Part II – Provisions on Administration of the Law

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Part II provides for the general administration and implementation of the Bill when enacted. 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.

Article 4 reads: The Minister shall be responsible for (a) coordinating policy formulation and review; (b) implementation, monitoring and evaluation of programmes; (c) promoting disability mainstreaming in all sectors; (d) mobilizing resources from both internal and external sources for policy development and implementation; (e) strengthening the capacity of organizations of and for persons with disabilities in order to enhance advocacy to facilitate effective and efficient implementation of policies, programmes and services.

Article 5 reads: The Minister shall have powers to establish institutions and committees for purposes of the proper and effective administration of the Bill when enacted; The Minister shall establish the National Advisory and Coordinating Committee on Disability Issues which shall (a) provide a high level forum for  key stakeholders on disability issues to receive, discuss and review reports from Government Ministries and departments and other relevant stakeholders on disability mainstreaming; (b) make recommendations on best practices to Government on the  formulation of policies, legislation and programmes,  with respect to disability; and (c) oversee the implementation, monitoring and evaluation of disability-related programmes.

The Bill shall, when enacted, also gives the Minister mandate to establish the National Advisory and Coordinating Committee on Disability Issues (NACCODI) which refers to a Committee comprising several stakeholders at Principal Secretary or Chief Executive level to advise and coordinate disability mainstreaming. NACCODI shall provide a high level forum for key stakeholders on disability issues to receive, discuss and review reports from Government Ministries and departments and other relevant stakeholders on disability mainstreaming. The committee shall also make recommendations on best practices to Government on the formulation of policies, legislation and programmes, with respect to disability, and oversee the implementation, monitoring and evaluation of disability-related programmes.

Most significantly, it is imperative to note that achieving equality among persons with disabilities sometimes requires additional measures and resources such as the provision of assistance to persons with psychosocial or intellectual disabilities in order to support them in making decisions and in exercising their legal capacity on an equal basis with others. As such, the Bill, when enacted, shall provide NACCODI the mandate to make recommendations to the Minister of Finance to ensure that adequate financial resources are made available for disability mainstreaming and implementation of all disability programmes and services.

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