LEGISLATION aimed at social empowerment for vulnerable communities in Pakistan has always been a challenge. One of the most neglected segments of our society are persons with disabilities (PWDs). This most vulnerable segment continues to be ignored by the mainstream and is discriminated against every day.

Socio-cultural norms exclude PWDs from society and the government’s apathy in ensuring inclusion only makes matters worse. Statistically there is no current data on the population of PWDs in Pakistan. The 1998 census reveals that 2.49pc of the population consists of PWDs. However, the World Health Organisation estimates this figure at 10pc. This alone indicates that these citizens of Pakistan are not currently even recognised as such.

Our parliament has been eager to enact legislation related to gender issues, national security, or policies to boost the economy, yet marginalised communities have been neglected and are in dire need of being recognised as equal citizens. This is especially true for PWDs now that Pakistan has ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The convention creates an obligation under international law to enact new legislation and provide PWDs with their basic rights.

The primary law providing for PWDs is the Disabled Persons (Employment and Rehabilitation) Ordinance 1981. The ordinance was the first effort made for PWDs under Gen Ziaul Haq’s military dictatorship. The impetus for the law came from the fact that the dictator’s own daughter had a disability. It was his daughter that established the special education centres for children and PWDs in Pakistan.

Does legislation promoting the interest of vulnerable communities in Pakistan always require personal or political motivation or will the government proactively seek to protect its citizens? Moreover, despite the existence of such legislation, the efforts to rehabilitate and employ PWDs have not been very efficacious. What is more alarming is the handful of cases under this legislation, indicating the lack of awareness amongst the PWDs and the lack of implementation of this law in our country.

In 2002 and 2006, the government issued two policies, namely, the National Policy for PWDs and National Plan of Action for PWDs. Though the policies were a good initiative on the part of the government to empower PWDs and include them in society, no adequate enforcement was seen on the part of the relevant ministries. Further, two bills were proposed in parliament known as the Special Citizens Bill 2008 and Special Citizens (Right to Concessions in Movement) Bill 2009 but they were never passed despite being highlighted in the media.

The efforts made by the government to enhance the rights of PWDs have been insufficient. Pakistan should now take appropriate steps to provide an effective legal framework according to the UNCRPD to provide equal opportunities to PWDs.

The barriers that PWDs face also deter them from civic engagement and political participation. This was observed as recently as the last general election where mobility issues prevented access and PWDs could not cast their votes. In 2006, a Declaration on Accessibility for Persons with Disabilities was issued as well to make all public places in Islamabad accessible to PWDs within a specific time period. This has yet to happen.

Therefore, it can be determined that despite formulating national policies the government has failed to take any adequate steps to provide basic rights to PWDs, ie free mobility and accessibility to public places. It is essential to provide a modern legal framework that goes beyond these inept policies to eliminate the threat of discrimination and harassment that PWDs face. This revamp needs to begin with updating the definition of PWDs, which dates back to the 1981 ordinance, and should address all the barriers in society that PWDs face.

Implementation is always a challenge in Pakistan and legislation will only be the first step to curtail the difficulties faced by PWDs. The law must provide for the creation of a disability rights commission to monitor implementation and suggest new legislative initiatives. There have been several efforts on the part of civil society activists to advocate this notion but there has been no positive outcome.

Pakistan needs to fulfil its international obligation under the UN convention and enact new legislation to promote the socio-economic development of PWDs. Their inclusion in mainstream society would also aid the country in its development. Hence, it is essential that all public sectors are made accessible to such citizens.

The government needs to look into establishing the disability rights commission, as currently the human rights ministry and previously the social welfare ministry, have been unsuccessful in upholding the rights of PWDs in Pakistan in any effective way.

The writer is an advocate & research associate at Research Society of International Law.