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By F I Magweva

Making Inclusion a Reality Social Justice and Decent Employment for People with Disabilities in Zimbabwe. By F I Magweva. Introduction. Human rights and fundamental freedom are the birthright of all people All human rights must be seen as universal, indivisible, and interrelated

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By F I Magweva

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  1. Making Inclusion a Reality Social Justice and Decent Employment for People with Disabilities in Zimbabwe By F I Magweva

  2. Introduction • Human rights and fundamental freedom are the birthright of all people • All human rights must be seen as universal, indivisible, and interrelated • Rhetoric of international rights covenants does not put food on the tables of the local poor • Tension thereby exists between the necessary articulation of human rights and the fundamental requirements of food to eat

  3. Zimbabwe • Numerous measures were taken in order to redress the socio-economic imbalances and by 1990, Zimbabwe was considered the shining star of disability rights in the southern region of Africa • Between the year 2000 and 2008 Zimbabwe went through massive economic disruptions which resulted in high unemployment levels • The recent ratification of the United Nations

  4. Situational analysis Country Profile • Zimbabwe has a population of approximately 13 million people, according to the CSO (2012 • The population growth rate is 1.1%, • Approximately 37% of the total population resides in urban areas • Natural hazards include recurring droughts, • Environmental concerns include: deforestation; soil erosion; land degradation; air and water pollution; animal poaching; and poor mining practices, which have led to toxic waste and heavy metal pollution

  5. Zimbabwe • The nation’s natural resources include coal, chromium ore, asbestos, gold, nickel, copper, iron ore, vanadium, lithium, tin, and platinum group metals; diamonds • Very rich in natural resources e.g • 25% of world diamond deposits • 20% of world platinum • Corruption has become legendary

  6. Situational Analysis • ESAP which placed an emphasis on the reduction of the social expenditure and liberalisation of labour laws led to an avalanche of retrenchments and worsening of poverty. • Darwinism theory, only the fittest survived. • PWDs were among the first to be targeted. • The socio-political and economic crises finally reached a tipping point, in 2008, thereby forcing the three main political parties, MDC T, MDC M and ZANU/PF, to enter into a global political agreement in order to avert further humanitarian catastrophe

  7. Unemployment rate • Two rates are used • A) 88-95% • B) 7.7 • Supporters of B say-sections in the political arena and textbook economists are maliciously using the concocted statistics to tarnish Zimbabwe’s international standing and puts the rate of unemployment at only 7,7 percent of the economically active Zimbabweans are unemployed. • Informal employment is an important source of livelihoods for many people in Zimbabwe

  8. Unemployment Rate • Between 2009 and 2013 700 companies closed or downsized- loss of jobs • Faced with a lack of employment opportunities in the formal sector, Zimbabweans have displayed great ingenuity to create jobs for themselves as carpenters, street-vendors, cross-border traders, sculptors or brick-moulders • Most informal workers find themselves on the fringes of the law – they often lack the required license, or violate zoning by-laws that ban commercial activity from residential areas.

  9. Unemployment Rate • Poverty Income Consumption and Expenditure Survey (PICES) commissioned showed the rate of unemployment in Zimbabwe is higher in urban areas than in the rural areas • Employers constitute a very small percentage (0,2 percent) of the economically active population, • Communal and resettlement farmers constitute the largest share (43 percent), • Followed by unpaid workers 16,2 percent, • Paid permanent employees 15,2 percent • Own account worker 8,5 percent. • Paid casual employees constitute 8,6 percent of the economically active population

  10. Incidence of disability • Due to the crisis of the last several years, the governmental bodies normally responsible for tracking mechanisms have not been able to maintain such record keeping with accuracy. • For this reason, there are no reliable statistics regarding the incidence of disability in Zimbabwe • 2007 study in Zimbabwe indicated that there are approximately 1.4 million disabled people in Zimbabwe

  11. Normative framework and implementation • Legislation and policies • The liberation of Zimbabwe in 1980 marked the turning point in freedom for all people of Zimbabwe. This included people with disabilities (PWDs). • Employment Act (1980), the minimum wages regulations Act (1981), and the Labour Relations Act No 16 (1985). Zimbabwe boasts a disability Act, The Disabled Persons Act (1992), which deals exclusively with disability matters.

  12. Normative framework and implementation • Other acts and policies that address issues pertaining to people with disabilities include the Electoral Act which gave birth to two Senators with disabilities, Social Welfare Assistance Act, Child Protection Act, Public Health Act, Education Act and the new Constitution of Zimbabwe recognises disability Rights but does not compel the Zimbabwe government to provide services.

