The Ministry was seen as not too keen to facilitate domestication of the UNCRPD. President Emmerson
Mnangagwa made promises to domesticate the Convention in the 2018-2019 Parliamentary sitting.
That is a promise yet to be fulfilled.
Specific Cases
Ÿ
The government is yet to domesticate the UNCRPD which it ratified in 2013. The application
of the Convention has immense implications for removal of barriers, equalisation of
opportunities and disability inclusion. Domestication would open avenues for recourse for
non-compliance via the Committee on the Rights of Persons with Disabilities.
Ÿ
There is a Disability Policy under construction, currently in its third draft form. The Policy has
not been finalised yet. The process of developing the Policy has been long drawn. The
Committee on the Review of the Disability Policy, working under the National Disability
Board, is driving the process. The non-finalisation of the Policy meant that the Disabled
Persons Act continued unsupported by formal policies and implementation strategies.
Ÿ
With the Convention approach in mind, disability legislation in Zimbabwe which must be
aligned to the Constitution, include the following: the Disabled Persons Act [Chapter 17:01],
the Mental Health Act [Chapter 15:12], the State Services (Disability Benefits) Act [Chapter
16:05], the Social Welfare Assistance Act [Chapter 17:06], the War Victims Compensation Act
[Chapter 11:06], the Criminal Law (Codification and Reform) Act [Chapter 9:23], the Criminal
Procedure and Evidence Act [Chapter 9:07], and the Geneva Conventions Act [Chapter
11:06]. Many of protections guaranteed in the Convention are lacking in the statutes. The bulk
of these laws still use pejorative terms like “imbecile”, “idiocy”, “mentally disordered”,
“intellectually handicapped” and “mental patients” that disempower, demean, degrade,
belittle, stigmatise and devalue PWDs.
Ÿ
Voter education in 2018 left out people with hearing impairments. The Deaf Zimbabwe Trust
registered concern over the failure by the Ministry of Primary and Secondary Education to
come up with sign language syllabi, yet sign language is an official language in terms of section
6 of the Constitution.
Ÿ
NASCOH reported that access to justice in courts was compromised for persons with hearing
disabilities due to a lack of sign language interpreters. Persons with disabilities living in rural
settings faced even greater challenges. In Bindura, a case of rape involving a minor
complainant initially failed to kick off because no one other than the child's mother could
interpret the sign language of the child.
Ÿ
There was no comprehensive and up-to-date database of PWDs kept by the Ministry of Public
Service, Labour and Social Welfare. Such a database would be instrumental in informing
disability programming and intervention needs by both government and non-state actors.
48
STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
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