MEMORANDUM for
EMPOWERMENT
OF PERSONS WITH
D I S A B I L I T I E S AND
ENSURING RESPECT FOR
THEIR FUNDAMENTAL RIGHTS
GLOBAL RAINBOW FOUNDATION A step towards solidarity for Persons with Disabilities and the Elderly
“ Nihil de nobis, sine nobis”
Empowerment of persons with disabilities - MEMORANDUM - p. 2
“Nothing about US without US”
Mr. Armoogum Parsuramen Founder-President Global Rainbow Foundation
A symbol is a very significant way of conveying a message and we feel that the ‘rainbow’ in GRF logo is the most appropriate as a symbol, as most telling of the goal and purpose of our charitable trust. The Rainbow in the logo of GRF symbolises diversity and inclusiveness, of hope and of yearning to contribute to a forthcoming world in which the rights to education, survival, protection, development and participation of every child and adult of any race and/or social creed are upheld. It is a symbol conveying a message of a new era, of unity and of social change.
Rainbow symbolises unity in diversity and the power of light, enlightenment and progress. Each of the seven colours in GRF has insightful meanings: • • • • • • •
Red: Stands for Life & courage. A sense of belonging to each other and high energy; Orange: Promises healing & offers the vision of possibilities to all; Yellow: Represents clarity of mind, the Divine Light, Divine Power & Divine Wisdom; Green: This color is at the center, the heart of the Rainbow bridging both realms. It symbolizes Mother Earth, promising health and stability, regaining strength and vitality. Blue: Reminder for sky is the limit, in providing education to all and strives toward global unity. Indigo: Symbolizes the GRF movement, Challenge to help less fortunate people through united GRF volunteers. Violet: Is the divide color, a reminder of being wrapped by the almighty, color of strong faith and friendship to all.
1. ABOUT GLOBAL RAINBOW FOUNDATION GRF (Global Rainbow Foundation) is a charitable trust which aims at supporting those who are unfavoured in life in one way or another. Our own approach tries to be as all-embracing as possible, tackling issues from various perspectives and at various entry-points in as many different ways as is required. Above all, the GRF is about grassroots: it listens to actual needs first and then digs deep to find causes and ways to respond to them. GRF is about closeness and attention to others. The GRF aims to cluster common values and ideals to help unite co-ops around the world. The GRF assist Persons with Disabilities through promotion of opportunities that should allow all people to unleash their energies to reach their full potential, contribute to society, and have inputs in the processes that affect them.
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2. OUR MESSAGE THROUGH THIS MEMORANDUM The Government of Mauritius has always strived vigorously to adhere to its policy of putting the welfare of its citizens first. It is the duty of a caring Government to take into consideration the difficulties and barriers faced by Persons with Disabilities and the elderly citizens when undertaking initiatives which aim to impact the economical, social and psychological well-being of its citizens. There is an urgent need for the Government to ensure that the fundamental rights of Persons with Disabilities are respected. They have an equal access to education and safe environment for them to lead their life in dignity. Over the years, advocates for the rights of PWDs have encouraged a positive change in mindset; one geared towards the empowerment of PWDs and which provides PWDs with the same equal human rights that frame us all. The eradication of poverty and enhancement of economic growth should always be on the top of priorities set by the Government. Poverty and Disability have always been inextricably intertwined phenomena of all social concerns of our society. It is unfortunate to notice the burgeoning body of evidence highlighting the poor and worst socioeconomic impacts that Persons with Disabilities often endure. Following the signature of the Convention on the Rights of Persons with Disabilities in 2007 and subsequently its ratification in 2010, the Republic of Mauritius has engaged itself completely in view of fulfilling its commitment to ensure that all rights of Persons with Disabilities enshrined in the Convention are respected and initiatives are undertaken towards its accomplishment. Empowerment of Persons with Disabilities, social awareness & action and consequences and good governance are the three key areas which makes a significant impact on advancement of the society and poverty reduction. All the above-mentioned key areas require transparency, equity in sharing information and inclusiveness by creating accessible platforms for Persons with Disabilities and their counterparts. . If people are unaware of what is happening in their society or if the actions of those who rule them are hidden, then they are prevented from taking a significant part in the affairs of the society. Access to information is thus a crucial facilitator of good governance. No reformative decision can be taken without the consent of the concerned target group. As a republic, let us not show signs of being disabled in spirit by refusing to accept lacunas in our laws which are in conflict with the constitutional rights of Persons with Disabilities and elderly citizens and let us strive to provide remedial and strategic solutions hand in hand to the situation. In view of working for the welfare of its citizens, in its Government Programme, the current Government committed to: “Le combat contre la pauvreté et les injustices sociales figure au premier plan de notre programme demême que l’amélioration du pouvoir d’achat. L’île Maurice a les moyens de mener et gagner cette bataille. Nous le ferons ensemble.̏ In line with the same commitment, the Global Rainbow Foundation is hereby presenting the GRF Memorandum to all NGOs in the Disability sector, all political parties and Ministries, responsible for the welfare of its citizens and the social affairs of the Republic of Mauritius as well as to Persons with Disabilities and their parents. Through the circulation of this Memorandum, the Global Rainbow Foundation invites all parties and the Government to advocate and support our recommendations in view of empowering Persons with Disabilities and Elderly citizens. Join Us! Help us and Help us to help you! Together, Let Us make the Rainbow!
