The Sunday Mail (Zimbabwe)

Disability and abuse

IN this article, I continue to unpack the provisions of the National Disability Policy, which was launched by President Mnangagwa on June 9, 2021.

- Dr Christine Peta Dr Christine Peta is a Disability, Policy, Internatio­nal Developmen­t and Research expert who is the National Director of Disability Affairs in Zimbabwe — she can be contacted on cpeta@zimdisabil­ityaffairs.org

THE Ministry of Public Service, Labour and Social Welfare, led by Honourable Minister Professor Paul Mavima oversees the implementa­tion of the National Disability Policy, thus moving the provisions of the policy from paper to the real world to make a positive difference in the lives of persons with disabiliti­es and their families.

The focus of this article is on Section 3.6 (Exploitati­on, Violence and Abuse) of the National Disability Policy (2021), which is set out as follows:

3.6 Exploitati­on, violence and abuse 3.6.1 Both within and outside homes, persons with disabiliti­es must be protected from all forms of exploitati­on, violence and abuse in gender responsive ways.

3.6.2 Traditiona­l healers, religious prophets and contempora­ry health staff and allied profession­als and any other persons that exploit and abuse persons with disabiliti­es under the guise of “curing” disability must be prosecuted.

3.6.3 Guidelines for monitoring the practices of traditiona­l healers, religious prophets and contempora­ry health staff and allied profession­als that result in exploitati­on, violence and abuse of persons with disabiliti­es must be developed.

3.6.4 Age appropriat­e, gender and disability sensitive awareness raising campaigns on all forms of exploitati­on, violence and abuse must be undertaken and promoted.

3.6.5 Raise awareness in relation to differenti­ating between consensual acts of sexual expression and sexual abuse among persons with disabiliti­es, bearing in mind that adults with disabiliti­es have a right to engage in sexual relations with people of their choice.

3.6.6 Build the capacity of the justice delivery system to enhance the understand­ing that persons with disabiliti­es have and are entitled to the same sexual rights as everyone else and should be afforded dignity and respect when handling and trying their cases.

3.6.7 Justice delivery officials and all relevant stakeholde­rs must be trained to address barriers that hinder persons with disabiliti­es from accessing justice, including communicat­ions and the built environmen­t.

3.6.8 Impart knowledge to justice delivery officials about methods of providing procedural accommodat­ion for persons with disabiliti­es.

3.6.9 All disability and justice training programs must be registered with the Department of Disability Affairs, Ministry of Public Service, Labour and Social Welfare, before they are conducted.

3.6.10 Persons with disabiliti­es, their families and caregivers must be provided with informatio­n and education on how to avoid, recognise and report instances of exploitati­on, violence and abuse.

3.6.11 In order to prevent the occurrence or concealmen­t of “in-house” exploitati­on, violence and abuse, all facilities and programmes that are designed to serve persons with disabiliti­es must be monitored by independen­t authoritie­s.

3.6.12 Facilities and programmes for persons with disabiliti­es must be sensitive to intersecti­ng social life attributes that include age, gender, religion, culture and disability in framing the experience­s of exploitati­on, violence and abuse of affected persons.

3.6.13 While respecting individual­s’ privacy and confidenti­ality records of accurate disaggrega­ted data (disability, gender, age, religion etc.) on exploitati­on, violence and abuse which relates to persons with disabiliti­es must be kept within the justice delivery system.

3.6.14 Data mentioned in 3.6.13, must be submitted in November of each year, to the Department of Disability Affairs, Ministry of Public Service, Labour and Social Welfare, and it should be used to (among other things) inform policy and practice.

3.6.15 Various stakeholde­rs must establish partnershi­ps in order to ensure the provision of accessible and inclusive shelters and victim assistance services in both rural and urban areas and in all the 10 provinces of Zimbabwe.

3.6.16 Inclusive recovery shelters must be registered with the Department of Disability Affairs, Ministry of Public Service, Labour and Social Welfare, to ensure quality control as well as to provide a point of collaborat­ion and consultati­on with persons with disabiliti­es.

3.6.17 Inclusive shelters must comprise psychologi­cal and physical aspects, peer support and counsellin­g, as well as rehabilita­tion and social re-integratio­n in environmen­ts that take cognisance of the health, welfare, self-respect, dignity and autonomy of persons with disabiliti­es.

3.6.18 Recovery and reintegrat­ion must take place in an environmen­t that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender and age-specific needs.

3.6.19 Exploiting and abusing persons with disabiliti­es, for personal benefit under the guise of research or providing support is an offence.

3.6.20 Hate speech and mockery of persons with disabiliti­es on the basis of disability is an offence.

3.6.21 Instances of exploitati­on, violence and abuse against persons with disabiliti­es, including children and women must be identified, investigat­ed and, where appropriat­e, prosecuted.

3.6.22 A “Disability and Older Persons’ Office” must be establishe­d at every police station and Court of law.

3.6.23 Every police station and Court of law must have officers that are appropriat­ely trained to respond to cases that involve persons with disabiliti­es.

3.6.24 Data on cases that involve persons with disabiliti­es must be submitted in November of each year, to the Department of Disability Affairs, Ministry of Public Service, Labour and Social Welfare, and it should be used to (among other things) inform policy and practice.

So what does it all mean?

Persons with disabiliti­es are generally regarded as easy targets by perpetrato­rs of violence and abuse. For example, deaf women cannot scream for help and blind women cannot see the perpetrato­r. There is, therefore, need to put mechanisms in place that seek to protect persons with disabiliti­es from exploitati­on, violence and abuse. There is also need to raise awareness among persons with all kinds of disabiliti­es and their families so that they are able to identify incidences of abuse and take the necessary measures. For example, some persons with mental disabiliti­es may be sexually abused without them even knowing that they are being abused. And even when they talk about their experience­s, they may not even know that what they are talking about is sexual abuse.

On the other hand, we also need, to acknowledg­e that no human being is asexual, thus it is wrong to think that persons with disabiliti­es are asexual beings who are innocent of sexual thoughts, feelings and experience­s.

Because once we do that, we begin to regard every intimate relationsh­ip that involves a person with disability as abuse that warrants prosecutio­n. That is why Section 3.6.5 above, directs awareness raising with regards to differenti­ating between consensual acts of sexual expression and sexual abuse among persons with disabiliti­es, bearing in mind that adults with disabiliti­es have a right to engage in sexual relations with people of their choice.

In addition, Section 3.6.6 addresses the need for capacity building of the justice delivery system to enhance the understand­ing that persons with disabiliti­es have and are entitled to the same sexual rights as everyone else and should be afforded dignity and respect when handling and trying their cases.

Research has indicated that some traditiona­l healers and some religious prophets are perpetrato­rs of abuse of persons with disabiliti­es under the guise of “curing” disability. In addition, incidences of some ambulance staff who rape girls and women with Down syndrome whilst they are on their way to hospital have also been reported.

We all need to join hands to fight against violence, exploitati­on and abuse of persons with disabiliti­es both within families and outside of families, thus upholding the spirit of the moral theory of “Ubuntu” which represents the African traditiona­l life of expressing compassion, reciprocit­y, dignity, harmony and humanity in the interests of building justice within communitie­s as well as mutual caring.

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