Lesson to be learnt from United States’ disability rights movement

  1. Karuna Parajuli

With a motive to share experiences of the movement of People Disabilities (PWDs) of US, Embassy of US for Nepal organized Distance Video Conversation Program (DVP) on 20th December, 2012. Katherine Guzman, the Public Outreach Official of Embassy opened the program by greeting 70 guests present in the conference hall of the embassy. The guests included PWDS working in various private and governmental sectors, social activists, students, professors and social workers.

Ram Chandra Gaihre, YAC member welcomed the guests and introduced Ms Helen Berger to the mass where he highlighted on the objective of the DVC was to know about the best practices of US in regard to disability movement and share the same from Nepali participants present at the discussion.

After that, MS Berger, chief operating officer of the American Association of People with Disabilities (AAPD) started the conversation put emphasis on the importance of providing “accessibility” to resources of PWDs  which includes breaking the physical barriers which they have been facing from a long time like facility of Braille, using audio for visually impaired persons, getting translator for the verbally impaired persons, disable friendly toilets, elevators as these people can equally enjoy their rights as every other persons in the world for their. She further added that disabilities rights are human rights which should be ensures such that PWDs can enjoy their dignified life and contributed for their societies. She also gave the insight of the service animals like dog, cat which have been used in US to serve such PWDs which are enhancing accessibility of such people. She further shared her experience being the part of Disability Rights Movement. And proudly said that as an achievement of decades of campaigning and lobbying, Americans with Disabilities Act (ADA) was passed in 1990 which ensured the equal treatment and equal access of people with disabilities to employment opportunities and to public accommodations prohibiting discrimination on the basis of disability for services rendered by state and local governments, places of public accommodation, transporatation and telecommunication services. She rightly mentioned importance of keeping the PWDs in the discussion of policy building, integrating them, making them the integral part of the discussion in the social, economic, political affairs of the nation, as they can represent their community being mixed up with other people and share the hardship. She said that  such people can provide inputs for  the issues that need to the addressed in the national plans and policies and giving  the example of Judy Heumann (Having polio) who is currently the Advisor on Disability & Development at the World Bank of US after leaving her position with the US Department of Education where she had responsibilities for all special education and rehabilitation programs for PWDs, she added that such people should be kept as role model for other PWDs who have got the potentialities but are reluctant with the fear of  isolation and discrimination. After that putting forward the famous line of John F.Keneddy that disability is not a problem but it turns out to be problem when issues related to disability is not addressed, she opened the floor for question and answer section.

The inquisitive participants put forward many questions. Basically the PWDS who were listening the experiences shared by Ms Berger were finding it interesting due to which they asked about issues of Children With Disabilities (CWDs) and what provision it has for CWDS, economic, social, political, economic status of PWDs in US and some participants raised question on the important aspect of ADA, it’s impact in the society. Responding to the questions, Ms Berger emphasized on the positive changes brought by ADA on the various issues of PWDs including CWDs too. She said that there have been basic three priorities set up for disability movement  viz  first and foremost employment as 70% of PWDs are unemployed while rest are living the life of underemployment and 2nd priority as political participation and final one the better enforcement of ADA as the major one. While concluding her views she said that issues of unemployment among the PWDs is hampering their development so US still has the long way to go for full fledged establised rights of PWDs and word by word implementation of ADA such that such people shall not be left out from different sectors of the nation and can equally contribute from their side being mixed up.
At the end Ms Katherine ended the program give the vote of thanks to the guest speaker from New York (who was present from early 5:00am,New York time)Ms Helen Berger and the other participants present at the hall of US Embassy.

The program started 45 minutes late than the stipulated time because of the hectic and long security checking where basically PWDs had to few barricade during the entrance. Nevertheless the experiences shared by Ms Berger has probably  given the activist of Nepal a strong zeal to fight for the rights of disability because country like PWDS of US which is often called developed best ll protector civil rights, still the people of the same nation are suffering from exclusion with the rate of 70% of PWDs being unemployed. The participants included PWDS working in various private and governmental sectors, social activists, students, professors and social workers where the serious issues were raised in regard to rights of PWDs by PWDS themselves and other normal people which gave a clear message that everyone is taking the issue of PWDs very seriously so the joint movement could be more fruitful.

Evaluating  the situation of Nepal, although Nepal is party to Convention on the rights of persons with disabilities(CRPD) (international human rights treaty meant to protect a range of rights for people with disabilities like right to liberty; to freedom from torture, violent exploitation, and abuse; to healthcare; to education; to privacy; to sign contracts; to accessible public transit and public accommodations) and it’s optional protocol(individual complaint mechanism) from Jan 3,2008, less effort has been made to materialize these international human rights instruments. Recently from the writ petition filed by Dipendra Shakya, Nepali with a severe disability, along with Sudharson Subedi, a disability rights advocate, Supreme Court has clearly stated 13 orders on the issues of PWDs like living allowances to indentified PWDs, building home for them, recruiting one Social Welfare Official in each district, with stipulated time frame of 3 month, these have barely been implemented. This trend of just to keep the laws & policies as dead black letter has developed as the chronic disease and this shows governments reluctance in moving into action for PWDS and protection of their rights.Thus,asking for  help or aid or assistance from the governmental level the disability rights movement would further decline the momentum of the movement, it’s better to make  individual contribution  in all possible ways to enhance this movement .Working together being mix up rather than working only within the group PWDs could be stepping stone which could be learnt from the experiences of US.

Karuna Parajuli, Kathmandu School of Law