AN ACTION PLAN ON:DISABLE CONCERN LAWS REFORM

PROJECT

SUBMITTED TO:JAPAN INTERNATIONAL COOPERATION AGENCY

(JICA), JAPAN

SUBMITTED BY:RUDRA PRASAD PANDIT

MINISTRY OF WOMEN,CHILDREN AND SOCIAL WELFAREKATHMANDU,NEPAL

TRAINEE ON: INTELLECTUAL DISABILITIES(18 MAY 2004 - 31 JULY 2004)

COURSE NO:J-04-00640JULY, 2004

A. PHILOSOPHY

LAW provides fundamental bedrock of entitlement. Real change requires strong and clear legislation imposing pro-active obligation on the government. People with disabilities (PWDs) have the fundamental legal right to get education, equal employment opportunities, minimum standard of living, equal participation, health services, and freedom from discrimination and social inclusion that would be helpful to lead their life as enjoyable as a productive citizen of the society.

B. PURPOSE OF THE PROJECT:

To promote and assert the entitlement of disabled people’s legal right.

C. OBJECTIVES OF THE PROJECT:

IMMEDIATE OBJECTIVES:

To reform/amendment disabilities related existing acts, rules, regulations which are discriminatory and insufficient to provide basic services for the PWDs.

LONG TERM OBJECTIVESTo create legal awareness among the different concerned ministries, departments and disabled peoples organizations. To protect and promote the interest of disabled person.To maintain a reliable, up to date, comprehensive national data-base concerning PWDs.To promote accessible house, public transportation system and walking space for the disabled peoples.To develop remedies for unfair and discriminatory treatment against PWDs.To secure employment and jobs for PWDs through quota and reservation system.To provide necessary permits to implement special measure or affirmative action.To enhance the legal enforcement system and ensure justice for the victims disabled peoples.To strengthen the coordinating role of MWCSW at all levels,

D. BACKGROUND:

Nepal’s commitment on international disability related Instruments:

Universal deceleration of human right-1948.International convention on Economic, Social and Cultural right 1966.Deceleration of the right of disabled person-1975.International year of the disabled person-1981The world programs for action concerning disabled peson-1982Convention on the right of child-1989CEDAW convention-1991The UN standard rules on equalization of opportunitiesfor person with disabilities-1993The Asian and pacific decades of disabled person 1993-2002 and extended decades.

National Focal Ministry:

His Majesty’s Government of Nepal (HMG/N) has established the Ministry of Women, Children and Social Welfare (MWCSW) as a focal ministry on disability affairs with specific responsibilities and mandate to make plan ,policy, act, rules and regulationThe ministry has two division and nine section units. The working mandates for the protection, welfare and right of the person with disabilities have been assigned to the Social welfare division and social security and reform section.

Constitutional provision on disability issues:

The constitution of the kingdom of Nepal-1990 article 11 of the constitution states that the special law shall be made for the protection and promotion of the interested of women, children and, the older people and those who are physically and mentally incapacitate. Further article 26(9) directs the states to form the policies in he area of education, health and social security for the protection and welfare of person with disabilities. Thus; all the legislation programs and policies for disabled people derive these two constitutional provisions.

Current acts, rules and regulation on disabities issues:

Social welfare act -1992 Labor act Education act -2000Child protection act-1992 Local self governance act -1999National code of coduct-1964(Muluki

Ain- 2020)

Existing facilities according to laws:

Exemption of fee in educational institute.Free education for two children of each

disabled person.Provision for the free health treatment.Facility for free legal consultation.Equal treatment in the workplace.Tax exemption facilities. Traveling facilities.

Rational /Need :1:

1).Lack of proper Definitions and classification of disability:DPWA act 1982 defines; disabled people as those who “due to physical or mental causes are incapable or unable to carryout their daily activities”. This definition only defines nature of disability. But it does not classify the different types of disabilities and their definition and causes such as: physical, visual, hearing, intellectual, learning, psychiatric and other types of disability. Thus; some of them are not accounted in national census and different survey as a disabled people. Therefore; the number of PWDs are dramatically bellow 5% of total population, where the UN estimates of 10% prevalence in developing countries.

