The Committee on the Rights of Persons with Disabilities today concluded its review of the initial report of Zambia, with Committee Experts commending the State for the work done so far, including the Persons with Disabilities Act, while asking questions about persons with albinism and land bursaries for persons with disabilities.
Samuel Kabue, Committee Member and Coordinator of the Taskforce for Zambia, said Zambia had done a lot of work so far. Some of the key achievements made by the State included the formulation of the Persons with Disabilities Act of 2012 which had managed to successfully domesticate the Convention. The disability policy of 2015 was another achievement.
A Committee Expert asked what measures the State had taken in cases where the body parts of persons with albinism had been cut off in suspected ritualistic practices? What legal or policy measures had the State party taken to protect persons with albinism from skin cancer? Since 2014, there had been 11 killings of persons with albinism reported. Another Expert asked what measures were being taken to combat stigma, harmful practices, bullying and hate crimes against persons with albinism?
One Committee Expert said it was understood that land was given to persons with disabilities for them to develop. Did these persons have the financial resources to develop this land? Was the land close to basic services? Another Expert said information had been received that the land provided to persons with disabilities was far away and inaccessible, with no access to roads, schools or health services. How was this been addressed? How were persons with disabilities able to live in this situation?
The delegation said there was no specific legislation which protected persons with albinism. However, the Penal Code clearly protected persons living with albinism. In all 10 provinces, there were offices for persons with disabilities. Working with the police, these offices ensured that all killings related to persons with albinism were reported, and that all people who were living with albinism were protected. Sunscreen was provided to persons with albinism free of charge in all regional offices. A representative was working with the Zambian Police Service to ensure that harmful practices which affected persons living with albinism were combatted and all perpetrators were prosecuted. Several safehouses were in place for victims of albinism related violence to ensure a recovery plan and their protection. The recovery plan included a bimonthly cash transfer, as well as community integration.
The delegation said the land was part of a move by the Government to promote independent living for persons with disabilities. In 2012, a number of persons with disabilities had been offered land, as the first beneficiaries. Roads were built where the first group were situated, and schools had also been constructed. Roads were currently being constructed where the second group of recipients of the resettlement package would be located, as well as water bores. The State was doing everything to make the land recipients as comfortable as possible.
Eunice M.T. Luambia, Permanent Representative of Zambia to the United Nations Office at Geneva, introducing the report, said Zambia had made notable strides towards implementing the Convention, including through the Persons with Disabilities Act. The full participation of persons with disabilities was critical to the development, implementation and monitoring of inclusive policies. The Government of Zambia had amended legislation, including through repealing derogative terms and discriminatory articles within the Bill of Rights. The State party had enacted the Children's Code Act, which recognised provisions of the Persons with Disabilities Act, including children. Zambia was also undertaking the process of developing accessibility standards to ensure adherence to accessibility standards in the country.
In closing remarks, Ms. Luambia expressed gratitude to the Committee for the review. The process had allowed the State party to observe the gaps identified by the Committee. Zambia would provide any missing answers in writing.
Mr. Kabue thanked the delegation of Zambia for the important interaction. The Committee wished to act as a mirror for Zambia. The lack of resources and the coordination of ministries were key issues for the Committee. The Committee would make recommendations to Zambia.
The delegation of Zambia was comprised of representatives from the Ministry of Community Development and Social Services; the Ministry of Justice; the Agency for Persons with Disabilities; and the Permanent Mission of Zambia to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee's thirtieth session and other documents related to the session can be found here.
The Committee will next meet in public at 3 p.m. this afternoon to consider the combined initial and second periodic report of Bahrain (CRPD/C/BHR/1-2).
Report
The Committee has before it the initial report of Zambia (CRPD/C/ZMB/1).
Presentation of Report
EUNICE M.T. LUAMBIA, Permanent Representative of Zambia to the United Nations Office at Geneva, apologised for the absence of the Permanent Secretary who was supposed to present the report but was unable to travel to Geneva because of pressing national issues. Zambia wished to reaffirm its commitment to the advancement of the rights of persons with disabilities. Zambia had made notable strides towards implementing the Convention, including through the Persons with Disabilities Act. The full participation of persons with disabilities was critical to the development, implementation and monitoring of inclusive policies. Zambia recognised that inclusion enabled communities to combat discrimination, including harmful stereotypes, and to recognise diversity, promote effective participation, and overcome barriers. The robust inclusion drive by Zambia's Government was pioneered by the community-based inclusive development strategy, which ensured that persons with disabilities lived independently and participated fully in society.
