ALIGNMENT OF THE DISABILITY BILL TO THE CONVENTION ON RIGHTS OF PERSONS WITH DISABILITIES


ALIGNMENT OF THE DISABILITY BILL TO THE CONVENTION ON RIGHTS OF PERSONS WITH DISABILITIES
The Issue
I, Nokutenda F. S. Muzuva, ID No. 59-158745H43 residing at 4258 Unit D Seke Chitungwiza, and I, Tsepang T. Nare, ID No 28-2005499Q28 residing at 521 Emakhandeni P. O Entumbane, representing persons with disabilities and Civil Society Organisations working with persons with disabilities hereby express our profound concerns regarding the recent adoption of proposed amendments to the Persons with Disabilities Bill (H.B, 2, 2023) in the National Assembly on Tuesday 1 April 2025.
Disregarding of views shared by approximately 1 700 persons with disabilities and their representative organisations during Public consultations for the Persons with disabilities bill has been of great concern. Despite the presentation of a report by the Portfolio Committee on Public Service, Labour and Social Welfare in parliament, none of the issues captured were factored in, during the Committee stage on the 1st of April 2025. The decision to replace a Commission with a Board was meant to limit autonomy, independence and overarching oversight in government institutions and non state institutions. Moreover, a board as a chosen government structure cannot decentralize as it's secretariate comprises of members appointed to serve under the Ministry of Public Service, Labour and Social Welfare. This means that the board cannot reach out to the underserved members of the community. It cannot have powers to monitor other state agencies and departments as the National Disability Affairs Board housed within the Ministry under the Department for disability Affairs. The bill also does not include state obligations that promote disability rights in areas to do with accessibility, Political Rights, Education, Healthcare and Independent Living and Social Protection. Remedies as safeguards to possible disability rights violations are not included.
The shift from the establishment of a Commission for persons with disabilities to a National Disability Affairs Board represents a significant regression in our efforts to align Zimbabwean legislation with international best practices, with reference to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) as guided by Article 33 of the Convention. The Commission, as originally proposed, held the potential for greater authority and effectiveness in monitoring implementation of the convention and ensuring the promotion and protection of the rights of persons with disabilities across state and non state institutions. However, as things stand, not only is the proposed structure a replica of an ineffective Disabled Persons Act of 1992, but it is a further entrenchment of a system that enabled continued violation of disability rights due to the board's limited operational scope.
NOW THEREFORE, your petitioners beseech the Speaker of Parliament, Minister of Public Service, Labour and Social Welfare & Minister of Justice, Legal and Parliamentary Affairs to
1. Consider the reinstatement of a Commission as a semi-autonomous structure established by a statute as this was originally supported by persons with disabilities following extensive Public Consultations and is also referenced by the report tabled before Parliament. This is also guided by the international treaty which distinguishes such a structure as a monitoring framework.
2. Ensure a meaningful and inclusive process of engagement with representatives of Organisations of Persons with Disabilities (OPDs) and parliamentary representatives in order to meaningfully negotiate and jointly review the proposals with an aim to reposition Zimbabwe as a leading Champion of Disability Rights as it is known to be the first world over to have a progressive piece of legislation (1992 Disabled Persons Act).
3. Operationalize a Disability Finance Model through the harmonization of the National Disability Policy and the Persons with disabilities bill. This involves the incorporation of a Disability levy which is already proposed in the National Disability Policy under Article 4.1. This can be better managed by the Commission thus leading to the Operationalization of this Finance model dedicated towards meaningful promotion of disability rights and access to services.
4. Align the UNCRPD with the Disability law to ensure that as the Persons with disabilities bill passes it's final stages, it fully aligns with the principles and provisions of the UNCRPD in order to influence inclusive disability development. This is in line with Sustainable Development Goals and the National Development Strategy 1 & 2. Moreso, a progressive disability law will enhance the image of the country, thus positioning it as a leading Champion of disability rights.