Rational /Need: 2 :

2).Non Disabled women have no Married freedom; According to civil code act, the law provides that if a wife became lame or disabled, a man can get authority to have another wife, while wife have not such opportunity to have married if her husband became lame or disabled. She has to care of her husband and family. This is more negative discrimination law towards women.

Rational /Need:3:

3)Disabled service national coordination committee:This committee is chaired by welfare minister and comprising 25 member including officials, professionals and disabled peoples organization. Its’ primary aim is to develop policy and advised the government in disability issues. Representative from intellectual disable people organization is not included. This committee meetings rarely held in one or two times in a year since 1981.Because, this committee has not any legal authority and responsibilities regarding the issues. It means that this committee has need legal power through the legal reform.

Rational /Need :4:

4) No quota /reservation system for disabled peoples: In disability related acts and regulation; there is no any quota/reservation for the disabled peoples for the employments in government sectors. Similarly there is no any enforcement mechanism system for the employment promotion for the disabled peoples.

Rational /Need:5:

5).No formation of Disability determination committee:In most of the rural areas where the doctor has not been designated or unavailable for the definition & disability determination, there is a legal provision to formation of disability determination committee. Up to right now, neither this committee has been formation nor fixed the number of members committee. Thus need is felt that representation from the Women Development office and PWIDs organization for women disability issues and disabled peoples right respectively. Through the legal amendment, number of the member committee and enforcement mechanism system will be developed.

Rational /Need:6:

6) Fixed responsibility is not determined to maintain official data on PWDs:

In DPWA act; it is said that village development committee (VDC),CDO as a public welfare officer and Central Bureau of Statistic have responsibilities to register the different types of disability and maintain the inventory of PWDs. But no one has kept the record and thus we have had not accurate data on PWDs. Without knowing how many people with disabilities exist and the nature of disability, it is not possible to plan or deliver the effective services. From this disabilities related legislation reform action plan, single responsible agency will be designated and inventory of PWDswill be kept.

Rational /Need:7:

7). No legal protection for in-house abuse and punishment happened: No legal protections have been introduced to protect and to prohibit physical punishment, violence, abuse and neglects in the home. Therefore, this issue for the disabled people remains hidden from view, denied and ignored.

Rational /Need:8:

8). Facilities of technical aids and equipment is not available in public places:For the daily living things such as; bath tubs, toilet facilities, beds and communication aids, modified public motor vehicles are not available in public places. These facilities should be compulsory and fundamental right of the disabled people and should be provided by the concerned agency according to the law. These services were not included in the Nepalese law; thus need to restructuring.

Rational /Need:

Road Traffic Law:To control the road accident concerned agency should installed the sound signal system for visual impaired people.Highway and Road Act:

To easy mobility and accessible for physical disabled peoples; department of roads will get responsibility to improve the public road according to revised law and barrier free concept.Public Building Construction law:Public official building will be constructed according to amended law and barrier free concept.

RATIONAL/NEED: conclusion:

Therefore; there is strong need for the existing legal frameworks to be reviewed and amended to ensure that there is no further criminalization of disabled victims and their right is upheld. It should be emphasized that the enforcement of disabled related legislation could be more effective through a disability friendly approach. These and other hidden law may prove to be more of a hindrance and seriously reconsidered.

TARGET GROUPS:

People with all types of disabilities allover the country.

DURATION OF THE PROJECT:

The proposed project period has 2 years and will carry out within December 2004. The project will be operational from 1 January 2005 and will end of December 2006.

PROJECT LOCATION:

The proposed projects’ location will be at the Ministry of Women, Children and Social Welfare in the capital city of Katmandu, Nepal.

R E S O U R C E S / I N P U T S :

Personal resources:Joint secretary from welfare division-chairperson – 1(one).Consultant/expert from disability human right – 1(one). Medical Doctor. – 1(one).Representative from concerned ministries. – 7(seven).Representative from Disable peoples’ organization -4(four).Representative from parent organization. -2(two).Member secretary-section officer – 1(one).Assistant for typing, mailing and letter writing. – 1(one).

Total human resources: 18 (eighteen)

Financial resources:

The project cost will be Nepalese rupees: 16, 00,000 equivalent

(US $20,000).Out of total cost 80 % from the government’s internal resources and rest 20 % from governance reform programs funds. The amount will be expenses on salary of consultant, meeting allowances, regional seminar, stationeries and manual printing.

