education & sports
• Rehabilitation & Medical Care
• Training and Employment
• Support Services/Assistive devices
• Accessibility
• Facilities/Supports
• Shelter for disable and its operation.
• Capacity building of self-help organization of PWDs.

Now the Action Plan is in the position of implementation by the concerned ministries and agencies. Government along with the different concerned organizations and DPOs is preparing a plan of action based on the Biwako Millennium Framework for Action.

Summary and conclusion :

• Equal opportunities and full participation of PWDs should be created.
• They should be empowered and developed self-confidence.
• It is necessary to eliminate the discriminatory attitudes towards PWDs.
• Disability is a multi-sectoral and multi-disciplinary issue.
• There is a need of strong institutional mechanism between government civil society and private sector on networking and co-ordination.
• The Asian and Pacific Extended Decade of Disabled Persons 2003-2012, and Biwako Millennium Framework for Action towards An Inclusive 'Barrier-free' and 'Rights-Based Society' will surely achieve the Millennium Development Goals through these actions.
• There is a need of an international convention which address disability issues in a sufficient manner, can protect and promote the rights and dignity of PWDs.

Annex

Need of an international convention on disability :

There is a need of a specific and potential convention that focus on disability. Conventions that address disability issues in a sufficiently focused manner can protect the rights of PWDs.

In many counties there are acts and rules that mostly based on social welfare approach. But an international convention primarily contains Rights Based Approach that are enforceable to exercise the human rights and fundamental freedoms. Such a convention as an international instrument that deal with a social welfare model to a rights based model is needed.

Components to be included in an international convention :

Preamble:

The following elements should be included in a preamble of the convention:

• Theme of the regional and international disability specific instruments.
• Globally guaranteed human rights and fundamental freedoms to PWDs.
• Guarantees of specific rights including statement of gender equality.

Objectives:

• Paradigm shift from a charity-based approach to a human rights approach to disability concern.
• Ensure rights-based development for Persons With Disabilities.
• The convention should guarantee the human rights of PWDs as mentioned in the United Nations Character on Human Rights treaties.

Scope:

• The convention should also cover civil, cultural, economic and political rights of PWDs.

Definition:

• It should categories of impairment, covering physical, sensory, intellectual, psychiatric and multiple disabilities.
• Definition should be based on the ICIDH and WHO definition.

State Parties' obligations:

• State parties should provide guarantees of equality of opportunity and of non-discrimination.
• State should guarantee the rights of the persons with disabilities to enjoy human rights and fundamental freedoms without any discrimination. And state should ensure an enabling environment and a barrier-free and rights-based society.

Guarantees of equality and non-discrimination:

• The convention should address to eliminate all forms of discrimination that is mentioned in the UN charter on Human Rights treaties.
• An autonomous monitoring committee should be made to monitor the effective and continue implementation of the convention. Representative from human rights commission, UN-agencies, government officials and DPOs should be included in the committee.

Guarantees of specific rights:

Following specific rights should also be guaranteed through the international convention.

• Equalization of opportunities;
• Enhancing accessibility to the general system of society;
• Rights to development/rights to inclusion
• Proper and dignified rehabilitation.
• Right to enjoy available resources.

Miscellaneous provisions in the convention:

• Periodic reporting system by the government and civil society.
• For the effective and successful implementation of convention there should be international co-operation to support national efforts.
• Right to personal self-determination and full participation of PWDs.

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