MAKING ACCESSIBILITY A REALITY THROUGH IMPLEMENTATION OF THE PERSONS WITH DISABILITIES ACT, 2003 A Paper Presented at the National Conference on Accessibility and Disability Rights (KICC, 25 th -27 th - June 2012) by Dr. James Nyikal, CBS Permanent Secretary Ministry of Gender, Children and Social Development 1

Introduction. The Persons with Disabilities Act 2003 was assented to on 31 st December, The enactment of the law was a developmental milestone in the field of disability The law has three objectives; 1.to provide for the rights and rehabilitation of persons with disabilities 2. to achieve equalization of opportunities for persons with disabilities 3.to establish the National Council for persons with disabilities 2

Establishment of the National Council for Persons with Disabilities The National Council for Persons with Disabilities was established under section 3(1) as a corporate body under the Ministry of Gender, Children and Social Development The functions of the National Council include; Issuance of adjustment orders Formulating and developing measures and policies to ensure that persons with disabilities achieve equal opportunities in all aspects of life 3

Establishment of the National Council for Persons with Disabilities …cont’d Registration of Persons with Disabilities and institutions that offer services to Persons with Disabilities Consulting with the Government in the formulation of suitable curricula for rehabilitation and vocational training Providing assistive devices, appliances and other equipment to persons with disabilities Ensuring that persons with disabilities have access to information 4

Establishment of the National Council for Persons with Disabilities …cont’d To consult with the Government in the provision of suitable housing for persons with disabilities Create awareness on the rights of Persons with Disabilities 5

Access and categories of Persons with Disabilities Access and categories of Persons with Disabilities Categories of disability determine their Accessibility Rights A disability is defined by the Persons with Disability Act as - “physical, sensory mental or any other impairment, which impacts adversely on social, economic or environmental participation by persons with disabilities”. Physical impairments - mobility and manipulation Sensory - visual impairments, hearing impairments and communication disorders mental - intellectual impairment, learning problems, autism 6

Rights of persons with disabilities that this conference seeks to address Employment equal opportunity Reservation of 5 per cent employment opportunities Tax exemption for income accruing from employment Tax incentive for the employer for both improvement of the working environment and for employment of Persons with Disabilities Health -Inclusion in health policies formulation -Access to rehabilitation and medical services 7

Rights of persons with disabilities that this conference seeks to address …. Cont’d Education Affirmative action to improve access to education Environment – Section 21 states that persons with disabilities are entitled to a barrier-free and friendly environment and access to buildings, roads, and other social amenities and assistive devices and other equipment that promote their mobility. 8

Rights of persons with disabilities that this conference seeks to address … Cont’d Public buildings Section 22 – came into force Expires 2014 Public Service Vehicles Section 23 – came into force Expired December 2011 Adjustment Orders Section 24 – provides for mechanisms, time lines and redress for adjustments that owners of buildings and providers of services need to make Tax exemption Section 35- on income and other levies on such income goods, materials, and equipment designed for use by Persons with Disabilities Donations to persons and institutions of and for Persons with Disabilities - ALREADY WORKING 9

10 Section 38 – Access to legal services Section 39- Sign language in public meetings and in Television programmes Section 40 – Disability –friendly equipment and services Voting Section 29(1) – disability responsive services to the electoral processes

Making Accessibility Possible Full enforcement and compliance with the Persons with Disabilities Act This requires a multi-sectoral approach The desired outcome of this conference – -a national action plan that is fully owned, implemented and monitored by all stakeholders. …………… THE END THANK YOU, LADIES AND GENTLEMEN. 11

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