Mr. Armoogum Parsuramen, GOSK Founder-President The Global Rainbow Foundation
Empowerment of persons with disabilities - MEMORANDUM - p. 4
3. ROLE AND MISSION OF GLOBAL RAINBOW FOUNDATION The Global Rainbow Foundation (GRF) aims at empowering Persons with Disabilities for holistic human development so that they can lead a rewarding life with dignity and respect in the local and global community. In the spirit of the rainbow, assistance is provided through the following initiatives: • Act as an advocate for those who cannot stand for their rights; • Mount projects and Awareness Campaigns to encourage social inclusion; • Implementation of projects targeting poverty alleviation; • Ensure compliance to the Right to Education to everyone, including Persons with Disabilities; • Introduce innovative programmes in view of an inclusive society for vulnerable groups; • Foster a strong partnership with local and international organisations to ensure capacity building; • Provide free legal assistance to Persons with Disabilities and elderly persons.
4. SEVEN CORE AREAS OF THE MEMORANDUM The Global Rainbow Foundation proposes an Action Plan to the responsible parties of the Government, one which highlights the various social barriers faced by Persons with Disabilities and other vulnerable groups in the Mauritian society. The Action Plan targets the following core areas : • • • • • • •
Inclusive education system; Web accessibility; Pension scheme; Unemployment rate; Poverty alleviation; Health care and adequate living conditions; Legislative provisions.
“The true measure of any society can be found in how it treats its most vulnerable members” Mahatma Gandhi
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5. COMMUNITY INITIATIVES Global Rainbow Foundation proposes various solutions to encourage social inclusion instead of considering ‘disability’ as a stand-alone thematic issue. Our vision is to provide persons with disabilities with support and opportunities for holistic human development so that they can lead a rewarding life with dignity and respect in the local and global community. The Foundation has organized events for Employment, Training, and Rehabilitation, amongst which the very renowned Jaipur Foot project, which has now reached its eighth camp, gifting above 1100 artificial limbs to Persons with Disabilities but more importantly offering a new lease of life to amputees. We have also successfully ventured into Cultural events, promoting and encouraging young talents such as Jane Constance, who has been a Goodwill Ambassador of the Foundation for nearly four years now. Throughout the years, whilst working with Persons with Disabilities, finding sponsors to offer them assistive devices, ensuring that their rights are respected and continuously fighting for an inclusive society, we have made sure to listen to the issues and challenges they faced on a daily basis. People came forward with cases of discrimination, flawed assessments concerning the disability benefits, schooling difficulties, and medical negligence. In line with the above, the Global Rainbow Foundation is engaged in providing Persons with Disabilities with the required specialized technological devices which facilitates their successful achievements in their studies and daily life through the following projects :
I. Jaipur Foot One of the aims of the Global Rainbow Foundation is to empower and bring a change in the lives of amputees in Mauritius, by enabling them to become mobile through the provision of an artificial limb offered by Jaipur Foot (Mauritius). Mobility has a profound effect on a range of aspects of life – independence, daily activities, personal care, ability to work and lifestyle. Til date, through Jaipur Foot camps, organized twice a year, the Global Rainbow Foundation has provided artificial prosthesis to 1100 persons.
II. HOPE initiative GRF launched the HOPE Initiative Project, a social aid program which promotes the inclusion of persons with disability in the society and allows them to have a more dignified life. Through this programme more than 400 beneficiaries got assistive devices with the help of GRF sponsors. The HOPE Initiative consists of the donation of an assistive device thus giving the beneficiaries the opportunity for a holistic development. Above all, the HOPE initiative wishes to bring happiness, dignity, and respect to its beneficiaries within society and more importantly, help them to be independent and mobile. All these factors combined increase the access to education, employment, and more active participation within the family and community, through personal and physical development. The Assistive device of hope often makes all the difference between being a passive receiver and an active contributor. To offer hope device to persons with disability brings them much more than an Electronic gadgets but also contributes greatly to the enhancements in their personal self-esteem, and offers them the dignity and independence they deserve.
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Assistive devices delivered to beneficiaries Assistive devices for blind
Amount
Smart canes
150
Laptop equipped with NVDA software for blinds
25
Motorised wheelchairs
120
Cerebral Palsy adapted wheelchair
40
Motorised Scooter
5
Fully reclining wheelchair
4
Medical Bed
5
Crutches
25
Manual Wheelchairs
30
III. University of 3rd Age Mauritius (U3AM) One of the most lauded projects of Global Rainbow Foundation was to introduce IT classes for elderly persons enrolled at the University of 3rd Age Mauritius (U3AM).
IV. Disability Legal Services & Elderly Legal Services The Disability Legal Services (DLS) and the Elderly Legal Services are free legal services provider for the vulnerable group of persons with disabilities (PWDs) of the public that opened their doors in 2016. After completing its first anniversary, the legal department of the Global Rainbow Foundation has seen a remarkable period of growth. In its pilot level itself, DLS and ELS have served numerous PWDs and elderly persons with legal issues. It also has the collaboration of volunteer law students from Middlesex University. GRF has further encouraged the concept of social integration and has also emphasized on the importance of participation of persons with disabilities in our society.
V. Advocacy Campaigns It is highly recommended to actively involve Persons with Disabilities (PWDs) in actions/activities undergone for their welfare to be line with the motto of the UNCRPD (United Nations Convention on the Rights of Persons with Disabilities) which clearly highlights: Nothing about Us without Us. Through multiple advocacy campaigns on employability skills of Persons with Disabilities and Rights of Persons with Disabilities, the Global Rainbow Foundation has been advocating for inclusion of Persons with Disabilities in view of resolving the reservations of the Government on the UNCRPD. This initiative has enabled to do a better job mapping of different job opportunities for Persons with Disabilities.
