Johannesburg, 28 March 2025: The African Disability Protocol (ADP) entered into force in August 2024, following its ratification by 15 nations, including five in the SADC region. The ADP has a distinctly African perspective on protecting and promoting the rights of persons with disabilities. Persons with disabilities (PWD) have physical, mental, psycho-social, intellectual, neurological, developmental, or other sensory impairments. They are disabled by the environmental, attitudinal, or other barriers that hinder their full and effective participation in society on an equal basis with others. The prevalence of disability is much higher in poor communities. PWDs face many intersecting forms of discrimination.
The promotion and protection of the rights of persons with disabilities (PWD) was significantly enhanced by the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which was adopted in 2006, came into effect in 2008, and has been signed by 164 nations globally. The UNCRPD shifted perceptions of persons with disabilities from being “objects” of charity who required medical treatment and protection to PWD being “subjects” of rights. Persons with disabilities should be able to claim their rights, be active members of society, and participate in decision-making. This includes being elected to all bodies that make decisions, from school governing bodies to parliaments, and actively participating in these.
Disability discrimination in Africa is rooted in deeply held beliefs that often include a supernatural dimension. This discrimination has a disproportionate impact on women. In particular, mothers of children with disabilities may be accused of witchcraft or bringing a curse upon the family. Discrimination based on disability is one of the harmful practices considered by the Barometer.
Harmful practices are deeply rooted in gender inequality that is rooted in social, cultural and religious norms. They include behaviour, attitudes, and practices based on tradition, culture, religion, superstition or other reasons, which perpetuate discrimination against persons with disabilities. They are a violation of human rights which disproportionately affect women and girls.
One example of the specific challenges that people with disabilities are subject to in Africa is regarding albinism. Albinism is a genetic condition that causes a person to have little to no melanin, the chemical that gives colour to skin, hair, and eyes. People with albinism, at best, face social exclusion. At worst, they are subject to deadly attacks, as their body parts are in great demand for ritual purposes in some countries. There are also beliefs that intercourse with a woman or girl with albinism can cure HIV. This has led to widespread sexual violence against women and girls with albinism.
The birth of a child with disability is often a source of conflict in a relationship. This may lead to a breakdown of the relationship. The child is left with only one parent or in the care of a relative who is not usually equipped to support or care for the child. Many children with disabilities have been hidden and locked away, unable to participate in education or benefit from health services. These children are unable to access support and therefore cannot reach their full potential.
Women and girls with disability are often at risk within their homes, schools and communities of violence, abuse, maltreatment or exploitation. The ADP has a specific section on protecting the rights of women, which includes the right to participate in decision-making, be included in organisations and programmes, be treated with dignity, access information, training, employment, and income-generating activities. It guarantees protection from sexual and gender-based violence with rehabilitation and psychosocial support for survivors. The ADP further guarantees the SRHR rights of women with disabilities, including the right not to be sterilised without their consent.
The ADP also has specific sections on children with disability, youth with disability and older persons with disability.
Many SADC countries are enacting legislation and developing policies to protect and promote the rights of PWD. One example is the Zimbabwe Disabled Persons Act of 2013. Legislation and policies are the basis for action to create more inclusive societies. An example is that South Africa has adopted Sign Language as an official language.
Legislation and policies only have meaning, though, when they are implemented. We must urge our governments at both the local and national levels to fulfill their responsibilities. Action must also begin at the community level to challenge the deep norms that fuel discrimination. These are barriers to participation by children, youth, men and women with disability. They will only shift when we all act to remove them.
(Lynette Mudekunye is the Author of the Harmful Practices chapter in the 2024 Voice and Choice Barometer. This article is written in her personal capacity).