WUNRN
KENYA - DISABILITY LAW, MAINSTREAM
STRATEGY IN PROCESS,
DISABLED WOMEN'S GOALS FOR EQUALITY
& POLITICAL PRESENCE
By Miriam Gathigah
|
In the past,
Juma never had a safe space to raise these issues. But all this has now
changed. Juma and many other disabled women can now raise their concerns with
the newly established Ministry of gender and social development.
The
establishment of this Ministry two years ago has been a milestone in
Critical
processes which were meant to improve the plight of the minority and
disadvantaged in the country have been initiated.
This is
reflected by the formulation of various interventions to reach those who may
not be in a position to access socio-economic opportunities, which are key to
their development.
Some of
these interventions have included the setting up of a Women and Youth Fund, as
well as a persistent push for gender equality policies in all sectors of the
economy.
Even so, it
is the call for a census to establish the number of persons with disabilities,
and the nature of disabilities, that has further proved that the Ministry does
not only address women’s and children’s issues, as had been previously
perceived.
This call
was initiated by the former Minister, Esther Murugi, in an effort to mainstream
the issue of disability in the country.
But some
feel not enough has been done. It is even worse for those with political
ambitions, "I have been dismissed even before being given an opportunity
to speak my mind - firstly for just being a woman and then for being a woman
who is not physically fit," explains Kanini Mugambi, an aspiring
politician from
The country
is yet to see a disabled woman in Parliament. "Going by the kind of
violence meted out to female politicians in the last general elections of 2007,
many women with disabilities nurturing political ambitions might feel
threatened because their mobility is limited and they may not be able to run in
case there is a scuffle - as is usually the case," explains Mishi Juma.
This is
despite the fact that, according to
She further
explained that
Within this
financial year, the government had committed itself to set up a multi
million-dollar fund to address problems faced by people living with disability.
While Murugi
said the establishment of the fund was a good beginning, she was also
optimistic that the fund could be doubled in the next financial year to enable
persons living with disabilities to access funding for entrepreneurship, as was
the case with the Women and Youth Fund.
"Although
this might be the case, most physical amenities in the country lack suitable
infrastructure to assist people with disabilities," explains Juma.
This is in
spite of the fact that the Disability Act, as well as the Constitution, demands
that all persons living with disabilities are entitled to ‘reasonable access to
all places, public transport and information.’
The call for
a census to be undertaken among persons living with disabilities was therefore
an expression of the government’s commitment to improving the plight of the
physically challenged.
In fact,
according to the Constitution that was only recently promulgated, the
"State shall ensure the progressive implementation of the principle that
at least five percent of the members of the public in elective and appointive
bodies are persons with disabilities."
It is
imperative to also note that the government, in conjunction with state
corporations, is working on identifying targets to establish a disability
committee that would be mandated with the task of developing a disability
mainstreaming strategy.
The strategy
will not only ensure that people with disabilities do not face discrimination
in public places, but that they are also able to access services which are
available to other Kenyans.
Although
there are legal frameworks in place to protect and promote the rights of the
disabled, including policy guidelines awaiting Cabinet’s approval, there is a
need for the legal system to work in collaboration with society.
"This
is because it is the same society that hides children born with disability from
the world, denying them an opportunity to grow together with other children.
And by the time they are exposed to society, the culture shock is too
overwhelming for them," explains Hamisa Zaja, chairperson of disabled
groups in the Coast region.
In light of
the devolved system of government, Hamisa Zaja further urged disabled women not
to shy away from politics and to present themselves to the electorate when the
opportunity presented itself.
In the
meantime, she called for leaders to sensitise the public on the need to create
an enabling environment for people with disabilities to pursue the same
opportunities as other Kenyans, particularly in the political arena.