MEMORANDUM SUBMITTED TO THE BUILDING BRIDGES TO UNITY ADVISORY TASKFORCE
The purpose of the Memorandum and proposals contained herein are intended to put the views of Persons with Disabilities in Kenya on record so as to elicit appropriate implementation action on the same for their sustainable benefit. The Memorandum has been submitted in response to the public invitation by the Building Bridges to Unity Advisory Taskforce hereinafter “BBI” in exercise of its mandate set out in Kenya Gazette, Vol. CXX—No. 64 of 31st May 2018; Notice No. 5154 dated 24th May 2018. Paragraph 2 (i) of the Gazette Notice provides that “In the performance of its functions, the Taskforce shall solicit, receive and consider written memoranda or information from the public …”
MEMORANDUM ON THE CONSTITUTION OF KENYA (AMENDMENT) BILL, 2019
This Memorandum has been prepared by the Caucus on Disability Rights Advocacy (CDRA) which is a coalition of stakeholders in disability advocacy and the United Disabled Persons of Kenya (UDPK) which is the national umbrella for organizations of persons with disabilities in response to the call for public consultation by the National Assembly.
Accelerate Equitable And Quality Inclusive Education For Children And Youth With Disabilities.
We commit to supporting nations and communities to realise inclusive education and call on other partners and actors to significantly step up action and show their commitment to delivering on the promise of the Sustainable Development Goals to ‘leave no-one behind’. We aspire for:
Baseline Survey Report – Amplifying Voices of Women with Disabilities in Kenya Project
The Amplifying Voices of Women with Disabilities in Kenya is a three-year project being implemented by the United Disabled Persons of Kenya (UDPK) in six Counties; Homa Bay, Kakamega, Laikipia, Meru, Mombasa and Taita Taveta.
Baseline Survey Report -INCLUSIVE ELECTION- Participation of Persons with Disabilities in Electoral and Political Processes in Kenya
The Convention on the rights of persons with disabilities (CRPD) defines disability as including; those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
The policy analysis was led by ACTS with input from UDPK and UON, the team started by identifying all the relevant policies in the four policy domains. Under education ten (10) policies were identified out of which four were fully analysed. The remaining six underwent content analysis for reference to and mention of disability.
Kenya’s constitution guarantees the right to health as outlined in Art. 43(1a) which states that ‘every person has the right to the highest attainable standard of health, which includes the right to healthcare services, including reproductive healthcare’. The Kenya Health Policy (2014-2030) does not explicitly define PWDs but references this in terms of disability-adjusted life-years and the causes of disability.
The right to social protection is explicitly guaranteed in the Constitution of Kenya of 2010 (Article 43 [1e]). The representation of children with disability in the Kenya National Children Assembly is also provided for. Additionally, the National Council for Persons with Disabilities (NCPWD) has county officers who are mandated to ensure mainstreaming of disability and inclusivity at county level.
Kenya’s commitment to promotion of access to the labour market on an equal basis is evidenced in the different policy instruments. Some of the key instruments include the Employment Act (Revised Edition 2012 ); Kenya National Employment Policy (2014); PWD Act (2003); National Disability Development Fund (NDDF); Article 54 (2) of the Kenya Constitution; Ministry of Labour (MoL) Strategic Plan (2013 – 2017); The Public Procurement and Asset Disposal Act (2015); Labour Regulations Act (2007); Occupational Health and Safety Act (2007)
Policy Brief on Education, Health & Labour Combined
A policy analysis on four domains: education, health, labour and social protection for Persons with Disabilities (PWDs), in Kenya was conducted under the Bridging the Gap project (Box 1). The analysis was conducted to assess how current national policies, programmes and strategies in, education, health, labour and social protection address poverty, inequality and access to services for disabled adults and children in Kenya. Over 35 policies were identified.
2017 IFES Kenya Policy Platform – Women Challenged to Challenge
This policy platform is an advocacy instrument for disabled people’s organizations (DPOs) to engage with national and county governments to ensure the inclusion of women with disabilities in development processes. It was developed with inputs from Kenyan women with disabilities from 18 different organizations. Women Challenged to Challenge organized the formulation of this policy platform, with the support from the International Foundation for Electoral Systems (IFES) through a platform workshop with representatives from women-focused DPOs from various counties in Kenya.
Over the course of this three-year project, research teams in four countries (Kenya, Sierra Leone, Uganda and Zambia) set out to better understand the relationship between disability and development in each country across four domains (education, health, labour markets and social protection). These countries were chosen as they demonstrate a range of socioeconomic stages of
development. All have ratified the UN Convention on the Rights of Persons with Disabilities (CRPD).
Turning Intent Into Action: Final Strategies and Priorities Paper
This paper offers guidance to disabled peoples’ organisations, civil society organisations and other non-state stakeholders working on disability matters. It establishes the strategies and priorities which these stakeholders should keep in mind as they engage the State to ensure full implementation of the recommendations made to Kenya by the Committee on the Rights of Persons with Disabilities.
The Plan of Action on Implementation of the Recommendations Made by the Committee on the Rights of Persons with Disabilities to the Republic of Kenya is prepared by the Government in partnership with disabled peoples’ organisations (DPOs). The Plan of Action is spearheaded by the Ministry of East African Affairs, Labour and Social Protection (MEAL & SP), whose functions include disability matters.
Kenya was reviewed under UNCRPD in August 2015 and a set of concluding observations issued. UDPK, with the support of OSIEA initiated a dialogue with the national government to draw an action plan on the implementation of these concluding observations of UNCRPD Committee of Experts. At the same time, DPOs in Kenya did agree and developed an advocacy and lobbying strategy. DPOs have an advocacy and lobbying strategy in place.
An Act of Parliament to provide for the rights and rehabilitation of persons with disabilities; to achieve equalisation of opportunities for persons with disabilities; to establish the National Council for Persons with Disabilities; and for connected purposes