Like Obasanjo, Jonathan Leaving Presidency Without Signing Disabilities Bill
Persons living with disabilities. |
The bill to ensure full integration
of persons with disabilities is lying on President Goodluck Jonathan’s table
since January 2015 for assent. With the frenzy of last minute hiring and
sackings going on at the Presidential Villa, as the administration of President
Goodluck Jonathan winds down for exit on May 29, the persons living with
disabilities (PLWDs) are watching with berthed breath whether the president
will sign disabilities bill into law.
The disabilities bill entitled, “ A
bill for an act to ensure full integration of persons with disabilities into
the society and to establish a national commission for persons with
disabilities and vest it with the responsibilities for their education, health
care and the protection of their social, economic, civic rights”, has been long
in coming despite several years of campaign by the disabled community, several
non-governmental organisations, civil society organisations and human rights
activists for the law to be made to cater for the special needs of persons
living with disabilities.
The bill was first sent to President
Olusegun Obasanjo for his assent in 2006, few months to the end of his
administration, but for unexplained reasons Obasanjo refused to assent to the
bill. There are many who alleged that the former president was more
pre-occupied with his failed Third Term Agenda and its fallout to bother about
this bill that means a lot to the disabled community.
Nine years later, precisely January 2015
the bill has been once again, after few amendments, put at the table of the
outgoing President Goodluck Jonathan and the fate of 2006 may befall it unless
the president quickly sign it into law before leaving on May 29.
There are several reasons why this
bill is necessary and timely as its contents will address the fundamental
discriminations that persons living with disabilities having been enduring in
silence over the years.
Some of the major sections of the bill include the
following; Section 1, is expected to outlaw discrimination on the ground of
disability and this is in conformity with an important principle of the United
Nations Convention on the Rights of Persons with Disabilities,
“non-discrimination”, as contained in articles 3 (b) and 5 of the UN Convention
On The Rights Of Persons With Disabilities (UNCRPD), which Nigeria signed and
ratified the convention and its optional protocol.
There is no
denying the fact that persons with disabilities suffer from discrimination on a
daily basis whether in employment, education, transportation, communication,
information, health, housing and even social interaction where persons with
disabilities are denied marriage to their loved ones on the ground of
disability. Most often, the person with disability is rejected on the ground of
disability even though he or she merits employment and while in employment he
or she is always the last to be considered for promotion even though he or she
commences work same time with his able-bodied counterparts. This is a travesty
of justice. Persons with disabilities are denied access into several places on
the ground of disability, e.g., banks and rented apartments, among others.
Part III of the bill addressed one of the major
problems faced by the disabled in their daily activities, which is lack of
access to public places. As such, sections 3, 4 and 5 deal with the issue of
accessibility to physical structures such as public premises and permission for
use of accessibility aids in public buildings and the need for accessibility on
roads and sidewalks. The Nigerian Constitution provides for freedom of
movement, yet persons with disabilities are denied this right as a result of
the hazards on our roads and sidewalks. (UNCRPD, Article 9.)
Section 7 will ensure adherence to the building code
where buildings are made usable and accessible to persons with disabilities
especially wheel chair users.
In addition, section 12 will grant persons with
disabilities in vehicles easy access to parking spaces which will be reserved
for their sole use as is the case in developed countries.
Parts V and VI also attest to the need for
accessibility in the use of sea ports, railways and air transportation. A great
deal of discrimination is suffered today by persons with disabilities wishing
to make use of air transportation. In keeping with international norms and
standards, the bill will enable persons with disabilities to be treated with
dignity and respect in air, road and sea transportation.
Part VII addresses the issue of special queues and
situations of emergencies for people with disabilities. In queues, especially
unruly ones, persons with disabilities are usually shoved aside and in cases of
risk and emergencies, it is well-known that the person with disability is
always the last to be considered, since as a matter of fact, disability today
in Nigeria is always regarded as an afterthought. (UNCRPD, Article 11).
Part VIII deals with the vexed issue of the abuse of
the liberty of the person with disability where able-bodied people have taken
it upon themselves to use people with disabilities as fodder for fund raising
in the most ignoble ways possible. (UNCRPD, Article 14).
In keeping with Article 24 of the UNCRPD, the bill
recognises the need for inclusive education for persons with disabilities in
Nigeria and more importantly ensures that persons with disabilities will not be
unduly discriminated against in the provision of education due to the lack of
appropriate equipment, while section 27 addresses the communicational needs of
persons with disabilities using health facilities, especially the deaf wherein
sign language interpreters will be introduced at all such health facilities.
Finally, sections 28 (work and employment) and 31
(participation in politics) address the need for gainful employment for people
with disabilities and the need for them to participate actively in political
and public life. These are in keeping with Articles 27 on work and employment
and 29 on participation in political and public life of the UNCRPD.
Given the aforementioned sections of the bill, there
should not have been any genuine reason why Obasanjo failed to sign it into law
in 2006 or for President Jonathan to dilly-dally over assenting to the bill
before leaving office. Many disabled Nigerians who spoke with LEADERSHIP are
convinced that signing the bill into law before he leaves Aso Rock Villa would
make Jonathan the most disability-friendly president in Nigeria’s history.
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