Discrimination Against Persons with Disabilities (Prohibition) Act, 2018: The Content Analysis
Background
Nigeria ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007 and its optional protocol in 2010. Since then, civil society groups and people with disabilities have called on the government to put it into practice. Consequently, the Disability Bill formally called “Discrimination Against Persons with Disabilities (Prohibition) Bill” was first passed into law in 2009 by the Nigerian National Assembly. But it did not get the assent of the then President of Nigeria, Umaru Yar'Adua. In 2011 and 2014, the Bill was again passed by the National Assembly and in both occasions, it was not assented to by the then President, Goodluck Ebele Jonathan. Later, in November 2016 the Bill for the new law was passed by the House of Representatives and the Senate joint committee, but the Bill was not sent to Nigeria’s President Muhammad Buhari for signature until December 2018. However, on January 23, 2019 the Nigeria’s president Muhammad Buhari signed the Bill into law which is officially called “Discrimination Against Persons with Disabilities (Prohibition) Act, 2018”. The Disability Act came into force after 9 years of relentless advocacy by disability rights groups and activists.
The Act is in line with United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The Act provides for the full integration of persons with disabilities into the society, and established the National Commission for people with disabilities that is vested with responsibilities for their education, healthcare, social, economic and civil rights, and for related matters. This is a very applaudable development in Nigeria as this has been long sought for by persons with disabilities in the country.
What is Disability and Who are Persons with Disabilities (PWDs) in the Act?
According to Section 57 of the Act, “Disability” includes Long term physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder full and effective participation in society on basis with others. Meanwhile, “Persons with Disabilities” implies -
Person who has received Temporary or Permanent Certificate of Disability to have condition which is expected to continue permanently or for a considerable length of time which can reasonably be expected to limit the person’s functional ability substantially, but not limited to seeing, hearing, thinking, ambulating, climbing, descending, lifting, grasping, rising, and include any related function or any limitation due to weakness or significantly decreased endurance so that he cannot perform his everyday routine, living and working without significantly increased hardship and vulnerability to everyone obstacles and hazards; and
a person with long term physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder their full and effective participation in society on equal basis with others.
Rights of PWDs in the Act
The Act seeks to ensure integration of persons with disabilities by guaranteeing the following rights:
1. The Right to Free Education: The Section 17 of the Act stipulates that a person with disability shall have an unfettered right to education without discrimination or segregation in any form. It also guarantees free education to up to secondary school level for every person with disability. Likewise, the Section 18 (1) of the Act states that all public schools, whether primary, secondary or tertiary shall be run to be inclusive of and accessible to persons with disabilities, accordingly every school shall have: (a) at least one personnel trained to cater for the educational development of persons with disabilities; (b) special facilities for the effective education of PWDs.
2. The Right to Free Healthcare: The Section 21, subsection (1) of the Act states that government shall guarantee that persons with disabilities have unfettered access to adequate health care without discrimination on the basis of disability. Likewise, by Section 21, subsection (2) persons with mental disabilities are entitled to free medical and health service in all public institutions. the Act also requires public hospitals to ensure provision for special communication where a patient with communicational disabilities is being medically attended to.
3. The Equal Right to Work/Employment: The Section 28, subsection (1) of the Act states that a person with disability has the right to work on an equal basis with others and this includes the right to opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open. Hence, by Section 28 subsection (2) any person or who contravenes subsection (1), commits an offence and is liable on conviction to nominal damage of a minimum of ₦250,000 (Two Hundred Fifty Thousand Naira) payable to the affected person with disability. Likewise, Section 28 subsection (3) where a company contravenes subsection (1):
the company commits an offence and is liable to nominal damages of a minimum of ₦500,000 (Five Hundred Thousand Naira) payable to the affected person with disability;
any principal officer of the company involved in the violation is liable to 50,000 damage payable to the affected person with disability.