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6. UNE POLITIQUE SOCIALE TOP PRIORITIES OF THE GLOBAL RAINBOW FOUNDATION The Government should adhere to the Mauritian policy of putting its citizens first. In line with its duty towards the citizens of Mauritius, the Government has to cater for the welfare of its citizens. With this objective in mind, the Global Rainbow Foundation aims for a ‘politique sociale’. Our aim is not to challenge the authorities but to offer solutions to persons who cannot afford to access aid to facilitate their social inclusion and most importantly to take a different approach to deadlocks of provisions available to elder persons of our society. In his Budget Speech 2017-2018 on 8 June 2017, the Prime Minister of Mauritius, the Honourable Pravind Kumar Jugnauth mentioned the following measures : •
• •
• • • • • • • •
• • • • • • •
At Para 44 – Investing in Skills Development – “To this end, I am providing Rs 310 million for upgrading educational hardware and infrastructure in our training institutions, namely, the MITD training centres, the École Hotelière Sir Gaetan Duval, the Sir Ramparsad Neerunjun Training Centre and Le Chou Training Centre in Rodrigues.” At Para 47 – “This year 2,500 of our youths have benefitted from training coupled with industrial placement, under the National Skills Development Programme. During the coming financial year, another batch of 2,500 will be enrolled for training under this Programme to address the skills mismatch.” At Para 138 - Making further strides on our ambition of a fully-fledged digital economy – “Eighth, Government is setting up an Open Data Portal as a single point of reference for public datasets.” At Para 263 – Investing in Education – “The infrastructure in four secondary schools will be adapted to make them more accessible for physically challenged students as well as personnel and visitors.” At Para 264 – “We are also increasing the teaching staff - An additional 184 Support Teachers to provide special help to students with learning difficulties.” At Para 269 – “Children with special education needs should also get the help that addresses their individual differences and needs in an effective way. To this end, I am increasing the grant-in-aid to the NGOs running Special Education Needs schools to Rs 110 million.” At Para 270 – “Moreover, a new Strategy Paper for the Special Education Needs will be developed and an authority will be set up to harmonise and promote policies for that sector.” At Para 296-297 – “I am allocating Rs 1.8 billion from the Government of India’s financial support to the construction of social and low income housing units. In addition, Government is earmarking Rs 5 billion for the next three years to the housing sector from the Budget.” At Para 291-292 – Simplifying CSR and giving NGOs greater access to funding – “I now turn to the issue of CSR. Based on what was decided last year, companies are supposed to contribute 50 per cent of their CSR contributions to the MRA in the first year and 75 per cent in the second year. To give more time to the companies to adapt to the new system, I am allowing companies to keep 50 per cent of their CSR contributions to implement their own CSR projects for another year. The other 50 per cent will have to be remitted to the MRA for the National CSR Foundation.”
Empowerment of persons with disabilities - MEMORANDUM - p. 8
Following the Budget Speech, the Global Rainbow Foundation proposes the following recommendations: • •
• • • • • • •
Provisions for accessibility measures for persons with mobility impairment, regard of the Rs 310 million allocated for upgrading educational hardware and infrastructure in our training institutions; Recruitment of Persons with Disabilities among the future 2500 youths who will benefit from training coupled with industrial placement, under the National Skills Development Programme to be subsequently employed under the 3% quota of posts available for Persons with Disabilities in enterprises as required by The Training and Employment of Disabled Persons Act 1996. The Open Data Portal which aims to act as a single point of reference for public datasets to be in accessible format for persons with visual impairment. Ensure proper supervision of the 4 secondary schools which will be adapted to make them more accessible for physically challenged students. Training to the 184 Support Teachers who will on how to assist students with disabilities. Our motto is: Recruit Teachers to Teach for Inclusion. Increase in the Grant –in –Aid to NGOs for children with special education needs to include training of educators as well as for transportation costs for the students. A robust and precise implementation of the Strategy Plan which aims at harmonizing and promoting policies for the Special Education Needs schools. Housing schemes for persons with disabilities who rely solely on their pension. Proper structuring of the National CSR Foundation.
The Global Rainbow Foundation endorses measures highlighted in the Electoral Manifesto of PTr-MMM in the context of the General Election 2014, the 2014 Electoral Manifesto of Alliance LEPEP and the MACOSS Report (Kindly find the same in the Appendices section), aiming to support Persons with Disabilities and ensuring that their rights are respected.
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MEMORANDUM Our propositions
Empowerment of persons with disabilities - MEMORANDUM - p. 10
Inclusive Education is a Right, Not a Privilege or a Dream.
INCLUSIVE EDUCATION SYSTEM 1. Article 24 of United Nations Convention on the Rights of Persons with disabilities (UNCRPD): Right to Education to all men, including Persons with Disabilities. 2. UNESCO: Right to education as a basic fundamental human right. PREAMBLE The soaring empirical body of evidence of segregating students with disabilities from our mainstream education system is a matter of reflection. Surveys have revealed that students with disabilities have been recorded under high absenteeism in school followed by a high level of school drop outs, with no monitoring and evaluation in this matter so far. It is the duty of all responsible parties of this country to eliminate and tackle discriminatory attitude towards persons with disabilities. Making adequate provisions for students with disabilities in segregated ‘Special Education Needs Schools’ has been since long an increasing concern, for such measures require continuous funding to upgrade(appropriate and user-friendly) infrastructures as well, to ensure therapeutic training of selective educators. Based upon fundamental experiences of catering for students with disabilities, along with empathetic support provided to family members and private educational institutions throughout Mauritius, Rodrigues and India, the GRF has identified remarkable mechanisms which will ensure inclusion of students with human right based approaches in disabled-friendly education environments. As a Non-Governmental Organisation (NGO), the Global Rainbow Foundation aims for inclusive education for students with disabilities as well as contribute in the development of the education sector of a welfare state like Mauritius. Experience of working together with students with disabilities, their families and private education institutions, the Foundation has identified a few mechanisms which will ensure inclusion of students with a human rights-based approach in a disabled-friendly educative environment with the collaboration of all education authorities. The Global Rainbow Foundation continuously advocates for the welfare of vulnerable and disadvantaged communities of Mauritius to tackle the issue of marginalization of education. p. 11
SPECIAL EDUCATION NEEDS (SEN) SECTOR In the National Budget 2016-2017: A New Era of Development, the Minister of Finance had announced a decent initiative of increasing the grant-in-aid to NGOs in the Special Education Needs sector. In a letter from the Ministry of Education in 2013, the Ministry then proposed that: 1. The OPSG will be requested to review present formula to cater for various types and levels of impairments; 2. The Ministry of Labour, Employment and Industrial Relations will be requested to approach the NRB to prescribe salary structure and conditions of service for SEN sector; 3. There will be a committee set up to review norms and standards and Quality Assurance for SEN schools. Unfortunately till date not all proposed measured announced above have been implemented. Nonetheless, in regard of the second proposal of the Ministry, we would like to laud the initiatives of NRB who is striving to streamline the salary structure and conditions of service for SEN sector.