The Government of Zambia had amended legislation, including through repealing derogative terms and discriminatory articles within the Bill of Rights. Zambia continued to review the Anti-Gender Violence Act of 2011 to harmonise it with other pieces of legislation, including the Penal and Criminal Codes, and to facilitate the effective implementation of the law. The State party had enacted the Children's Code Act, which recognised provisions of the Persons with Disabilities Act, including children. The best interests of the child were always taken into account.
Zambia was also undertaking the process of developing accessibility standards and ensuring adherence to these standards in the country. Persons with disabilities, women and youth were provided with training in financial inclusion, including digital finance. The Government also ensured that funds were decentralised to the community level to benefit youth and persons with disabilities. Ms. Luambia concluded by stating that the inclusion drive by the Government of Zambia had been heightened to ensure the inherent rights of persons with disabilities.
Questions by Committee Experts
SAMUEL KABUE, Committee Member and Coordinator of the Taskforce for Zambia, said Zambia had done a lot of work so far. Some of the key achievements made by the State included the formulation of the Persons with Disabilities Act of 2012 which had managed to successfully domesticate the Convention. The disability policy of 2015 was another achievement. The national development plan 2022-2026 was anchored on inclusiveness. It was hoped that inclusiveness touched persons with disabilities. What plans were in place to ensure that the Persons with Disabilities Act was fully implemented by enabling necessary regulations and other statutory documents that covered all areas, including inclusive education, health and accessibility?
How did the State address the concerns regarding derogatory terms, in reference to persons with disabilities, which were still on some of the statute books, including the Bill of Rights and the Penal Code? What steps were taken to address the Mental Health Act of 2019, which provided for denial of legal capacity of certain persons with disabilities, contrary to the Convention?
How did Zambia's national development plan 2022-2026 provide for clear mechanisms for the effective engagement and participation of persons with disabilities? How was it ensured that Zambia's Agency for Persons with Disabilities could carry out its mandate? What mechanisms were in place to ensure persons with disabilities were able to genuinely participate in all legislative and policy matters that concerned them? How were they made aware about organised programmes? Who contacted them and how?
What steps were being taken to ratify the Optional Protocol? What was the status of the process of Zambia's long review of the Criminal Code and Penal Code, which used discriminatory terms to describe persons with disabilities? How was the State addressing the concerns of persons who were deaf and felt discriminated against under the Traffic Act, regarding obtaining driving licenses?
What specific programmes were in place for the empowerment of women and girls with disabilities? How many girls and women with disabilities were beneficiaries of the general programme of education? How were women and girls with disabilities, who were more vulnerable to abuse, gender-based violence and discrimination, being protected? What was being done to ensure women and children with disabilities were specifically targeted through awareness raising programmes on gender-based violence and HIV?
What plans were in place to review the national child policy to specifically address the needs of children with disabilities? Would the new disability policy specifically refer to children with disabilities, and in what way? What strategies were in place to support caregivers and early learning centres to stimulate children with disabilities?
What was being done to enforce the provision in the Disability Act to provide sign language? Currently, only the State television service provided sign language in its broadcasting. What steps had been taken to develop national accessibility standards to facilitate equal and unhindered access for persons with disabilities to the built environment, information and technology?
What measures had the State taken in cases where the body parts of persons with albinism had been cut off in suspected ritualistic practices? What legal or policy measures had the State party taken to protect persons with albinism from skin cancer? Since 2014, there had been 11 killings of persons with albinism reported.
Responses by the Delegation
The delegation said Zambia was in the process of actualising the Disability Act, and had implemented a number of activities towards the enactment of statutory instruments on education, health, transport and accessibility. The consultations were at the final stage. Disability mainstreaming had successfully been ensured to actualise the Persons with Disabilities Act.
Zambia was undergoing consultations with various stakeholders to review the Bill of Rights and conduct amendments. The Bill of Rights was required to be amended via a referendum, and Zambia was ensuring this was dealt with as a nation. Consultations had been undertaken with stakeholders on the Mental Health Act to ensure its provisions aligned with the Disabilities Act, which reigned supreme as far as matters of disabilities were concerned in the country. Zambia had drafted disability streaming guidelines to ensure access to services by persons with disabilities.