It is the petitioners prayer that the strengthening of disability rights and the establishment of a robust and independent coordinating and monitoring framework is essential for advancing rights and meaningful inclusion of persons with disabilities in Zimbabwe
The Issue
I, Nokutenda F. S. Muzuva, ID No. 59-158745H43 residing at 4258 Unit D Seke Chitungwiza, and I, Tsepang T. Nare, ID No 28-2005499Q28 residing at 521 Emakhandeni P. O Entumbane, representing persons with disabilities and Civil Society Organisations working with persons with disabilities hereby express our profound concerns regarding the recent adoption of proposed amendments to the Persons with Disabilities Bill (H.B, 2, 2023) in the National Assembly on Tuesday 1 April 2025.
Disregarding of views shared by approximately 1 700 persons with disabilities and their representative organisations during Public consultations for the Persons with disabilities bill has been of great concern. Despite the presentation of a report by the Portfolio Committee on Public Service, Labour and Social Welfare in parliament, none of the issues captured were factored in, during the Committee stage on the 1st of April 2025. The decision to replace a Commission with a Board was meant to limit autonomy, independence and overarching oversight in government institutions and non state institutions. Moreover, a board as a chosen government structure cannot decentralize as it's secretariate comprises of members appointed to serve under the Ministry of Public Service, Labour and Social Welfare. This means that the board cannot reach out to the underserved members of the community. It cannot have powers to monitor other state agencies and departments as the National Disability Affairs Board housed within the Ministry under the Department for disability Affairs. The bill also does not include state obligations that promote disability rights in areas to do with accessibility, Political Rights, Education, Healthcare and Independent Living and Social Protection. Remedies as safeguards to possible disability rights violations are not included.
The shift from the establishment of a Commission for persons with disabilities to a National Disability Affairs Board represents a significant regression in our efforts to align Zimbabwean legislation with international best practices, with reference to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) as guided by Article 33 of the Convention. The Commission, as originally proposed, held the potential for greater authority and effectiveness in monitoring implementation of the convention and ensuring the promotion and protection of the rights of persons with disabilities across state and non state institutions. However, as things stand, not only is the proposed structure a replica of an ineffective Disabled Persons Act of 1992, but it is a further entrenchment of a system that enabled continued violation of disability rights due to the board's limited operational scope.
NOW THEREFORE, your petitioners beseech the Speaker of Parliament, Minister of Public Service, Labour and Social Welfare & Minister of Justice, Legal and Parliamentary Affairs to
1. Consider the reinstatement of a Commission as a semi-autonomous structure established by a statute as this was originally supported by persons with disabilities following extensive Public Consultations and is also referenced by the report tabled before Parliament. This is also guided by the international treaty which distinguishes such a structure as a monitoring framework.
2. Ensure a meaningful and inclusive process of engagement with representatives of Organisations of Persons with Disabilities (OPDs) and parliamentary representatives in order to meaningfully negotiate and jointly review the proposals with an aim to reposition Zimbabwe as a leading Champion of Disability Rights as it is known to be the first world over to have a progressive piece of legislation (1992 Disabled Persons Act).
3. Operationalize a Disability Finance Model through the harmonization of the National Disability Policy and the Persons with disabilities bill. This involves the incorporation of a Disability levy which is already proposed in the National Disability Policy under Article 4.1. This can be better managed by the Commission thus leading to the Operationalization of this Finance model dedicated towards meaningful promotion of disability rights and access to services.
4. Align the UNCRPD with the Disability law to ensure that as the Persons with disabilities bill passes it's final stages, it fully aligns with the principles and provisions of the UNCRPD in order to influence inclusive disability development. This is in line with Sustainable Development Goals and the National Development Strategy 1 & 2. Moreso, a progressive disability law will enhance the image of the country, thus positioning it as a leading Champion of disability rights.
It is the petitioners prayer that the strengthening of disability rights and the establishment of a robust and independent coordinating and monitoring framework is essential for advancing rights and meaningful inclusion of persons with disabilities in Zimbabwe
Victory
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Petition created on 9 April 2025