RECOMMENDATIONS BY GRF The Global Rainbow Foundation had made the following recommendation in favour of supporting Special Education Needs Schools in its response letter: A New Comprehensive Grant in Aid Formula for the SEN schools, along the line of the grant formula of Private Secondary Schools Authority (PSSA) for the funding of private secondary schools. The Formula needs to be considered with a number of issues e.g. day schools or residential, type of impairments, age of children, education of children (grades etc.), size of schools, building facilities, etc. It includes:
1. OPERATIONS ELEMENT • •
• •
Salaries and other benefits (e.g. Pension under SICOM) of all staff (Medical, non-medical, assistants, teaching, non-teaching, etc. – Staff ratio will depend on age and type of impairment). Per Capita Element. This will cover all expenses towards consumables / requisites in the overall management of the SEN school. The rates will depend on the type and degree of impairment except those provided under Health Expenses and Teaching Expenses. The rates may be revised yearly by a percentage calculated from the average of the first and third brackets of the salary compensation table Per Capita Health Expenses. This will cover health related expenses. The rates may be revised yearly by a percentage calculated from the average of the first and third brackets of the salary compensation table. Per Capita Education expenses. This will cover education related expenses. The rates may be revised yearly by a percentage calculated from the average of the first and third brackets of the salary compensation table.
2. MANAGEMENT ELEMENT This element will provide for compensation for infrastructural investment in immovable/immovable property – (rented or owned), depreciation and for the repairs and maintenance of facilities such as: • Clinical facilities • Teaching facilities • Other facilities (Leisure, Sports, etc.) It may be based on the Annual Rental Value of a school as determined by the Government Valuation Office.
3. INCENTIVE ELEMENT This element will provide incentive to management to improve quality of service. It may include matching grant and grants for libraries, computer room, special requirements etc.
Empowerment of persons with disabilities - MEMORANDUM - p. 12
4. SPECIAL EDUCATION NEEDS AND CURRICULUM The Government should add a particular designed curriculum adapted to the education needs of students with different learning needs.
5. ALLOCATION TO MEET EXPENSES RELATED TO TRANSPORT OF STUDENTS There must be provision of adequate and adapted means of transport for students with disabilities. As an immediate measure, GRF recommends that the Government refunds the transportation costs incurred by parents of children with disabilities.
6. SPECIFIC FACTORS Such as types and degree of impairments, age of pupils and whether the school is a day school or residential school. For each of these specific factors a weightage should be inbuilt in the rates e.g. Low, Medium and High. The type and degree of impairment for instance, impact on the running expenses of the SEN school in terms of requirements. Different type of impairment will have different allocations and each type of impairment will be assigned a category [Low, Medium, and High] and rates of the allocation will be associated to each category.
7. TRAINING OF TEACHERS Training should be done in multiple disabilities. This would resolve some adaptation problems and increase performance level of teachers being transferred from one specialized school to another.
8. STUDENTS ABOVE 20 YEARS There is need to organize career and job fairs involving students from SEN schools so that they can have the opportunity to be employed and integrate the society.
In its Memorandum, the Global Rainbow Foundation is advocating to: • • • •
• • • • • • • • • • •
Adopt a holistic approach to reinforce the learning needs of PWDs; Foster participation of students with disabilities; Conduct various Disability Awareness Campaigns, addressed to education institutions; Consolidate and introduce legislative and administrative policies and strategies to facilitate integration of students with disabilities in the mainstream of regular school system; Implement adequate building facilities for students with disabilities; Increase Grant in Aid for construction of inclusive schools; Educational loan schemes for students with disabilities; Provision of specific modules in the teacher-training courses; Facilitate the effective operation of Special Education Needs (SEN) Sector – Regulation of conditions of service and salaries; Provision of assistive educational materials (books in Braille, assistive devices); Financial aids in terms of their transportations and students educational banking loans schemes; Increase in scholarship schemes for students with disabilities; Accessibility to information and communication technologies; Employment of special needs teachers; Setting up of an Advisory Committee to regulate Grant in Aid allocated to students with disabilities.
