On the International Day of Persons with Disabilities, the ICJ, Inclusion Africa, Sightsavers and Validity Foundation welcome the adoption by the African Commission on Human and Peoples’ Rights of a Resolution on 6 November aimed at advancing the ratification and effective implementation of the African Disability Protocol (“Protocol”) across the African continent.
The Protocol is a treaty of the African Union, the purpose of which is to promote, protect and ensure the full and equal protection of all human rights by all persons with disabilities.
The entry into force of the Protocol in May 2024 was a significant milestone towards realizing the rights of persons with disabilities on the continent, requiring those States that had ratified it to give it full effect. The Commission’s November 2024 Resolution, calls on States to take expeditious action to make sure the Protocol will be truly effective in ensuring the rights of persons with disabilities.
The Resolution, which was a product of engagement between the Commission and a range of organizations of persons with disabilities and other civil society organizations during its 81st Ordinary Session in Banjul in October 2024, calls on African Union Member States, among others things, to:
- Ratify the Protocol;
- Implement the Protocol in consultation with persons with disabilities;
- Undertake capacity strengthening for persons with disabilities in the activities of the Commission;
- Set up accountability mechanisms to support the implementation of the Protocols;
- Prioritize marginalized groups of persons with disabilities, including women and girls with disabilities, persons with psychosocial disabilities, persons with intellectual disabilities and persons with albinism;
- Ensure accessibility in documentation and communication formats throughout the African Union.
“The Commission rightly recognizes that African States should ensure meaningful engagement with persons with disabilities while developing national strategies on domesticating and implementing the African Disability Protocol. It is important to ensure, in particular, that persons with intellectual and psychosocial disabilities are not excluded from such processes, as they often are,” said Auberon Jeleel Odoom, Chairperson, Inclusion Africa.
Critically, the Resolution also includes an acknowledgement by the Commission of the critical role private actors, such as businesses, will have to play in giving effect to the Protocol.
“The Commission’s call for private entities that offer facilities and services open to the public to consider the rights of persons with disabilities is an important step. Private entities often fail to take even basic measures to ensure accessibility of the services, facilities and goods they provide to persons with disabilities. This is often the cause of significant frustration and humiliation for persons with disabilities and compromises their rights,” said Wilson Macharia, ICJ Africa’s Associate Legal Advisor.
In a significant step forward, the Resolution commits the Commission itself to take some important steps to secure the implementation of the Protocol, including:
- Developing reporting guidelines to assist States in periodic reporting to the Commission, as is required under the Protocol;
- Developing an implementation strategy for the Protocol; and
- Mainstreaming accessibility and inclusion within all aspects of the Commission’s work and operations.
“The African Commission should double down on these commitments and develop clear and timebound plans to improve the accessibility and level of engagement of persons with disabilities and their representative organizations with the Commission. At present organizations of persons with disabilities often struggle to access the Commission’s proceedings, processes and documents” said Grace Antwi-Atsu, Senior Global Advocacy Advisor at Sightsavers.
The coming into effect of the Protocol creates an opportunity for organizations of persons with disabilities to use a range of African Union mechanisms to advocate for the protection of the rights of persons with disabilities at a regional level.
“The Protocol will be used by persons with disabilities to give effect to their rights. They can do so, as examples, by submitting communications to the Commission when their rights are violated, or by submitting shadow reports on State’s implementation of the Protocol for consideration by the Commission”, said Jennifer Wairimu, Litigation Officer at Validity Foundation.
Background
The Resolution was proposed by the African Commission during a side event to the 81st Ordinary Session of the African Commission, hosted by the International Commission of Jurists, Validity Foundation, Sightsavers and Inclusion Africa in collaboration with the Working Group on the Rights of Older Persons and People with Disabilities (the Working Group) on 18 October 2024.
The speakers in the side event included: Hon. Commissioner Louise Abomo; Lawrence Mute (Disability Rights Expert & Former Vice Chair of the Commission); Grace Antwi-Atsu (Senior Global Advocacy Advisor at Sightsavers); Samuel Delali Anku (self Advocate & Vice-Chair of Inclusion Africa); Robinah Alambuya (President of Transforming Communities for Inclusion); Muhammed Krubally (Chairperson of Gambia Federation of the Disabled); Jennifer Wairimu (Litigation Officer at Validity Foundation) and Wilson Macharia (Legal Advisor at the International Commission of Jurists).
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities (African Disability Protocol) was adopted by the African Union on 29 January 2018 pursuant to Article 66 of the African Charter on Human and Peoples’ Rights which permits the development of special protocols to supplement the Charter. It came into force on 3 May 2024. As of October 2024, 15 African States had become party to the Protocol: Angola, Burundi, Cameroon, Kenya, Mali, Mozambique, Namibia, Niger, Rwanda, South Africa, Congo, Malawi, Nigeria, Sahrawi Arab Democratic Republic and Uganda.
The entry into force of the Protocol was achieved through dedicated advocacy by various stakeholders, especially organizations of persons with disabilities across Africa, over an extended period.
The purpose of the African Disability Protocol is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. It reaffirms the obligations established in the UN Convention on the Rights of Persons with Disabilities, while additionally addressing issues which were not dealt with by this global disability rights instrument.
Resources
18 October 2024 side event hosted by the International Commission of Jurists, Validity Foundation, Sightsavers, Inclusion Africa and the Working Group on the Rights of Older Persons and People with Disabilities
Contact
Wilson Macharia, ICJ Africa Associate Legal Advisor, e: wilson.macharia@icj.org
Jennifer Wairimu, Litigation Officer at Validity Foundation, e: jennifer@validity.ngo
Grace Antwi-Atsu, Senior Global Advocacy Advisor, Sightsavers, e: gantwiatsu@sightsavers.org
Fatma Wangare, Regional Co-ordinator, Inclusion Africa, e: fatma@inclusionafrica.africa
This statement is issued by Inclusion Africa, Sightsavers, Validity Foundation and the International Commission of Jurists.