Furthermore, the Section 29 of the Act requires all employers of labour in public organisations shall, as much as possible, have persons with disabilities constituting at least 5% of their employment.
4. The Right of Accessibility: The Section 3 of the Act stipulates that a person with disability has the right to access the physical environment and buildings on an equal basis with others. Likewise, Section 4 of the Act states that a public building shall be constructed with the necessary accessibility aids such lifts (where necessary), ramps and any other facility that shall make them accessible to and usable by persons with disabilities. Similarly, as enshrined in Section 5 of the Act, the road side-walks, pedestrian crossings and all other special facilities made for public use shall be made accessible to and usable by persons with disabilities including those on wheelchairs and those with visual impairments.
Furthermore, the Section 10 and 11 subsection (1) of the Act respectively states that government and transport service providers shall make provisions for lifts, ramps and other accessibility aids to enhance the accessibility of their vehicles, park and bus stop to persons with disabilities including those on wheelchairs.
Similarly, it is incorporated in Section 13 subsection (1) of the Act that seaports facilities and vessels shall be made accessible to persons with disabilities. While, subsection (2) states that railway stations, trains and facilities in the trains shall be made accessible to persons with disabilities.
The Section 14 subsection (1) stipulates that all airlines operating in Nigeria shall -
ensure the accessibility of their aircraft to persons with disabilities;
make available presentable and functional wheelchairs for the conveyance of persons with disabilities who need them to and from aircraft;
ensure that persons with disabilities are assisted to get on and off board in safety and reasonable comfort; and
ensure that persons with disabilities are accorded priority while boarding and disembarking from the aaircraft
Besides, the Section 15 of the Act specifies that any general information shall be translated into accessible format appropriate to the person with disability.
5. The Right of Participation in Politics and Public Life: It is incorporated in Section 30 subsection (1) of the Act that persons with disabilities shall be encouraged to fully participate in politics and public life. Meanwhile, subsection (2) states that government shall actively promote an environment in which persons with disabilities can effectively and fully participate in -
the conduct of public affairs without discrimination;
non-governmental organisations and associations concerned with the public and political life of the country; and
activities and administration of political parties.
Other Salient Provisions in the Act
The Act provides for the full integration of PWDs into the society and prohibits any form of discrimination on the grounds of disability by any person or institution in any manner or circumstance. The following are salient provisions in the Act:
1. Prohibition of Discrimination and Penalty: The Section 1 of the Act prohibits all forms of discrimination against persons with disabilities on the ground of disability and imposes sanctions including fines of ₦1,000,000 (One Million Naira) for corporate bodies and ₦100,000 (One Hundred Thousand Naira) for individuals and or a term of six months imprisonment for contravention.
2. Awareness Programmes: The Section 2 of the Act saddles the Federal Ministry of Information with the responsibility of creating awareness regarding the rights, respect and dignity of persons with disabilities as well as capabilities, achievements and contributions of PWDs to the society for all to be informed.
3. Transitory Period: The Section 6 of the Act stipulates a five-year transitional period within which all public buildings and structures, whether immovable, movable or automobile, which were inaccessible to PWDs shall be modified to be accessible to and usable by PWDs.
4. Building Plan: According to Section 7 subsection (1), before erecting any public structure, its plan shall be scrutinized by the relevant authority to ensure that the plan conforms with the building code, and it meets the needs of PWDs. It further requires all public buildings shall be constructed in a manner to enable PWDs easy and usable access. Hence, the subsection (2) states that 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. Consequently, the subsection (3) stipulates that any officer who approves or directs the approval of a building plan that infringes the building code, commits an offence and is liable on conviction to a fine of at least ₦1,000,000 (One Million Naira) or a term of imprisonment of two years or both.