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Disability is just a matter of Perception
WEB ACCESSIBILITY Web accessibility = a. Tool which ensures digital inclusion and to stay informed of worldly affairs ; b. Ability to partake fully in activities and decisions of the society. PREAMBLE Information on essential services such as education and employment are practically no more printed with ink on paper but are displayed on internet. If people are unaware of what is happening in their society or if the actions of those who rule them are camouflaged, then they are prevented from taking a significant part in the affairs of the society. Access to information is thus a crucial facilitator of good governance. The merits and everlasting benefits of ICTs as a powerful tool to connect the world as one through social media, to eradicate poverty and exclusion of the most vulnerable groups are widely to be used. If positive response has been registered on behalf of private sector companies, unfortunately implementation of websites in accessible formats in public-sector employment have till date been desultory attempts. One of the projects at the GRF which is very much lauded is the ICT outreach programs which are proposed to both Persons with disabilities and seniors of Mauritius of the University of 3rd Age (Mauritius). The current legislation ensuring equal opportunities for all persons fails to specify web accessibility as a fundamental right which all citizens (disabled or not) must enjoy in all aspects including when seeking employment. With strong advocacy power, the Global Rainbow Foundation advocates to improve access to ICT for persons with disabilities.
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DIGITAL LITERACY The need for digital literacy opens the way to a deep reflection on the role played by ICT as a tool to empower citizens to be positively active in the global community. In today’s fast track technological era, ICT undeniably plays a powerful predominant role in access to information. The exclusion and marginalization of Persons with Disabilities from the mainstream society has always been a human rights issue. A country’s welfare burden increases if the basic rights and dignity of its citizens are undermined. It is the duty of the Government of Mauritius to accentuate on Digital Literacy to bridge the Disability gap. The confluence of two major trends: ICT and upcoming communication devices (mobile phones and laptops) is reshaping the paradigm of using digital technologies to promote inclusion and active participation of Persons with Disabilities in the society. ICT is introducing new pathways for poverty reduction. The multiple delivery channels being used for communication empower people of all age and abilities to stay informed and partake fully in activities and decisions of the mainstream society as citizens of the country as well as access public-sector employment websites more easily. Mobile phones with accessible services and applications are among the most indispensable assistive devices reaching out to the most vulnerable and underserved communities in the world both to be connected with the news around them and for their own personal empowerment. The use of mobile phones is undeniably the most prized ubiquitous tool of the new era. An accessible mobile phone is a tool which propels a person with hearing impairment, visual impairment, persons with dexterity issues, persons with cognitive impairment or an elderly person into the mainstream society. It is a step to look beyond disability as well as fight illiteracy.
The Global Rainbow Foundation advocates for: • •
• •
• • • • •
Transparency, equity in sharing information and inclusiveness through accessible websites; Disability-inclusive policies for accessibility features in websites (Government Portal is till date still inaccessible for Persons with visual impairment); Enactment of a legal framework to ensure web accessibility compliance of websites; Fostering of legislative measures for strict compliance with previous grounding under the Training and Employment of Disabled Persons Act and Equal Opportunity Act; Increase Grant in Aid for designing disabled-friendly websites; Grants for assistive devices to transfer paper-based data into digital version; Accessibility awareness campaigns; Open source software and responsive features designed for PWDs through practical demonstrations; Implementation of a regional hub on “Access to ICTs for Persons with Disabilities”.
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A country cannot be a progressive welfare state and be opposed to Pension Reform. PENSION SCHEME PREAMBLE The population of Persons with Disabilities cries out unfair treatment when by default when the Basic Invalidity Pension (BIP) is revoked to be replaced by the Basic Retirement Pension (BRP) and Carer’s allowance only. It is the role of a caring Government to recognise that such an issue of discrimination should be faced head on and that the hardship of Persons with Disabilities should not be perpetuated. Not many elderly citizens take advantage of the free bus transport offered to them by our local Government in Mauritius for many elderly citizens are in constant need of care and attention and are not in suitable physiological and psychological condition. Most elderly citizens would probably prefer an increase in their financial support and the ability to choose how to spend it, rather than the provision of facilities that they may or may not need or enjoy
Empowerment of persons with disabilities - MEMORANDUM - p. 16
The Global Rainbow Foundation advocates in favor of : •
•
•
• •
•
The Basic Invalidity Pension should be extended to Persons with disabilities above 60 years old together with the Carers allowance as is currently the case for Persons under 60 years old. Payment of Incontinence Allowance should be extended to any person who is bedridden and suffering from incontinence irrespective of age. The Incontinence allowance should be increased from Rs 450 to at least Rs 900 per month taking into consideration the increased cost of Adult and Children Diapers Proposal of an increase of the Care Giver’s allowance. An additional allowance should be allocated to elderly citizens with disabilities who cannot afford to travel by free bus transportation and are dependent on paid transport. Social Aid should be extended to persons with disabilities above 60 years old on the same criteria as for persons below 60 years old.
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Where there’s a Will, There’s a Way!
UNEMPLOYMENT RATE Many employers are aware of the right to employment of PWDs and are also willing to adhere to the requirement of employing 3% of PWDs amongst their workforce, nonetheless, they do not possess the requisite information about how to best accommodate PWDs in the workplace. This is the core reason explaining why PWDs find it nearly impossible to meet the requirement of a traditional job.
PREAMBLE Since the past few years, the Government and potential employers have been making significant efforts to introduce Persons with Disabilities (PWDs) in the mainstream working environment. The social model of disability based on the interpretation of PWDs in the UN Convention on the Rights of Persons with Disabilities (UNCRPD) clearly stipulates that barriers are a significant obstacle. Physical environmental barriers, attitudinal barriers and commuting issues add to the long list of barriers making it almost difficult for PWDs to integrate the working class. A few common factors which are the core reasons behind unemployment of young graduates with disabilities have been identified below and the Global Rainbow Foundation has highlighted the following recommendations to fight unemployment:
• •
• • • • • •
Follow up by the Government after an initial one-year training placement provided under YEP and STM; Legislative and administrative measures and policies for compliance with employing 3% employees with disabilities in the workplace; Accessibility measures - removing environmental barriers (building); Effective networking with other organisations; Inaccessible website for online application; Telecommuting Scheme (‘Work from home’ Scheme); Entrepreneurship initiatives; Lack of a committed body to empower persons with disabilities with training to ultimately secure a job.