  13. Normative framework and implementation • Zimbabwe recently ratified the Convention on the rights of people with Disabilities (CRPD) • Disabled Persons Act (DPA) has mostly enabled people with disabilities to access education • The DPA has no provision for positive discrimination or affirmative action for disabled persons with regards to employment.

  14. Normative framework and implementation • The Disabled Persons Act, originally adopted in 1992, was revised in 1996 states clearly that no employer shall discriminate against any disabled person in relation to; the advertisement of employment, or the recruitment for employment • However has been difficult to implement- the Disability is not resourced

  15. Normative framework and implementation • The Act’s provision for setting up the Disability Board is commendable; however the board is seen as partisan and not independent • The Act does not provide a clear cut criteria and strategy of how it will cater for people with disabilities • Worse still, the Act does not provide strategies for ensuring conformity and compliance by stakeholders. • The Act as a whole does not provide for the promotion of employment of people with disabilities

  16. Normative framework and implementation • The law in fashioning the content of substantive rights neglects the experiences of women • Disability issues in Zimbabwe continue to be a preserve of the Ministry of Public Service, Labour and Social Welfare and the Ministry of Health and Child Welfare – a clear indication that Zimbabwe still subscribes to the charity and medical approach to disability issues • Has yet to embrace the human rights-based approach to disability.

  17. Normative framework and implementation • As a result the government approach continues to be a mixture of the charity and medical approach and persons with disability continue to face the three pillars of disability discrimination. • Three major types of discrimination experienced by people with disabilities in Zimbabwe as; • Attitudinal Discrimination- donor,employers • Environmental Discrimination and • Institutional Discrimination

  18. Normative framework and implementation • Overall there are considerable obstacles to employment by disabled people in Zimbabwe. • environmental barriers the majority of public buildings • Negative attitudes and the turbulent socio-political landscape in Zimbabwe removed disability from the national agenda. • Concomitant with the numerous stressors that are imbedded within the current situation, the national development agenda has shifted many resources to other areas such the HIV and AIDS and land reform arena

  19. Normative framework and implementation • Despite the existence of the legislation on disabled persons (Disabled Persons Act 1992), specifically designed to protect and promote the status and well being of disabled persons, more than twenty years after the legislation was promulgated nothing has changed in the lives of people with disabilities. • Therefore, more needs to be done to translate it into concrete action especially with regard to people with disabilities equal access to employment.

  20. Role of the government and policy mainstreaming • A process of reviewing several pieces of legislation pertaining to disability was initiated, including the Disability Act and the Mental Health Act to align them with the CRPD but taking very long • It rarely gets a meaningful budget to implement its mandate • In spite of limited resources the Ministry has introduced a disability loan fund to support income generating projects by people with disabilities.

  21. Role of the government and policy mainstreaming • The Ministry of Youth, Indigenisation and Economic empowerment empresses’ disability in both its youth and indigenisation programmes and • Representatives of people with disabilities sit in the Youth Council and the National Indigenization and Economic Fund (NIEF) Board. Youth with disability access youth funds • Disability is allocated 10% (on average) of the community share ownership funds. • These two programmes are relatively new and it might be too early to talk of their impact

  22. Learning Lessons • The cogent issue is that while legislation exists on paper the recent economic crisis has rendered the legislation nearly useless. • The government of Zimbabwe is fully aware of the dire situation of unemployment among people with disabilities but there are enough resources. • The loss of elections by ZANU PF to MDC in 2008 was a blessing in disguise. • Since that time ZANU PF took disability as one of its agenda and now that it won the recent elections there is renewed hope that necessary disability reforms will be implemented. • These reforms are necessary for the recovery of Zimbabwe to her former stance as a model country for disability rights in Africa

  23. Learning lessons • PWDs can use their numerical advantage- to influence national events – influence political parties; • To gain disability mileage e.g 20 councilors in Zimbabwe, 12 PWDs in Boards & Commissions; Nomination to parliament- 2 people; 2 senators

  24. Recommendation • The Minister must appoint a director of Disability Board according to the DPA; • The government must use the Gender Budget instrument to enhance social inclusion of PWDs; • Revise the current Disabled Persons Act (1996) • The domestication of the CRP which started a few year back should be speeded up • Provide meaningful resources to disability employment • Funders should also give priority to disability employment

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