5. Complaint of Inaccessibility: As enshrined in Section 8 subsection (1) of the Act, in case of the existence of inaccessibility or barrier to access of a person with disability to an environment that he has a right or duty to access, he may, without prejudice to his right to seek redress in court, notify the relevant authority in charge of the environment of the existence inaccessibility or barrier to accessibility of the environment, and the relevant authority in charge shall take immediate and necessary steps to remove the barrier and make the environment accessible to the PWDs. Consequently, by subsection (2) herein, if the relevant authority in charge fails to comply, so it commits an offence and is liable on conviction, if it is-
a corporate body, ₦10,000 (Ten Thousand Naira) damages payable to the affected person for each day of default;
an individual, ₦5,000 (Five Thousand Naira) damages payable to the affected person each day of default or six months imprisonment or both.
6. Goods, Services and Facilities: According to Section 9 subsection (1) of the Act, a person who whether for payment or not, provides goods or services, or make facilities available, shall not discriminate against PWDs by:
refusing to provide those goods or services or make those facilities available to PWDs;
the terms or conditions on which the provider provides those goods or services or makes those facilities available to PWDs;
the manner in which the provider provides those goods or services or makes those facilities available to PWDs.
7. Reserve Space: The Section 12 subsection (1) of the Act, stipulates that at public parking lots, suitable spaces shall be properly marked and reserved for persons with disabilities. By subsection (2) herein, for a person with disability to be entitled to the use of the reserved space, his car shall have been properly identified with the necessary insignia.
Furthermore, according to subsection (3) herein, a person, organisation or corporate body in control of a public parking lot who fails to provide reserved spaces for PWDs as stated in subsection (1), commits an offence and is liable on conviction to a fine of ₦1,000 (One Thousand Naira) for each day of default. Also, by subsection (4) herein, a person without disability who parks a vehicle in the reserved space of PWDs, commits an offence and is liable on conviction to a fine of ₦5,000 (Five Thousand Naira). Equally, by subsection (5) herein, any person who intentionally obstructs the reserved space of PWDs, commits an offence and is liable on conviction to a fine of ₦5,000 (Five Thousand Naira). However, the subsection (6) herein states that the reserved space does not apply if a person with disability is a passenger in the vehicle.
8. Prohibition of Use of Persons with Disabilities in Soliciting for Alms: Another sadly common practice in our society is the exploitation of persons with disability for the solicitation of alms by displaying their disabilities to elicit public sympathy. Alms collected are rarely used to improve the standard of living of the person with disability.
Therefore, Section 16 subsection (1) of the Act prohibits the use of any person with disability in soliciting for alms. It is stipulated clearly that a person shall not -
employ, use or involve a person with disability in begging;
parade persons with disabilities in public with intention of soliciting for alms; or
use condition of disability as a guise for the purpose of begging in public.
Consequently, by subsection (2) herein, a person who contravenes the subsection (1) commits an offence and is liable on conviction to a fine of ₦100,000 (One Hundred Thousand Naira) or a term of six months imprisonment or both.
9. Certificate of Disability: The Section 22 stipulates that a person with disability shall obtain a certificate of disability from the National Commission for Persons with Disabilities. A Temporary Certificate of Disability may also be issued by a medical doctor, upon approval of the National Commission for PWDs where a disability is discovered in the course of the doctor’s treatment of a patient. This means that if a medical doctor suspects disability in the course of treatment of a person who was not a person with disability, the doctor may with the approval of the National Commission for PWDs, issue a Temporary Certificate of Disability which shall last for not longer than 180 days. Also, if the state of disability persists beyond 180 days, the Commission on the recommendation of a medical doctor, shall issue the person a Permanent Certificate of Disability which shall last for as long as the state of the disability persists.
Furthermore, a person issued with a Permanent Certificate of Disability is entitled to all rights and privileges under the Act. Consequently, by Section 23 a person who unlawful issues or obtains a Certificate of Disability, commits an offence and is liable on conviction to a fine of ₦200,000 (Two Hundred Thousand Naira) or imprisonment for a term of one year or both.