Along with all institutions in the employment sector, GRF aims to WALK THE TALK.
Empowerment of persons with disabilities - MEMORANDUM - p. 18
Where there’s a Will, There’s a Way!
POVERTY ALLEVIATION The Global Rainbow Foundation has come up with recommendations to resolve issues faced by Persons with Disabilities for challenges for Persons without Disabilities are a bigger challenge for Persons with Disabilities. PREAMBLE The intertwined connection between poverty and disability complement each other in a brutal cycle of inappropriate living conditions and sufferings. This strange combination gives rise to health complications. Persons with health issues already facing financial crisis tend to become poorer with a higher cost of living due to medical expenses and additional living costs. The four barriers towards progress for persons with disability emerging from Poverty Trap and subsequently from disability are: • Inclusive infrastructure; • Education; • Employment; • Health services.
Global Rainbow Foundation recommends the following measures: • • • •
•
Conduct a thorough research to identify the four barriers and bring forward effective remedial strategies; Social entrepreneurship workshop; Employability skills workshops to eliminate the education and skills gap; Increase in the grant (social and financial assistance) allocated for housing, food and transportation expenses of persons with disabilities and elderly citizens; Disability Awareness Campaigns in private sector companies to recruit Persons with Disabilities.
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Healthcare : No middle ground But a Fundamental Right HEALTH CARE AND ADEQUATE LIVING CONDITIONS Disability should not be a barrier for someone to enjoy his fundamental human rights. With growing age, the disability specific needs of persons with disabilities also increases, thus he requires constant care and attention. PREAMBLE Data shows that poor living conditions associated with inadequate healthcare support results in disability-prone health issues. The Global Rainbow Foundation engages to meet the unmet needs of elderly citizens and persons with disabilities. In its Programme, the current Government had committed to appoint a psychologist in each institution responsible for the health and care of elderly persons. Unfortunately, till date, there has not been much improvement in that regard.
The Global Rainbow Foundation looks forward to a joint collaboration with other health care providers to undertake the following initiatives:
•
• •
•
Empowerment of persons with disabilities - MEMORANDUM - p. 20
Increase in the pension schemes for Persons with Disabilities and elderly who are in need of constant care and attention or who are supported by health care providers; Legislative and administrative measures in view of health and medical insurance schemes for Persons with Disabilities; Refunds of expenses incurred by persons with disabilities and elderly citizens on medicines which are not provided by hospitals; Adapted means of transport for PWDs.
A REINFORCED MECHANISM OF AN INCLUSIVE SOCIETY NEED FOR FUNDING The Grant-in-aid allocated to NGOs who assist persons with disabilities should be increased on a yearly basis to be able to support the expenses incurred in the transportation of persons with disabilities and for the training of staffs and their allowances respectively; • Increase in CSR Funding for advocacy sessions with individuals to highlight the rights of Persons with Disabilities; • Increase of funds or introduction of policies in favour of social entrepreneurship and marketing to maintain autonomy of persons with disabilities along with training provided by NGOs; • Increase in allowance for the rental of NGO buildings; • A supplementary funding for trainings of educators and their welfare. • Supervised grants for various incentives in favour of inclusion of Persons with Disabilities in the mainstream society. • Allowances for the training of staffs to raise awareness on the rights of persons with disabilities. • Funding to continue with the free legal aid provided by the Disability Legal Services and Elderly Legal Services of our Foundation.
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NEED FOR REINFORCED LEGISLATIVE PROVISIONS In its 2014 Electoral Manifesto of Alliance LEPEP, the Party had mentioned to introduce the Disability Discrimination Bill (highlighted in Appendices) “afin d’éliminer toute discrimination sur la base d’incapacité physique et mentale”. The Parliament of Mauritius enacted various adequate legal provisions to enforce and preserve the rights of Persons with Disabilities. The most important ones which need to be reinforced to cater to the needs of Persons with Disabilities are as follows: • The Constitution of Mauritius; • The Training and Employment of Disabled Persons Act 1996 and 2012; • The Equal Opportunities Act 2008; • The Building Control Act 2012; • The Town and Country Planning Act; • The National Disaster Management and Reduction Act; • The Education Act 1957; • The National Pensions Act 1976 Article 13 of the United Convention on the Rights of Persons with Disabilities (UNCRPD) which has been signed and ratified by Mauritius in 2007 and 2010 respectively lays down the obligation of member states to ensure the effective participation of Persons with Disabilities in all legal proceedings including their capacity to witness. However, there is an urgent need to review the legislative provisions in view of advocating for the rights of Persons with Disabilities. There is no specific legislation in Mauritius which specifically handles discriminatory and marginalizing issues dealt by Persons with Disabilities. In the Government Programme 2012-2015 (Appendices), it was stipulated that the Government will introduce a Disability Bill for the better protection of the rights of Persons with Disabilities. One year after the enactment of the Disability Act in India, the Global Rainbow Foundation recommends to the Government and the political parties of Mauritius to support the enactment of such an Act to empower and ensure the rights of Persons with Disabilities are respected for them to lead their life in dignity. The Global Rainbow Foundation make a solemn call to the Government to enact the Disability Bill in Mauritius
Empowerment of persons with disabilities - MEMORANDUM - p. 22
