General Overview of Disability Bill

Over the past few decades, many governments have introduced measures to promote a range of rights for persons with disabilities. In 2006, the UN adopted the International Convention on Rights of Disabled People (CRPD), and many governments and international development agencies are turning their attention to the goal of including persons with disabilities in development. In terms of domestication of the Convention, it is imperative to note that ratification of CRPD would not be meaningful if the Malawi Government fails to enact the long-awaited Disability Bill whose content we are going to analyse in detail starting from this week.

The enactment of the Disability Bill will definitely be a milestone in the history of disability advocacy movement, as the legislation would promote the rights of persons with disabilities and allow them to play a participatory role in society in Malawi. The law will also ensure that persons with disabilities access the same fundamental rights and have the same responsibilities as any other citizen of Malawi and that they are included in all political, social and economic development initiatives.

The Disability Bill, when enacted, shall be cited as the “Equalization of Opportunities for Persons with Disabilities Act.” Currently, this Bill has five parts as follows:

Part I contains preliminary provisions such as definitions of certain terms used in the Bill and general principles.

Part II provides for the general administration and implementation of the Act.  It gives powers to the Minister to set up committees, and establishes the Malawi Council for Disability Affairs (MACODA) also known as “the Agency”.  The Agency will be an arm of the Government and will be responsible for the promotion of the equalization of opportunities for persons with disabilities, advise the Minister on all matters affecting persons with disabilities, register persons with disabilities and regulate relevant organizations.

Part III provides for rights of persons with disabilities and places obligations on Government and other stakeholders to ensure that those rights are enjoyed by persons with disabilities.  The rights, among others, include health, accessibility to the physical environment, transport, information, education, housing and employment.

Part IV provides for the establishment of Disability Trust Fund, the monies of which shall be drawn from disability levy established for the purpose of supporting programmes aimed at mainstreaming disability and promoting inclusion.

Part V contains miscellaneous provisions such as restrictions on seeking of contributions from the public to avoid abuse by individuals; organizations of and for persons with disabilities; and other non-governmental organizations (NGOs); investigations to be carried out by the Minister or any designated Agency where violations of the Act are reported; powers of the Agency to impose administrative penalties for some offences under the Act; and powers of the Minister to make regulations, and repeal of the Handicapped Persons Act.