10. Situation of Risk and Humanitarian Emergencies: It is stated in Section 26 of the Act that in all situation of risk, violence, emergencies and the occurrences of natural disasters, the government shall take all necessary steps to ensure the safety and protection of persons with disabilities taking cognisance of their peculiar vulnerability.
11. Service at Queues: According to the Section 26 subsection (1), in queues, persons with disabilities shall be given first consideration and, as much as possible, be attended to outside the queue. Consequently, by subsection (2), any person who violates this section commits an offence and is liable on conviction to a fine of ₦50,000 (Fifty Thousand Naira) or a term of six months imprisonment or both.
12. Accommodation: The Section 27 of the Act stipulates if accommodation is being provided by schools for their students, employers for their employees, service providers for their customers, organisations for their members, government for the people and in any other circumstance whatsoever, persons with disabilities shall be given first consideration.
13. Establishment of National Commission for Persons with Disabilities: The Section 31 subsection (1) of the Act established the National Commission for Persons with Disabilities which is under the Presidency. By Section 32 subsection (2) of the Act the Governing Council of the Commission shall consist of -
a part time chairman;
one person with disability from each geo-political zone;
a representative each from the Federal Ministry of education, health, sports, women affairs, housing, transport, environment, labour and productivity, Justice, finance and a representative each from the National Human Rights Commission and National Planning Commission.
Also, by Section 31 subsection (3) of the Act, the Chairman of the Governing Council and one representative each from the 6 geo-political zones, shall be appointed by the president subject to the confirmation of the senate. Likewise, according to Section 34 of the Act, the Chairman and members of the Governing Council shall each hold office for a term of four years and may be re-apppointed for a further term of four years and no more.
Furthermore, the Section 37 of the Act stipulates that the Governing Council of the Commission shall have power to:
manage and superintend over the affairs of the Commission;
make rules and regulations for the effective running of the Commission;
establish and promote inclusive schools, vocational and rehabilitation centres for the development of PWDs;
liaise with the public and private sectors and other bodies to ensure that the peculiar interests of PWDs are taken into consideration in every government policy, programme and activity;
issue insignia of identification with PWDs;
collaborate with other relevant government agencies and professional bodies in the building industry, enforce compliance of public buildings codes and impose necessary sanctions and make appropriate order;
receive complaints of PWDs on the violation of their rights;
support an individual’s right to seek redress in court, investigation, prosecution or sanctioning, in appropriate cases, the violation of the provision of the Act;
ensure research, development and education on disability issues and PWDs;
collaborate with the media to make information available in accessible format for PWDs; and
procure assistive devices for all disability types.
Similarly, according to Section 39 subsection (1) of the Act, the Commission shall have power to do any lawful thing, which will facilitate carrying out of its functions and in particular may -
enter into contract for the education and welfare of PWDs;
purchase or acquire any assets, business or property considered necessary for the proper conduct of its functions;
sell, let, lease or dispose of any of its property;
undertake or sponsor research where necessary for the performance of its functions;
train managerial, technical or other category of staff for the purpose of running the affairs of the Commission.
collaborating with other government agencies, civil society organizations, and international partners to promote the inclusion and rights of persons with disabilities.
Conducting research and collecting data on the needs and experiences of persons with disabilities in Nigeria.
Advising the government on policies and programs for the inclusion and welfare of persons with disabilities.
Ensuring that all government programs and services are accessible and inclusive for persons with disabilities.
Providing support services and assistance to persons with disabilities, including access to education, healthcare, and employment opportunities.
Promoting public awareness on the rights of persons with disabilities and the need for their inclusion in all aspects of society.
Monitoring and enforcing compliance with the provisions of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018.
Conclusion
The enactment of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018 is only a first step in fulfilment of Nigeria’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Therefore, authorities should now put effective measures in place for its full implementation to ensure equal treatment and participation of persons with disabilities across Nigeria.
