Stakeholders Call for Immediate Implementation of the National Disability Act

By: Michael Mike

Stakeholders have advocated for the immediately implementation of Discrimination Against Persons with disabilities (Prohibition) Act, 2019 popularly called The National Disability Act.

The stakeholders who were at a two-day National Co-creations Stakeholders Convening in Abuja with a convergence of an array of stakeholders including Senior Special Assistants to governors on Disability related matters from different states in the Federation, Civil Society Organisations (CSOs), Non-government Organisation (NGO) community representatives, implementing partners, Ministries, Departments & Agencies (MDAs) hosted by Centre for Ability Rehabilitation and Empowerment (CARE) in collaboration with Persons with Disabilities (PWDs) Community of Practice with the theme: “The National Disability Act post moratorium: Advancing Inclusion and accessibility for those vulnerable and outside the margin”, also called for the review and amendment of some sections of the act to conform with
emerging realities.

The stakeholders recalled that Discrimination Against Persons with disabilities (Prohibition) Act, 2019 popularly called The National Disability Act was passed by the National Assembly and signed into an Act by President Muhammadu Buhari after almost 19 years of engagements with the National Assembly, adding that the Act with 10 parts seeks to protect the rights and ensure adequate inclusion of persons with disabilities in line with the United Nations Convention on the Right of Persons with Disabilities (UNCRPD), but that however “after 5 years of its existence, the implementation of the act had been considered to be at a snail-pace with several rights holders calling
for speedy actions while some sections require review/amendment to conform with
emerging realities.”

The communique read that: “The convening aimed to discuss advancing Inclusion and accessibility for those vulnerable and outside the margin post-moratorium of the Disability Act. With the recent elapsed moratorium period of the Act, on January 24th, 2024, it is imperative to come together to discuss the domestication and implementation stages at National and State levels and strategize the next steps to ensure that the Act not only continue
to protect Persons with Disabilities, but also advance the Inclusion and accessibility
for those who are most vulnerable and marginalised in our society.

The convening served as a convergence point, bringing together an array of
stakeholders including Senior Special Assistants to governors on Disability related
matters from different states in the Federation, Civil Society Organisations (CSOs),
Non-government Organisation (NGO) community representatives, implementing
partners, Ministries, Departments & Agencies.

The stakeholders identify gaps and challenges in mainstreaming Persons with Disabilities, particularly in budget allocation, appointments and modalities for implementation of penalties, sensitize and increase awareness among duty bearers and right-holders about the National Disability Act, 2019.

Stakeholders acknowledged several challenges faced after the
passage of the Disability Act at the National, State and local level, recognising that Part 1 of the National Disability Act used the term integration and not
Inclusion and this further increases the gap to ensure full Inclusion, as integration means bringing people together without providing reasonable accommodation as it relates to their diversity, while Inclusion does both.

They also recognize that some states have domesticated the Disability Law and established disability commission but, implementation is still very weak, while other states have neither domesticated nor even passed or drafted bill, disclosing that states that have domesticated and implemented the Disability Act include: Anambra, Lagos,
Ekiti, Rivers, Bauchi, Nassarawa, Abia, Delta. Kwara, Kaduna, Kano, kogi, Edo,
Adamawa, Plateau, Jigawa, and Ondo.

They said: “Though these states have domesticated the Act, the level of implementation varies. While the remaining states have not domesticated the Act.

“Minimum accessibility standard/regulation is yet to be a legal document. Tokenism is still an issue plaguing the full implementation of the Disability Act
as a lot of duty bearers have not fully adopted the human rights approach.

“Leaders who represent disability groups in meetings do not disseminate
information to other persons with disabilities and this leads to information gap. Victimization of persons with disabilities by political appointees who are also
persons with disabilities. Continuous discrimination of Persons with Disabilities in accessing Inclusive airline services and other forms of basic services.

“Little or no budget allocation for persons with Disabilities at all levels.”

Having acknowledged the gaps and challenges in the domestication and full
implementation of the National Disability Act 2019 through robust discussion, the
participants resolved: “To advocate for the removal of the word ‘’Integration’’ as enshrined in part one of the National Disability Act and rather replace with
‘’Inclusion’’ as this is more robust and tends to close the gap to provide a culture of diversity, equity and sense of belonging not contained in the National Disability Act.

“To work together, collaborate more to ensure the full Inclusion of Persons with Disabilities at all levels. To organise Joint National Association of Persons with Disabilities (JONAPWD) members and ensure to meet with the Governor and or the
chief of Staff of Kwara State.

“To engage Commissioners in charge of Disability matters. To intensify advocacy efforts on the establishment of Disability
Commission through the use of radio and other media. To replicate this event in Anambra State to examine and evaluate the
implementation of the Act in collaboration with Anambra State Disability Commission.

“To bridge the communication gap between Persons with Disabilities and
Persons without Disabilities through the use of technology.

“To replicate same programme in Imo State to strengthen the capacity of
JONAPWD Executives and members in the state, increase advocacy to
ensure the passage of the disability law and establishment of the
disability commission in Imo State.

“To liaise with relevant stakeholders (Government and Private sector,
JONAPWD leadership, State commission for PWD, SA to governors etc) to strengthen collaboration in increasing advocacy for the
implementation and compliance to the state disability law.

“To replicate same programmes in other States to strengthen the capacity
of Disability groups and members in the state, increase advocacy to
ensure the domestication of the disability law, it’s full implementations
and to ensure the establishment of the disability commission at all state
levels.”

Stakeholders Call for Immediate Implementation of the National Disability Act