Part I: General Principles

Introduction

Besides a list of definitions, Part I of the Equalization of Opportunities for Persons with Disabilities Bill also contains preliminary provisions on general principles to be used during implementation, as follows.

Basic Principle 1 

“The Government shall adopt policies and legislation on equalization of opportunities for persons with disabilities whose aim shall be to promote and protect the rights of persons with disabilities and to fully include them in all aspects of life to enhance their dignity and well-being so that they have essentials of life.”

Basically, what we mean by this principle is that the enactment of the Disability Bill shall be a significant boost towards the empowerment of persons with disabilities in the country and a milestone in the history of disability rights in the country. 

The law shall recognise the need for persons with disabilities to be involved in developing national programmes, projects and services. It shall promote the availability of helpful equipment, skills and services to all persons with disabilities, enabling them to achieve and maintain their optimum physical, sensory, intellectual and social functional levels. 

The law shall provide a general framework for formulating strategies towards disability prevention, rehabilitation and equalisation of opportunities for persons with disabilities. Such strategies would include programmes that create greater awareness and conscientiousness of communities and government relating to disability, as well as programmes that alleviate poverty amongst persons with disabilities and their families.

Basic Principle 2 

“The Government shall recognize the role of the private sector and civil society organizations in promoting and protecting the rights of persons with disabilities and shall encourage partnerships in programmes that address their needs and concerns by advocating the removal of social, cultural, economic, environmental and attitudinal barriers and facilitating the inclusion of persons with disabilities.”

It is pretty interesting, though, that in November 2011, Parliament enacted a law on Public Private Partnerships (PPPs), which ideally enhances synergy between Government, companies, civil society and private individuals in their combined effort to reduce poverty and improve development and social life. 

While the intention of PPPs is to ensure that no one in the public and private sector is left behind, it may be easier nonetheless to leave out persons with disabilities based on past and present experiences on people’s attitudes towards persons with disabilities. Full inclusion of persons with disabilities in society means they are considered equal participants. Their needs are understood as integral to the social and economic order and not identified as “special”. To achieve full inclusion, an accessible, barrier-free physical and social environment is necessary.

The Equalization of Opportunities for Persons with Disabilities Bill shall, therefore, when enacted, act as a weapon to allow persons with disabilities in both public and private spheres to play a participatory role in society and also ensure that they can access the same fundamental rights and responsibilities as any other citizen of Malawi.