Rights to be enjoyed equally by everyone

Human Rights Day is celebrated annually across the world on December 10 (tomorrow) every year focusing the indispensable birth rights of all humans.

December 10th next also sees the completion of ten months since Sri Lanka ratified the UN Convention on the Rights of People with dis-Abilities (CRPD).

It is also the day of the final voting of the Budget 2017 - perhaps somewhat the judgement day for the dis-Abled people of Sri Lanka.

Human rights and why?

Being born a human, every person - regardless of the extent of their ability - is entitled to a set of basic rights defined and protected by law.

They are to be enjoyed equally by everyone for all 365 days for the following three main purposes: (i). To our protection against other people who might want to harm, hurt, oppress or marginalise us and. (ii). To protect our inherent dignity and basic humanity. (iii). To help us get along with each other enabling all of us to live with dignity, justice and equality in peace.

These birth rights of all humans can never be diluted, divided, negotiated or denied of being enjoyed; but they can sometimes only be restricted.

These rights are universal, interdependent and interrelated.

For example, accessibility to built facilities is the single right on which several other rights depend heavily such as access to education, employment, recreation and tourism. Hence it is one of the eight key pillars and a high priority of the CRPD.

Recognising dis-Ability and causes

In real world, no one can escape from ageing (12.5% of our population are over 65 years), numerous debilitating medical conditions, illnesses and surgery and man-made and natural disasters.

Often they strike you suddenly causing restrictions either short time or long time, concerning mobility, use of body parts including physical coordination, eyesight – hearing – speech – remembrances and other necessities.

Every one of us is only temporary able bodied.

An estimated 20% of Sri Lanka’s population experience limitations in ability.

As the Supreme Court accepted in 2011, they form the largest minority of people in Sri Lanka.

Real killers of the Ability.

Are they the inevitable physical and sensory impairments? NO.

The UN Convention explains: “dis-Ability results from the interaction between persons with limitations in ability (impairments) and (man)-built environmental and attitudinal barriers that hinders their full and effective participation in society on an equal basis with others”.

These are social hazards causing colossal economic and social losses through loss of productive opportunities, unwanted dependency, etc. to plague the businesses and the country in further untold proportions.

As these are man-made, this is a low cost feasible reversible trend.

Realise the high risk you or your loved ones run getting trapped in this plight to become third class citizens.

Action on fast track for its prevention is therefore the moral duty, social responsibility and legal obligation equally of everyone - especially Members of the Parliament.

Convention - good economic sense

The UN Convention is a set of legally binding instruments (i). To guarantee people with dis-Abilities their birth rights and; (ii). To afford productive opportunities to live life to their fullest potential.

It came into force on May 3, 2008 with enforceable obligations on all countries.

Adopting this convention is good economic sense as when physical and social obstacles are eliminated dis-Abled persons are empowered to live up to their optimum potential enabling them to become productive employees, entrepreneurs and consumers, along with everybody else.

A change of perceptions focusing Ability within dis-Ability is an essential prerequisite here. Awareness raising, as per Article 8, to project a positive image is a prerequisite. Accordingly, for States to recognize valued contributions made by persons with disabilities do not need legislations or added costs.

This convention calls for progressive realization of its provisions. Hence instead of a red-tape procedure in the form of a disability rights bill that has already killed 10 years, short term action is imperative.

Opportunity government cannot miss

Government now has a binding legal obligation to fulfil the requirements of the UN Convention.

The annual budget proposals would have been the ideal starter to set the ball rolling.

Its Article 4.3 stipulates: To closely consult with and actively involve people with dis-Abilities in decision making processes and developing policies, concerning issues related to them. Hence, Government should have afforded us the equal right to participate in the decision-making processes in formulating budget proposals that affect our well-being.

But……, the Budget Proposals have failed to recognise the existence of dis-Abled persons – country’s largest minority of people.

Six proposals

These are low/no cost feasible investments bringing rich dividends, economically and socially and to start fulfilling enforced legal obligations and moral duties of this government.

1. Budget allocates several millions of additional rupees for improvements of the physical infrastructure facilities of state and private sector in fields such as education and health, building of financial city in Colombo and, introducing light train facilities to upgrade lifestyles. Add a clause to make it mandatory that all these new works comply with the Parliament approved Accessibility Regulations of October 17, 2006 and the Supreme Court order SCFR 221/2009 of April 27, 2011 enabling physical access. Smart Classrooms (clause 92) must be accessible class rooms.

I propose: Fines for non-compliance, which could be used to establish a new fund named: Revenue with Relief fund.

2. Government should get funds from people who have funds. None can justify why those unemployed due to permanent major dis-abilities, those over 85 years and those terminally ill gravely should be equally taxed!!

They are much worse off than even the seniors, as travel and medical costs alone are extremely high. Internet services promote our inclusion enabling to pay utility bills, channel doctors, etc.; but are now equally taxed to meet a telecom levy enhanced to 25%.

Total benefits they receive far outweigh additional outgoings. Why rob Peter to pay Paul? Like in other countries we do not ask for financial incentives but appeal the generated monthly income through own investments with registered banks and financial institutions, be made totally tax-free, to prolong our survival.

3. The Budget’s focus is on human development; but are dis-Abled persons not human to be overlooked? From Clause 326 onwards there is nothing about the youth and women with disabilities.

IT being an employable skill, facilities at 3,500 schools (clause 93) should afford increased opportunities for children and adults with dis-Abilities, and those with extra-ordinary skills amongst them (clause 97) should be further supported with the proposed Rs. 2,500 monthly grant.

5. When pharmacies undergo compulsory registration (clause 145) those remaining physically inaccessible and not user-friendly should be required to provide home-delivery services at no extra-cost for permanently dis-abled persons living within established distances.

6. Inaccessible tourism deny new profits for Sri Lanka. Even new hotels that manage to get 5 and 6 stars hardly pay any respect to the Regulations the Parliament has approved in March 2007 as their toilets, rooms and wash facilities fail to comply with specified standards for accessibility.

Sri Lanka Tourism should take measures from January 2017 to comply by design with the international theme: Accessible Tourism for all to become the destination of choice for a generation destined to transform the travel, hotel and tourism industry. Justice delayed is justice denied and, in this case, loss of profits, a better tomorrow and the country’s good name too! Let us hope December 10 next sets the ball start roll and roll faster.