MAURITIUS RESERVATIONS ON THE UNCRPD In the Initial Report submitted by States parties under Article 35 of the Covenant on the implementation of the UN Convention on the Rights of Persons with Disabilities in 2012, the Government of Mauritius committed to ensure the full realization of the rights of Persons with Disabilities. Nonetheless, at the same time, the State of Mauritius highlighted the following reservations on the UNCRPD: Mauritius Reservations: The Republic of Mauritius has placed the following reservations on the CRPD 1. During the signature of the Convention, a reservation was placed on Article 11 of the Convention which deals with situations of risks and humanitarian emergencies. However, the Government of Mauritius is considering removing the reservation on Article 11 in the short-term in view of the forthcoming Mauritius Disaster Management Bill. 2. A reservation was placed on Article 9.2 (d) which calls on Member States “to provide in buildings and other facilities open to the public signage in Braille and in easy to read and understandable forms;” The reservation has been made in view of the costs involved in providing access through Braille signage in all public facilities. The Government proposes to remove this reservation in due course as further developments take place. 3. During the ratification of the Convention, a reservation was placed on Article 24.2(b) which states that “persons with disabilities can access inclusive, quality and free primary and secondary education….” This is because though Mauritius has a policy of inclusive education, given the current situation wherein educational provisioning for children with disabilities is largely taken care of through special schools, it is expected that special schools will continue to operate alongside inclusive education until there is total mainstreaming. The Government is working towards this goal and proposes to remove the reservation in due course. In the same above-mentioned Report, the commitments of each Government for the welfare of Persons with Disabilities and elderly persons were highlighted : - In the Government Programme 2010-2015 highlights the Government’s commitment to build an inclusive society with the participation of Persons with Disabilities, whereby it stated the following – • • • • • •
“Government will further promote the integration of persons with disabilities by facilitating their access to training, education, employment, health, and ensure the protection of their human rights amongst others”. “The Special Needs Education Sector will be restructured in order to ensure that no child is deprived of education on account of any form of impairment or disability”. “Government will maintain payment of Basic Pensions to all elderly persons, widows, orphans and persons with disabilities”. “Government will review the social protection system to ensure that the most vulnerable groups of society are provided with adequate protection”. “Government will proceed with the extension of the Foyer Trochetia with two additional units in order to cater for a greater number of severely disabled elderly persons”. “Government will proceed with the construction of a Respite Care Centre for children with disabilities. These children will benefit from specialised services and rehabilitation, including leisure facilities. The respite care facilities will be beneficial not only to the disabled children but also to their parents who require some respite”.
- In the Government Programme 2012-2015 stipulated the following – “Government will further pursue the implementation of the UN Convention on the Rights of Persons with Disabilities by giving a new boost to training and employment of persons with disabilities. Relevant amendments will be brought to the Training and Employment of Disabled Persons Act and the National Council for Rehabilitation of Disabled Persons Act”.
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• • •
“Government proposes to introduce a Disability Bill in line with the Convention to provide further protection to persons with disabilities against all forms of discrimination». “In the Special Education Needs sector, Government will introduce an early identification and assessment programme to profile the needs of differently-abled learners to enable timely intervention”. “Government believes students with disabilities should be placed on an equal footing in term s of education and access to new technologies. Therefore Government will provide a Braille PC to all visually impaired students over the coming three years”.
It is to be noted that 5 years after the Initial Report of 2012, positive initiatives were taken to remove the reservations placed by the Mauritian Government on the above-mentioned Articles: •
•
•
In regard of Reservation No.1, following the Cabinet decision in 2013, the Government introduced the National Disaster Risk Reduction and Management Bill whereby policies stipulate that requisite actions should be taken to safeguard the life of persons in danger, including evacuation of persons at risk owing to age or some disability, women, children and persons detained in an institution; Not many initiatives were taken in regard of complying with Article 9.2(d) of the Convention. Buildings and other facilities in Mauritius are still inaccessible for persons with visual impairment. There is no provision of signage in Braille and in easy and understandable formats to guide them in buildings and are hence dependent on others for assistance; Unfortunately for Reservation No.3, it is true that till date, regular mainstream education institutions are still inaccessible for students with disabilities. They experience difficulties to integrate the mainstream education system due to inadequate and unsuitable means of transportation and inaccessible environments.
POSITIVE INITIATIVES BY GLOBAL RAINBOW FOUNDATION FOR AN INCLUSIVE SOCIETY The Global Rainbow Foundation undertook the following initiatives in view of building an inclusive society and to resolve the reservations: 1. GRF made provision for accessible ramps in places of worships and alterations in pavements in Port Louis for wheelchair users; and 2. Various awareness and advocacy campaigns in favour of an inclusive education system.
Empowerment of persons with disabilities - MEMORANDUM - p. 24
APPENDICES PTR-MMM Proposed measures highlighted in the Electoral Manifesto of PTr-MMM in the context of the General Election 2014 were as follows:
Renforcer La Solidarité Sociale • • • • • • • •
•
“Notre idéal est celui d’une société solidaire qui prend soin de tous. Pour rendre la protection sociale plus efficace et répondre aux besoins des plus vulnérables, nous prendrons les mesures suivantes: La révision à la hausse du montant de la pension de vieillesse ainsi que des autres prestations sociales; Le changement des dispositions actuelles pour permettre aux plus démunis de nos aînés touchant déjà la pension de vieillesse, de pouvoir aussi bénéficier de la pension pour veuve ou de la pension pour handicapé; La mise sur pied d’une Commission Nationale pour l’Egalité de Droits et l’Intégration des Personnes en situation de Handicap; L’introduction d’une Disability Discrimination Bill; L’affirmation par l’Etat, par le biais de prestations sociales revues et améliorées, du droit de chaque élève handicapé à la scolarisation et à un parcours scolaire continu et adapté; La provision d’une allocation de transport aux handicapés qui ne peuvent pas prendre avantage du transport public gratuit, afin de faciliter leurs déplacements essentiels; L’encouragement à la création de homes avec personnel qualifié pour nos aînés, de plus en plus nombreux à habiter ce genre d’espace d’accueil, ainsi que la réactualisation du cadre régulateur existant pour ce type d’activité; La mise à disposition d’un service d’aide à domicile pour assurer des visites régulières aux personnes seules ou alitées.
