People with disabilities push for law review
Monday, June 07, 2021

The government should revise the law relating to the protection of disabled persons as some of it is not only outdated but also leaves out some people living with disabilities, depriving them of opportunities to live normal, fulfilled lives like other Rwandans.

The Executive Secretary of the National Union of Disabilities Organisations of Rwanda (NUDOR), Jean Damascène Nsengiyumva, told The New Times in an exclusive interview on Monday June 7 that the call comes after members analysed the law and developed a position paper for the changes that they would like to advocate for.

NUDOR brings together 13 different organisations.

Nsengiyumva said that the position paper seeks to engage the government on matters concerning the categorisation of persons with disabilities who on top of that have special needs.

It also seeks to push for how social benefits can be distributed so that the beneficiaries can exercise their rights better and easily access services.

Part of this involves requesting the government to spell out the categories of persons with disabilities beyond what has traditionally been known as disability.

Article 2 of the law relating to the protection of disabled persons gazetted in 2007 describes a person with disability as any individual who was born without congenital abilities like those of others or one who was deprived of such abilities due to disease, accident, conflict or any other reason.

However, a Ministerial Order determining the modalities of how disabled persons are categorised recognizes five categories of disabled persons on the basis of their disability and that is physical, visual, hearing, mental and another category only named as ‘Others’.

Nsengiyumva explained that small people, those with autism, cerebral palsy, Down syndrome, albinism and hunchbacks face many different challenges and grouping them into ‘others’ deprives them of the basis to advocate for themselves.

"The law tends to lean more on physical disabilities and bundles the rest into the ‘others’ category. Who are others? It should be mentioned in the law because there is a risk not to consider the kind of challenges these others are facing because they are not really known,” he said.

Positive trend

Nsengiyumva commended the government for putting in place a national policy for people with disabilities but added that there is still a long way to go in terms of inclusion.

"The policy is a big step but we need the government and private sector to step up and include people with disabilities in all laws, policies and programs. This will help implementers especially on the district level to plan and budget for everyone better,” he said.

Unfair law

In a telephone interview, the Executive Secretary of the Organization for Integration and Promotion of People with Albinism (OIPPA), Nikodem Hakizimana told The New Times that the 2007 law poses many barriers for some people with disabilities.

Albinism is a condition that comes about as a result of lack of pigmentation (melanin) in the hair, skin and eyes, causing vulnerability to the sun and bright light.

He explained that categorising some disabilities under others has left some people with disabilities feeling excluded.

For instance, he explained that although Rwanda strives to have an inclusive education system, students with albinism often struggle with their national exams as they are not set with this disability in mind.

"These students need exam questionnaires set in really large letters because very poor eyesight is one of their biggest challenges. However, when we talked to the Ministry of education, they realised that they have the numbers for the students listed under the specified categories and that didn’t include those with albinism,” he said.

However, he thanked the government for availing protective sunscreen, body lotions and creams on the local market giving people with albinism an opportunity to live normal lives.

"Not only are they available at health centres, they are also very affordable because they can be purchased using Mutuelle Health Insurance. This is very commendable,” he said.

Little knowledge

Those who advocate for the rights of people with disabilities say that breaking down the disabilities will help the society to understand these conditions better and improve the lives of the affected.

Rosine Kamagaju who runs Autism Rwanda told The New Times in an interview that little to no knowledge about conditions like autism continue to put children and adults that have them at a high risk of stigma and isolation.

Autism refers to a range of conditions characterised by challenges with social skills, repetitive behaviours, speech and nonverbal communication, as well as by unique strengths and differences.

She called for massive countrywide campaigns to alleviate the prevailing stigma towards autistic people, especially children.

"The children are treated badly, some parents lock them up in rooms and don’t allow them to get out. Children with autism are often treated as if they are not human beings but rather curse in society.

Disability policy

Last week, the Cabinet approved a policy clearly outlining guidelines and spells out targets and priorities to address issues affecting people with disabilities, and promotes an inclusive, barrier-free, and a rights-based society.

Once implemented, it will have an immediate implication on legal framework, impact business and the economy as a whole and also reflect on equality, discrimination, unity and reconciliation.