Government Implementation of the Standard Rules
As Seen By Member Organizations of
Disabled Peoples' International - DPI

Malawi

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© Dimitris Michailakis 1997

Disabled Persons Association in Malawi, Malawi
Compare with the following Country Report(s): the Malawi Government

General policy

There is no officially recognized disability policy.

Since the adoption of the Rules, the government has not done anything to convey the message of full participation. The Government states that, since the adoption of the Rules, a National Co-ordinating committee on Disability Issues was formed. The committee is interministerial/multi-sectoral, with the aim of influencing the implementation of the Rules.

Legislation

The rights of persons with disabilities are protected by general legislation. According to the Government, the rights of persons with disabilities are protected by a combination of special and general legislation. There is no judicial mechanism to protect the rights of persons with disabilities. The non-judicial mechanism available is a governmental body (administrative). According to the Government, the judicial mechanism adopted to protect the rights of persons with disabilities is due process (legal remedy through courts). Non-judicial mechanisms also include a Law Commissioner.

General legislation applies to persons with different disabilities with respect to education, employment, the right to marriage, the right to parenthood/family, political rights, access to court of law, the right to privacy and property rights. No benefits are guaranteed by law to persons with disabilities. According to the Government, the only benefit guaranteed by law to persons with disabilities is training, rehabilitation and counselling.

No new legislation concerning disability has been enacted, since the adoption of the Rules.

Accessibility

There are no rules to ensure accessibility of the built environment. No responsible body exist for ensuring accessibility in the built environment. No measures have been promoted by the government in order to facilitate accessibility in the built environment. There are no special transport arrangements for persons with disabilities. The most difficult obstacles, when planning to build accessible environments, are economic/budgetary factors, lack of legislation and regulations, lack of knowledge, research and information and lack of enforcement mechanism. There is no disability awareness component incorporated in the training of planners, architects and construction engineers.

Sign language has no officially recognized status, is not used as the first language in education of deaf people, and is not recognized as the main means of communication between deaf persons and others. There are no government measures to encourage media and other forms of public information to make their services accessible to persons with disabilities. The only service provided to facilitate information and communication between persons with disabilities and others is literature in Braille (though very limited). According to the Government, even other services are provided in order to facilitate information and communication between persons with disabilities and others: news magazines on tape/Braille and sign language interpretation, being available for any purpose.

Organizations of persons with disabilities

There is a national umbrella organization. There are no legal provisions mandating the representatives of persons with disabilities to participate in policy making or to work with governmental institutions. According to the Government, there are such legal provisions. Organizations of persons with disabilities are never consulted, when laws and regulations with a disability aspect are being prepared. According to the Government, organizations of disabled people are often consulted. No support is given by the government to existing or new organizations of persons with disabilities. The Government states that it gives both financial and organizational/logistic support to organizations of disabled people. Persons with disabilities participate to a very limited extent in government, legislatures, judicial authorities, political parties, NGO's. The role of organizations of persons with disabilities is to advocate rights and improved services, mobilize persons with disabilities, identify needs and priorities, contribute to public awareness and promote/organize income generating activities.

Co-ordination of work

The national co-ordinating committee is reporting to the Cabinet Committee on the Disabled. According to the Government, the co-ordinating committee is reporting to the Ministry of Social Welfare. The committee includes representatives of many Ministries, of organizations of persons with disabilities and of other NGO's. The government expects the co-ordinating committee to participate in policy development and to perform other tasks, e.g. to represent views of persons with disabilities in various national and international forums. It is too early for an assessment concerning the effects of the establishment of the co-ordinating committee.

The adoption of the Rules has not led to a rethinking of the approach to disability policy. According to the Government, the Rules has led to a rethinking of the approach to disability policy and to the amending of the Handicapped Persons Act.

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