By Diana Omueza
In 2018 the Nigerian government passed the Discrimination against Persons with Disabilities Prohibition Act, bringing to end the struggle for a legal framework for the integration of Persons with Disabilities (PWDs) in the country.
The National Commission for Persons With Disabilities (NCPWD) estimates that there are 35.1 million persons currently living with disabilities in Nigeria.
Nigeria is one of the first countries in Africa to sign a Disability Rights Act. Series of legislation have since taken place at the national and sub-national levels for the promotion of the rights of persons with disabilities in the country.
The Disability Act provides for the full integration of PWDs into the society, establishes the National Commission for Persons with Disabilities and, vests in the commission the responsibilities for their education, health care, social, economic and civil rights; and for related matters.
The Act among other provisions also states that from the date of its passage, “there shall be a transitory period of five years within which all public buildings and structures, whether immovable, moveable or automobile which where inaccessible to PWDs shall be modified to be accessible and usable by PWDS including persons on wheelchairs“.
The spirit of that section of the Acct is to ensure that PWDs have access to physical environments and buildings on an equal basis with others.
However, several years after the passage of the Act, in spite the imposition of sanctions in the form of fines and imprisonment for defaulters, access to public buildings still remains a major challenge for PWDs.
A recent research carried out by the Inclusive Friends Association (IFA), a disability advocacy group, revealed that disability budgeting may be an issue impeding the modification of public buildings for the benefits of PWDs.
The research, which assessed five government Ministries Departments and Agencies (MDAs) to ascertain their compliance with the disability Act, showed the lack of critical physical accessibility features for PWDs.
“Some of the MDAs with multiple storeys, PWD employees are restricted to the ground floor as there are no lifts/stair-lifts in the buildings, and none of the MDAs has an accessible toilet, even though the general toilets are somewhat inaccessible the PWDs’’, the document said
It further said that: “18.1% of PWDs believe that the MDAs are not accessible to persons with disabilities, 36.4% believe they are largely accessible and 45.5% believe they are somewhat accessible.”
Similarly a report by the Whistlers showed that the Federal Secretariat Complex in Abuja which accommodates not less than five MDAs in each bloc has no ramps leading to the elevator area.
According to the report, only one or two MDAs have ramps that lead to the elevator, while persons on wheelchair are usually assisted to get into the elevator area in other parts of the complex.
Similar studies show substantial non-compliance to the provisions of the Act. This calls for concern.
However, a 2023 survey conducted by the Centre for Citizens with Disabilities (CCD), ranked Lagos State as top of states which exceeded the required criteria for implementing the access to infrastructure and other services for PWDs.
The survey, which was carried out to assess the level of implementation of the Act and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) criteria across different Nigerian states, saw a lot of states lagging.
Mr Christian Agbo, Chairman of the National Association of Persons with Disability, Abuja Chapter, attributed non-compliance to the Act to the failure institutions responsible for creating awareness about it to effectively discharge their responsibilities.
Agbo, who uses wheelchair for mobility, said even government-owned media organisations have failed to sensitise the public to the need to make public buildings accessible to PWDs.
“The media and agencies responsible for the sensitisation of the public on the Act and its provisions are doing little in this regard.
“Shockingly, even the National Orientation Agencies (NOA) under the Federal Ministry of Information and Orientation which I believe has the core mandate of disseminating this information is not accessible to us.
“The News Agency of Nigeria (NAN), the foremost news outlet in the country, has no ramp for PWDs to gain access to the building, though I am aware there is an elevator there.
“So if these public buildings where we should get some succour and support are not accessible, you can imagine what the rest public buildings are like,“ he said.
He urged the media and journalists to contribute their quota by mainstreaming disability issues in their reportages, especially in the area of access to public buildings.
Agbo also called on the Ministry of Works and Housing, saddled with the responsibility to engage other government organisations to ensure that public buildings are dully modified.
He also called on the National Commission for Persons with Disabilities responsible for implementing the Act to live up to its mandates.
Mr Jake Epelle, the Executive Director, Albino Foundation, also called for awareness creation about the Act and urged PWDs and organisations of PWDs to intensify efforts on awareness creation and advocacies to ensure compliance to the legislation.
Mrs Grace Jerry, Executive Director, Inclusive Friends Association (IFA), a disability advocacy group, recommended that MDAs develop implementation policies and strategies to ensure implementation of the law, especially with the provisions on physical accessibility.
Jerry also appealed to the government demonstrated enough political will to ensure implementation of the provision of the Ac.
Mr David Anyaele, the then Executive Director of the Centre for Citizens with Disabilities (CCD), attributed the unimpressive report and low implementation of the Act to lack of adequate awareness of its provisions.
“In terms of access to public buildings and transportation facilities among my community of persons with disabilities, it has remains weak.
“Both government and privately owned transportation facilities are not accessible to persons with disabilities,” he said.
Anyaele also said absence of political will, ignorance of the important players in policy making, and lack of funding for disability-related issues and institutions such as the National Commission for Persons with Disabilities, had continued to hinder the implementation of the law.
While PWDs in Nigeria saw a significant degree of institutional relief five years ago when the bill was assented to, unfortunately it is yet to garner momentum in its implementation and execution.
PWDs still face major barriers excluding them from society such as lack of access to public transportation, social stigma and discrimination, educational barriers, employment disparities, and financial constraints which called for concern.
Stakeholders across board believe that accessibility and inclusion is not just about lifts and ramps, but a society where all barriers are removed for PWDs. (NANfeatures)
