The African Disability Protocol- A homegrown legal framework to promote disability rights.

In the disability fraternity, we have demanded locally made solutions to inclusive development. What we have learnt from the 20th century is that successful development requires tailor-made and homegrown legal frameworks. We are now aware as Africans that all imported blueprints should be filtered through local practice and needs of the Africans. The African Disability Protocol must be embraced with both hands as our own locally made legal framework.

This legal framework requires all member states of the African Union to formulate disability laws and policies to promote disability rights in their countries.

The?African Disability Protocol ?ensures that no one is truly left behind. It is unique to the continent and takes African practices and concerns into consideration so that the lives of people with disabilities improve. It tackles the ingrained issues of disability discrimination so that everyone can access health, education and employment without stigma.

The protocol addresses and encompasses specific issues such as customs, traditional beliefs, harmful practices and the role of the family, caregivers and community. It also deals with community-based rehabilitation and minority groups within the African disability community, including people with albinism.

Is the UNCRPD Enough?

Does the UNCRPD captures all the African needs and aspirations? Is it sensitive to our social and cultural context? Such questions are asked but need more answers from the ADP. Although the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is the first comprehensive human rights treaty of this century, it does not address the unique challenges like the African Disability Protocol does. The UNCRPD does not adequately address the unique situation of persons with disabilities in Africa.

The protocol takes into account the general comments and observations of the UNCRPD. It builds on the rights enshrined in the UNCRPD and Universal Declaration of Human Rights but uses a rights-based approach, but is more detailed and illustrative in representing the uniqueness of the African context.

It is a gross injustice that disability rights in Africa have previously not been prioritised given that?80% ?of persons with disabilities live in developing countries. However, this situation seems to be gaining some attention with most African states having ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) with the exception of three,?namely ?Cameroon, South Sudan and Eritrea. Following this trajectory, in 2018, the African Union (AU) member states adopted the?African Disability Protocol ?which will enter into force after ratification by 15 AU member states. Despite its potential to enhance persons with disabilities’ enjoyment of their rights, as of March 2022, the African Disability Protocol has only been ratified by?three countries ?namely; Mali, Kenya, and Rwanda which is disappointingly low.

A call for the ratification of the African Disability Protocol

A real advocacy is required in all member states through civil society organizations to ensure the protocol is ratified. As of May 2021, the protocol had 10 signatures and only one ratification with several states at various stages in their ratification efforts. As of March 2022, the African Disability Protocol has only been ratified by?three countries ?namely; Mali, Kenya, and Rwanda which is disappointingly low.

It is now high time that stakeholders and advocates call on all African Union states to ensure their ratification and implement the protocol. At Disability and Development Pathways (DDP) , we keep the ball rolling as we support the ratification of this legal framework by all member states.

If you would like to find out more about the African Disability Protocol or get involved with its ratification in your country, contact Taurai Chako, [email protected], Lead Consultant at Disability and Development Pathways (DDP)

About DDP

DDP is a development management consultancy organisation based in Zimbabwe. Disability & Development Pathways has built key expertise in research and evaluation for both small and large scale assignments in Africa. We revel in our capability in providing cutting edge, globally informed and locally relevant advisory services to clients of different backgrounds and scale of operation from bilateral donor governments, recipient governments, multilateral agencies and NGOs.

We Place Inclusion At The?Heart Of Development