Disability commission must not fail Nigerians

President Muhammadu Buhari, in August, 2020 approved the appointment of executive board members of the National Commission for Persons with Disabilities (PLWDs). The commission has as chairman a former member of the House of Representatives from Kebbi State, Hussaini Kangiwa, while James David Lalu, from the North-Central, was named as Executive Secretary. That inauguration was a milestone in the struggle by persons living with disability in Nigeria to have a platform that caters for their rights in Nigeria.

Disabled persons, according to legal definition, fall into the bracket of individuals who “have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities.” The United States Social Security Administration defines it as “the inability to engage in substantial gainful activity, by reason of a medically determinable physical or mental impairment that is expected to result in death or last at least 12 months.” Such impairment could be on any part of the body, like eyes, voice, arm, legs, etc. Persons of this category are entitled to social security protection income in the US in order to insulate them against abject poverty.

Over the years, persons living with one disability or another in Nigeria had been relegated to the background, as they are not brought into reckoning when decisions are taken in government or corporate organisations. They are discriminated against in various social spheres, whether it is in education, transportation, communication, health, employment, sport, etc. Some have been abandoned by family members and the society at large, leading to depression, untimely death, and untold frustration.

This is contrary to the United Nations principle that “Persons with disabilities should be recognized as equal partners, and be consulted by governments, the UN system, civil society and other stakeholders on issues that affect the society.” As at 2011, the number of persons living with disability in Nigeria was put at about 25 million, according to Human Rights Watch in 2019, which was about nine percent of the country’s population. Other sources argue that they may be about 30 million in Nigeria. No doubt, that is a sizable number that should not be ignored. In many parts of the world, especially the United States, there are deliberate laws that protect the civil rights of persons living with disability, ensuring they are not discriminated against in terms of employment,

Those who drafted the Act that establishes the National Commission for Persons with Disabilities attempted to be as comprehensive as possible. The Commission has been given responsibilities such as to: “(1) ensure the monitoring, evaluation and realization of government policy objectives on persons with disabilities; (2) receive complaints of persons with disabilities on the violation of their rights; (3) ensure research, development and education on disability issues and disables persons; (4) liaise with the public and private sectors and other bodies to ensure that the peculiar interest of persons with disabilities are taken into consideration in every government policy, programme and activity.”

The Act which the Commission shall administer has several provisions, including the following: “Before erecting any public structure, its plan shall be scrutinized by the relevant authority to ensure that the plan conforms to the building code. A government or government agency, body or individual responsible for the approval of building plans shall not approve the plan of a public building if the plan does not make provision for accessibility facilities in line with the building code. An officer who approves or directs the approval of a building plan that contravenes the building code, commits an offence and is liable on conviction to a fine of at least N1, 000, 000 or a term of imprisonment of two years or both. Discrimination is prohibited in public transportation facilities and service providers are to make provision for the physically, visually and hearing impaired and all persons howsoever challenged. This applies to seaports, railways and airport facilities. The rights and privileges include education, healthcare, priority in accommodation and emergencies.Furthermore, all public organisations are to reserve at least five percent of employment opportunities for these persons…”

After President Buhari set up the board members of the Disability Commission, the Minister of Humanitarian Affairs, Disaster Management and Social Development, Hajiya Sadiya Umar Farouq, made a remarkable statement, saying “Today is a very happy and fulfilling day for me as one of the vulnerable groups that are close to my heart finally have a Commission and Executives in place to cater to their needs, protect their rights and provide an enabling environment for them to maximize their potentials, thrive and contribute valuably to the society and the nation as a whole.” For the minister and all those who laboured for the law that protects those with disability to be passed and assented to by the president, it was a herculean task. Without resources to lobby members of the National Assembly, the interest group depended largely on their goodwill and appeals to the conscience of lawmakers to ensure the bill scaled through all the hurdles necessary for it to mature for the president’s approval. No doubt, the minister made invaluable contributions to this process.

Now, the ball is in the court of the board of the Commission to ensure all the dreams encapsulated in the Act are realized. The statute is not an end in itself. It is not enough to sit on the board of such a commission. To achieve the lofty objectives of the commission, there is need for sensitization of Nigerians, mobilization of government and corporate organisations on the need for them to comply with the demands of the law. The board should ensure that the education, health care and other social and economic rights of the people with disabilities as stipulated in the 1999 Constitution and the Law on the Rights of Persons with Disabilities are adhered to. As the Act has stipulated, the Commission must work hard to realise all noble provision of the Act. As ActionAid had advised the Commission, some of the key areas for immediate attention include, “transformation of transport system to ensure adequate buses and stops; street lighting, recruitment of female transport staff, disability friendly public toilets and infrastructure that caters to their mobility and protection.”

As it were, the Minister of Humanitarian Affairs has delivered on her promise to ensure the Bill was assented to by President Buhari and that the Commission, as required by Law, was set up. The ball is now in the court of the Board members of the Disability Commission to carry out the task needed to ensure the dream of persons living with disability comes to pass.

Adejo is of Bloom Media Network Limited, and writes from Nyanyan,Abuja.