The alternative report that has been submitted to the United Nation {UN} Committee on International Covenant on economic, social and cultural rights has blamed the Malawi Government for failing to honor the international treaty obligations on disability rights.
The report popularly known as ‘Shadow report’ that has been presented by the Federation of Disability Organizations in Malawi [FEDOMA] and its 12 affiliated member Organizations of Persons with Disabilities [OPDs} has punched holes in an initial state report that was presented to the UN committee last year.
The shadow report says government is not putting much efforts in accelerating economic, social and cultural tights of persons with disabilities in Malawi
It has been revealed that for example, persons with disabilities suffer a lot as they are almost denied job opportunities saying only few persons with disabilities are formally employed while many of them are jobless.
Malawi’s constitutional, legislative and policy framework recognize the right to work and to just and favorable conditions for work for all persons, including persons with disabilities. The relevant legislative and policy framework, including the Disability Act in section 12 and the National Policy on the Equalization of Opportunities for Persons with Disabilities [Disability Policy] of 2006 expressly recognize open labor market employment for persons with disabilities. The Disability Policy has priority areas and strategies aimed at realizing open labor market employment for persons with disabilities in Malawi. As such, there is clear obligation imposed on the government to take measures that facilitate access to employment for persons with disabilities in the open labor market with opportunities and choices equal to others. This provides the opportunity for Malawi to realize the right in Article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as envisaged by the applicable international standards such as those set out in Article 27 of the Convention on the Rights of Persons with Disabilities (CRPD). For its part, the Persons with Disabilities Bill of 2019 also recognizes open labor market employment as a human right for persons with disabilities in Malawi in section 9. This Bill, which, unfortunately is yet to be passed into law, seeks to replace the Disability Act of 2012 and the Handicapped Persons Act of 1971.
Reads part of the report “the problem is lack of implementation of these laws and policies. The other challenge is that the domestic framework also falls short of other obligations imposed by international law, such as the obligation to provide reasonable accommodation in employment; the obligation to promote the employment of persons with disabilities in the private sector through the taking of measures such as imposition of quotas, affirmative action and use of incentives such as tax rebates. For example, the Disability Act of 2012 does not provide for a number of requirements such as the obligation to ensure reasonable accommodation in employment for persons with disabilities; and the use of employment quotas and incentives. For its part, the Persons with Disabilities Bill makes provision for these. However, as the Bill is yet to be passed into law, there is no legal obligation at present for the implementation of these crucial provisions. This presents a huge missed opportunity for Malawi.”
Malawi is among countries in the world ratifying the 2003 International Covenant on Economic, Social and Cultural Rights and as a member of UN, Malawi is obliged to present state report to the UN committee on economic, social and cultural rights explaining how government is fairing rights of persons with disabilities. On the other hand, the disability movement is also obliged to submit shadow report to the same committee to alternate issues that have been presented in the initial state report.