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

UNESCAP/CDPF SEMINAR ON THE INTERNATIONAL  CONVENTION 4-7 NOVEMBER 2003

NATIONAL PAPER – SRI LANKA

General Overview of Disability

The World Health Organization estimates that seven percent of the total population in Sri Lanka has disabilities. The number of people with war – related disabilities is increasing due to the on-going civil strife in the country. Since 75% of the people live in rural areas, most disabled persons in Sri Lanka also live in  the countryside. Again due to the war, a large segment of disabled persons in Sri Lanka are young, between the ages of 20 and 30.

A disabled person is often a burden to their family often seen as someone to be supported throughout life. Many disabled people, especially those who have recently lost their limbs in the current civil conflict, are seldom motivated on  their own to help themselves. They are discouraged, depressed and cannot cope with the realities of the situation, in addition to their physical disabilities. The concept of granting financial assistance for disadvantaged people has been changed and introduced more development oriented policies based on rehabilitation and reconstructive methods. The concept that the rehabilitation of disabled people in rehabilitating centers has also changed by the community based on rehabilitation  concept.

LEGISLATION

It was in 1996, that the protection of the Right of persons with Disabilities Act No. 28 was passed in parliament. Under its provisions; the National Council and the National Secretariat for persons with disabilities has been established. The peoples with disabilities are also members of the council, which is to implement the UN Standard Rules. Minister of the Social Welfare is the Chairman of the Council. A Trust Fund has already been established for the benefit of the persons with disabilities.

WHY WE NEED AN INTERNATIONAL CONVENTION ON DISABILITY.

As a developing country Sri Lanka  has also suffered some economic draw back and high priority has to be given to the activities of economic development and therefore rehabilitation and social welfare of disable d persons tends to receive low priority in allocating funds in national budgets. Individuals who are in employment and yet live below the international poverty line of USD 1.00 per day, a study revealed that low of 43% for intellectual disability and 45% for mobility disability, 72% for psychiatric disability, 81% for hearing disability to a high of 88% for those with speech disability. The disable community being disadvantaged by some obstacles created on negative attitude of the public and physical and social barriers created by the disabilities. These social barriers are caused to keep disable persons away from enjoying equal opportunities. The other barriers that prevent persons with disabilities from enjoying equal participation and right remains as it is.

In order to create a truly barrier free and right based society, we have to ensure and to be given priority for, enactment of legislation and implementation of relevant legislation, providing accessibility, training and employment, poverty eradication, early intervention, extend of inclusive education for all.

Poverty alleviation is not only a matter of increasing and sustaining income levels, just as much as employment whether formal is essential for economic reasons, it is also an economic right which protects and promotes the dignity and self-esteem of individuals. Together with an income adequate to meet the daily needs of an individual and that of his family, among other factors that are essential for the alleviation of poverty are education, adequate health care and nutrition, and housing. The paradigm shift from a charity based approach to a rights based approach to protect persons with disabilities is important.

 UN and other conventions already in force has approached the problem favorably, urging national governments to formulation of policies, provide legal framework and resources. Therefore to achieve this goal we need a international convention on disability,

Our views on proposed convention.

The legal definition of disability in Sri Lanka is that described in the Protection of the Rights of Persons with Disabilities act No 28 of 1996. “ A person with disability means any person who as a result of any deficiency in his physical or mental capacities, whether congenital or not, is unable by himself to ensure for himself, wholly or partly, the necessities of life” The definition is a reasonably broad one, encompassing both medical and socio-economical aspects of disability.

The National Policy on Disability takes into account the limitations imposed on individuals in carrying out activities required for daily living and in the restriction imposed on their participation in daily life situations. These, together with other personal and environmental factors impinge on the person who has disability, constraining that individual “to ensure for himself, wholly or partly, the necessities of life” This is the view taken in the most recent classification of disability (ICF) published by the World Health Organization. Disability is an umbrella term used to describe the situation of each person in a wide area, and is used within the context of personal and environmental factors. Environmental factors are those that lie outside the individual and “make up the physical, social and attitudinal environment in which people live and conduct their lives” These in turn are influenced by cultural and religious practices and beliefs.

At the present time and in the foreseeable future it is, and will be, necessary to use such and interpretation in all matters related to disability. It is only then the limitations an individual may have in carrying out certain activities or experience in participating in daily life situations can be seen and understood in their context.

Personal factors are those that are associated with the individual’s age, gender, health conditions, personality, lifestyle, experience and so on, and have an influence on how the individual responds to the disability.

Social  factors include, for instance, the attitudes of other individuals and of society that perceive those who have disability as being “different” people; that do not see them as equal human beings with the same rights and responsibilities; that do not make available to them the same opportunities available to other persons; and that excludes them from the social mainstream because of their disability.

Cultural factors include the many superstitions that have pervaded our communities, associating disability and individuals who have disability with misfortune and perceiving them as omens of bad luck.

Environmental and physical barriers that constrain individuals from ensuring for themselves “wholly or partly the necessities of life “ include in accessibility to built environment and to the assistive devices needed by, for instance, wheelchair users and those who cannot see. It includes also in-accessibility to communication for those individuals who may not be able to hear and / or be able to speak like others do. It includes inaccessibility to education and public service to people who cannot understand or behave like others do because their mental development has been delayed or retarded or their mental function has been impaired because they have epilepsy. Environmental barriers restrict the participation of these citizens in economic, educational, social, civil, recreational, leisure, religious and political activities.

State Parties obligation.

People who have disability are among the poorest segment of the Sri Lanka population. Income generation is limited by lack of employment opportunity for both wages and self-employment. Employment opportunity is in turn restricted by poor access to skills development (vocational training) For most, the importance attached to accessing skills is shrouded and perpetuated by having to eke out a living for day to day needs. For others, not having the educational qualifications required to meet entry criteria is a barrier to skills training. Lack of relevant skills condemns people who have disability as a group, to a life of abject poverty.

That disability and poverty are closely interlinked is well documented. This has many consequences. Families struggling with disability are more likely to be strapped in poverty due to range of challenges including negative attitudes, problems with mobility, earning power, child-care problems etc. Children and families struggling with disability are systematically excluded from the mainstream, and the poorer they are the greater that exclusion is likely to be. The reverse is also true. In these situations poor children who have disability are less likely to receive early intervention and support and get an education, and more likely to suffer lasting consequences.

The degree o which disability and poverty are combined increases the degree of social exclusion. While 83% of individuals who have disability have access to radio and 67% to television, only 32% have access to news papers. As little as 6% have the opportunity of deriving enjoyment from musical shows, concerts, cinema and other forms of entertainment. 33% never go out with the rest of family and the same proportion have never been to wedding, nor have they taken part in community activities and festivals. Only 21% take part in religious activities. Only 14% had taken part in any kind of sports, and this had been almost wholly at school and village level. It would be difficult to measure these social costs of disability.

The national government has to addresses this core problem to break their cycle of poverty.  Government to be used various strategies for this purpose. Beginning with health care to prevent disability and for early detection and treatment, it recommends inclusion in Early Childhood Care and Development to facilitate maximum possible development. Education can offer practical skills and knowledge needed to break out the cycle of poverty. Adequate shelter with house ownership, inclusion in all economic aspects and activities such as sports have been considered in separate policy areas so that they will be given due emphasis in implementation.

W.B.J.Fernando,
Senior Assistant Secretary,
Ministry of Social Welfare, SRI LANKA

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