Human Rights and Disability A Manual for National Human Rights Institutions
Network of African Human Rights Institutions
In March 2016, the Network of African National Human Rights Institutions (NANHRI),204 with the support
of the Swedish Development Cooperation and the Roaul Wallenberg Institute, published Protecting,
Promoting and Monitoring the Rights of Persons with Disabilities: A Guide for African National Human
Rights Institutions.205 The resource will be extremely useful for NHRIs when monitoring the human rights
situation of people with disabilities within their counties and interacting with the regional and international
human rights mechanisms, including the CRPD Committee.
In its 2015–2019 Strategic Plan, NANHRI specifically mentions work on persons with disabilities as one
of its strategic priorities for the region, albeit under the heading of ‘vulnerable groups’.206
Commonwealth Secretariat
The Commonwealth Secretariat, based in London, has arranged a number of meetings for NHRIs on
disability issues. Many NHRIs in countries attached to the Commonwealth (54 countries in all) have
done extensive work on disability issues, especially in Australia and New Zealand. The Commonwealth
Secretariat Disabled Persons’ Forum has delivered training on the Convention in six of its Member
States. In 2012, it held a seminar with 14 Member States on ‘promoting inclusive education and
sustainable employment for persons with disabilities’. It has also published a very impressive book on
inclusive education.207
6.2. DISABILITY AND HUMAN INSTRUMENTS IN THE
AFRICAN UNION
The African Charter on Human and Peoples’ Rights, also known as the Banjul Charter,208 is an international
human rights instrument that seeks to promote and protect human rights and basic freedoms in the
African continent. Oversight and interpretation of the Charter is the task of the African Commission on
Human and Peoples’ Rights. A protocol to the Charter was subsequently adopted in 1998 whereby
an African Court on Human and Peoples’ Rights was to be created. The protocol came into effect on
25 January 2005.
Article 2 of the Charter concerns the right to freedom from discrimination. Although it does not mention
disability specifically, the Charter prohibits discrimination on the ground of “any status”. Article 3 of the
Charter concerns equal recognition before the law and equal entitlement to protection by the law. The
Charter also highlights the need to pay particular attention to the right to development and to the fact
that civil and political rights cannot be disassociated from economic, social and cultural rights, reflecting
the approach of the UN CRPD.
In 2014, a draft Protocol on the Rights of Persons with Disabilities in Africa209 was prepared by a Working
Group on older persons and persons with disabilities, under the auspices of the African Commission on
Human and People’s Rights. The draft Protocol broadly embodies the articles of the UN CRPD, while
“providing an African context to rights of persons with disabilities” by grounding it in the African Charter
on Human and People’s Rights and referencing the draft Protocol on the Rights of Older Persons.
The introduction to the Protocol says it “should not undermine the letter and spirit of the 2006 United
Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD). It therefore draws from and
is inspired by the CRPD without necessarily adopting all the CRPD’s detail.”
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204
More information on NANHRI is available at www.nanhri.org.
205
Available at www.nanhri.org/reports.
206
See more at www.nanhri.org/1088-2.
207
R. Rieser, Implementing Inclusive Education: A Commonwealth Guide to Implementing Article 24 of the UN Convention on the
Rights of Persons with Disabilities, 2012 (2nd edition).
208
Text available at www.achpr.org/instruments/achpr.
209
Text available at www.achpr.org/news/2014/04/d121.