Breakdown of the purposed budget1. Salary------------------------- 1*24*20000===== Nrs.480, 000.002. Meeting Allowances-----------24*16*1000==== Nrs.384,000.003. Regional seminar---------------5*20000====== Nrs.100, 000.004. Computer, TV/video, Camera and accessories= Nrs.434, 000.005. Stationaries----------------------24*5000====== Nrs.120, 000.006. Books and study report-----------------======= Nrs. 16,000.007. Final Report/Manual printing==100*500===== Nrs.50, 000.008. Others expenses----------------------========= Nrs.16, 000.00---------------------------------------------------------------------------------

Total expenditures: ====1600,000.00

Others Resources:

Relevant international laws and study reports.Computer hardware and software.Seminar hall for regional workshop.Tape record, video camera, photocopy, TV and concerned accessories.

PLAN OF OPERATION:

DCLR projectDecision will be included in final report

Number of Minutes In each month(24 month)

To Conduct regular meeting

4

DCLR projectPositive outcome will be

applied in report.

All resources materials Within Jan30,200

5

To collect concerned books and

study reports

3

MWCSWExpertise applied Appointment of consultant

Within Jan30,2005

Consultant hire2

MWCSWProject implementati

on started

Project officeestablished

Within Dec.30,2004

Established project

office at MWCSW

1

RemImplementing agency

Expected out comes

IndicatorsTime-frameActionsSn

PLAN OF OPERATION contd…

DCLR projectValuable recommenda

tions explored

Workshops’report published

Within July 30,2005

Conduct workshop on Disable peoples’legal right for policy maker , M.p. and concerned stake holders (45

8

DCLR projectEffective project implementati

on

On going monitoring report published

WithinJuly 15,2005

To develop & apply

monitoring and

evaluation mechanism

7

DCLR projectOutput of consultation

willbe collected

Number of consultationmeeting

WithinJune 30,2005

Conduct consultation with DPOsand Parent

organization

6

DCLR projectSuggestions generated

Report of seminarWithin May 30,2005

To Conduct Regional seminar

5

PLAN OF OPERATION contd…

CLR projectProject terminatio

n

Handover documentsto MWCSW

Within dec.30,2

006

Project handover

11

DCLR projectFinal draft of report law available

Final report submission

Within Dec.20,2

006

Submission of final

report to HMG/Nep

al

10

DCLR projectIn country discussion started , easier to collect

feedback

Draft report publishedWithin April 30,

2006

Dissemination of draft report

9

MONITORING / EVALUATION:

Project will establish / developed a systematic monitoring and evaluation form for the project monitoring.Strengthen monitoring and evaluation section of the ministry to monitor and evaluate the activities at central level.General orientation will be provided to monitoring and evaluation desk of the ministry and other officials from concerned ministries and departments as well.At the first 6th month of the project period monitoring and evaluation will be done by checking the number of regional seminar and meetings held and number of the reviewed laws and their sections.Midterm monitoring and evaluation at 12th month to check the number feedback received after drat manual dissemination.Pre-post term evaluation at 18th month to check the feedback inclusion in manual of revised law.At the end of the project; final evaluation will be done at 24thmonth to check the number of revision for the final draft.

SUSTAINABILITY:

His Majesty’s Governments of Nepal will give high priority for financial and personnel arrangement.As an apex body; Disabled Services National Coordination Committee (DSNC committee) of MWCSW and Legal section from the concerned ministries will be mobilized as an effective actor of implements /enforcement of law.DSNC committee will do continuous monitoring and evaluation for the enforcement /implementation situation of new act in consultation with disabled people’s organizationAll of above mentioned activities will help to the project to be a sustainable.

IMPORTANT ASSUMPTIONS:

The governments of Nepal will agree to reviewed/reformed the Disability related legislation.

Secretary of the MWCSW will agrees to provide space for the setting up project site at the ministry.

The member of parliament will not opposed during the legislative process.Financial, human resource and other resources will be available from the concerned ministries and departments.

Continuous support from concerned ministries departments will be received.

For regional workshop/ seminar hall will be available.

Support will be received continuously from disables peoples organization, parents’ organization and others.