Domesticating the Convention


This week we attempt to shed more light on what various governments and their strategic partners are doing – and still need to do – in domesticating the Convention. Or to say the same thing almost differently, what is it that is being done in creating conducive legislative environments supported by programmes at grassroots aimed at empowering and mainstreaming disability?

Over the past few decades, many governments have introduced measures to promote employment opportunities for persons with disabilities. Different types of legislation have been put in place, with the International Labour Organisation (ILO) providing information, assistance and advice to governments, employers' and workers' organisations.

Efforts have focussed up to the present on establishing appropriate legislation, but now attention is turning towards the impact of the legislation on employment opportunities for people with disabilities. This question is central to the broader social and political rights of persons with disabilities, which are closely linked to their economic empowerment.

Recognising the crucial link between equity, disability, and poverty, in 2002, the World Bank embarked on mainstreaming disability into Bank operations and analysis. In 2006, the UN adopted the International Convention on Rights of Disabled People, and many governments and international development agencies are turning their attention to the goal of including persons with disabilities in development.

In Malawi, the disability sector was based on charity since early 1970s until mid 80s. Activities and caregivers benefiting persons with disabilities emerged from different churches and missions. Disability issues were taken care of by Ministry of Health and Population, Department of Community Services under the Ministry of Gender and Child Development. However, it was until December 1998 when the Ministry Responsible for Persons with Disabilities was formed as one way of refocusing and integrating disability issues in Government’s development agenda.

Since then, we have also witnessed ratification by Cabinet in November 2005 of a national policy on equalisation of opportunities for persons with disabilities with the aim of integrating fully persons with disabilities in all aspects of life, thereby equalising their opportunities in order to enhance their dignity and well being. In this way, the policy ensures that persons with disabilities have the essentials of life.

As if to climax it all, Malawi finally ratified the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2009, which ideally was seen as a major boost towards the empowerment of persons with disabilities in the country and a milestone in the history of disability rights in the country.

In terms of domestication of the Convention, it is imperative to note that ratification of CRPD would not be meaningful had the Malawi Government failed to put in place the National Policy on Equalisation of Opportunities for Persons with Disabilities whose content we are going to analyse in detail starting from next week.

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