Protéger L’Enfance Le gouvernement PTr-MMM élaborera une politique de l’enfance pour faire respecter les droits de tous les enfants en leur garantissant la protection et les soins nécessaires à leur développement et leur épanouissement. Ainsi, le gouvernement PTr-MMM procèdera à: • La garantie de la prise en charge de tous les enfants handicapés par l’Etat, s’appuyant sur le partenariat publicprivé et les ONG spécialisées; • La garantie de l’accès à l’éducation à tous les enfants indistinctement, y compris les handicapés, les enfants hospitalisés ou dans les shelters; • L’assurance d’un moyen de transport à tout enfant avec handicap lourd pour les déplacements ayant trait aux soins de santé et aux services éducatifs.
Petite Enfance: Protection, Soins, Et Éducation Consciente que la petite enfance est la période la plus propice pour exercer une influence positive durable sur la santé, l’intelligence et le développement de l’individu, le gouvernement PTr-MMM concentrera ses efforts sur une démarche préventive, centrée sur l’enfance. Aussi, un gouvernement PTr-MMM: • Assurera, dès le plus jeune âge, la prise en charge par l’Etat des enfants handicapés ou avec besoins éducatifs spéciaux et le paiement des frais d’examens par l’État pour le SC et le HSC pour les familles touchant moins de Rs 25,000. • La dotation budgétaire pour les enfants handicapés sera révisée et les partenariats avec les écoles spécialisées privées relancés.
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ALLIANCE LEPEP In the 2014 Electoral Manifesto of Alliance LEPEP, the party engages to counter poverty:
Combat contre la Pauvreté “Le combat contre la pauvreté et les injustices sociales figure au premier plan de notre programme de même que l’amélioration du pouvoir d’achat. L’île Maurice a les moyens de mener et gagner cette bataille. Nous le ferons ensemble. Nos propositions sont les suivantes : • • •
Augmenter la pension de vieillesse à Rs 5 000 ; Augmenter raisonnablement la pension des veuves, des orphelins, des handicapés physiques et aussi celle des bénéficiaires d’aide sociale ; Assurer un partenariat avec la Fondation ESSA pour venir en aide aux écoles ZEP
L’emploi La création d’emplois pour les jeunes est un défi majeur et restera l’une de nos principales priorités au regard d e notre engagement à ramener le plein emploi. Nous établirons une synergie gouvernement-secteur privé pour gagner cette bataille. Nos propositions sont les suivantes : Un ‘Disability Discrimination Bill’ sera présenté afin d’éliminer toute discrimination sur la base d’incapacité physique et mentale
Nos aînés Nos aînés sont en même temps nos guides et notre richesse. Ils méritent notre reconnaissance et notre considération et doivent pouvoir vivre dans la dignité. Nos propositions sont les suivantes : • • •
• • •
L’augmentation de la pension de vieillesse à Rs. 5 000 L’implémentation de l’Elderly Protection Act qui englobe déjà les provisions pour assurer la protection de nos aînés Assurer la protection des personnes âgées dans les maisons de retraites et autres institutions en rendant obligatoire l’installation de caméras de surveillance, la présence d’un médecin en permanence et le recrutement d’un personnel formé et qualifié. Un psychologue sera aussi attaché à ces institutions Les médecins du Ministère de la Sécurité Sociale feront le suivi de ces personnes âgées pour s’assurer de leur bien être général Suivi régulier par des ‘social workers’ pour les personnes âgées habitant avec leurs enfants ou seules Durcissement de la loi contre toute personne qui abuserait de nos aînés.
Empowerment of persons with disabilities - MEMORANDUM - p. 26
MACOSS (MAURITIUS COUNCIL OF SOCIAL SERVICE) The commitments of MACOSS (Mauritius Council of Social Service) include:
Supports to Persons with Disabilities “To provide a better life to children with disabilities and to elderly persons and facilitate integration in the society, the Ministry to consider the followings : • • • • •
• • • • • •
An increase of allowances regarding traveling of children with disabilities An increase for the Care givers allowance A Review of pension for disabled persons Establishing a mechanism to refund cost for those medicine which are not available in public hospitals and dispensaries for persons with disabilities and elderly To review the salary and other benefits (eg. Pension under SICOM) (Medical, non-medical, assistants, teaching, non-teaching, etc. – Staff ratio will depend on age and type of impairment). These should be in line with educators and secondary staff paid by the PSSA and be paid directly to the staff The CSR scheme has to be reviewed to include funding and any kind of support to SEN Schools and children with disabilities To improve quality of service there need to be provision for incentive to management, Grant in Aid and grants for libraries, computer room, special requirements etc… To provide compensation for infrastructural investment in immovable/immovable property- ( rented or owned), depreciation and for the repairs of maintenance of facilities such as : Clinical facilities Teaching facilities Other facilities (Leisure, Sports, etc.) It may be based on the Annual Rental Value of a school as determined by the Government Valuation Office.
Children The care of children with disabilities in schools is almost non-existent. With 0.4% of the budget of Education dedicated to disability, much remains to be done to allow access of all children to school.
Elderly • • • •
Provision of allowance for NGO’s carers for homecare for Elderly Doctors’ visits/ Homecare services to be extended to elderly living alone Half way Home for elderly Basic Retirement pension to have 3 thresholds : 60 - 75 years ; 76 - 89 years ; 90 - 10 years
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Une publication de la Global Rainbow Foundation Adresse : Royal Road Petit Raffray Tél : 283 86 04 Email : enable.grf@gmail.com