The AU through Heads of States and Governments through Assembly Decision (Assembly/AU/Dec. 676 (XXX) of January 2018, adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of PWDs in Africa so-called African Disability Protocol in short. The purpose of this protocol is to promote, protect and ensure the full and equal enjoyment of all human rights by persons with disabilities in Africa and to ensure respect for their inherent dignity.
This Protocol is necessitated by pragmatic and Institutional realities in Africa coupled by high prevalence of disability on the African Continent and the historical marginalization of persons with disabilities. It is profusely essential to understand that African Disability Protocol is not contra to UNCRPD but reaffirms all the norms, principles and obligations as stipulated in it. The unique philosophy of this protocol as compared to UNCRPD is that it is developed to address and subsequently remove African views and believes about disability influenced by harmful traditional and cultural practices.
Although the Kingdom of Lesotho has ratified and domesticated the UNCRPD, there is still a vehement need to ratify other continental or regional agreements supplementary to United Nation conventions promoting the recognition of rights of PWDs like African Disability Protocol. Disability agenda is now one of the pressing issues that should be at the heart of the legislative institutions. The government of Lesotho should therefore find it absolutely prudent to enhance the standard of living for PWDs thereby formulating, enacting equity laws and ratifying international and/or regional treaties established to ensure the effective enjoyment of all human rights by PWDs.
The direct valid answers to those who hold questions of why is it necessary to consider this protocol are listed below.
- Salient features of African Charter on Human and Peoples’ rights on the rights of PWDs in Africa involve ensuring mainstreaming of disability in policies, legislations development plans, programs and activities.
- It outlaws discrimination of whatever kind
- Outlines right to access to services, facilities and devices
- Right to liberty and security and outlaws deprivation of liberty on the basis of disability or perceived disability
- The charter outlaws harmful cultural practices (which are rampant in Africa).
- The right to self-representation
- The charter flags out women and girls, children, older persons and youth as a special category of PWDs
Lesotho National League of the Visually Impaired Persons (LNLVIP) strongly recommends the government of Lesotho to be in support of PWDs by taking efficient measures to ratify this protocol. This initiative will ensure the improved standard of living for the disabled persons and the full enjoyment of their human rights in Lesotho. LNLVIP is working in collaboration with other CSOs in pursuit of disability agenda discourse to strengthen advocacy strategies for the ratification of African Disability Protocol.
Complied by; Keketso Mangope,
ADP and SRHR Project Country Coordinator (LNLVI)