Lighter Note from a Lighter Note
17th April, 2023
Disability Rights Watch (DRW) wants to drop a “lighter note” from the “lighter note” His Excellence, the President Mr Hakainde Hichilema dropped last Friday. On Friday, 14th April, 2023, the President swore in the Police Inspector General and several Permanent Secretaries. During his address to the sworn in officials, the President paused on a “lighter note” a short story.
The President indicated that the previous day, he was in Livingstone where he graced the official opening of the Law Association of Zambia (LAZ) Conference. The Head of State narrated that at the time the LAZ president was about to deliver his speech, he complained that he was being discriminated ‘on the basis of his short stature’ because the microphone was placed at higher position for him to reach. So, the microphone was adjusted downwards to his height to accommodate him. At this point, the Head of State said the Master of Ceremony intervened indicating that the adjustment of the microphone downwards also was a form of discrimination against those who were tall. With his usual light giggle, the Head of State said that we should realise that discrimination is in many forms, and we need to look out for it.
This narration by the President of the Republic of Zambia is indicative that the Head of State realizes that discrimination is in the society and the environment we live in. And that it is the environment that requires adjustment to eliminate discrimination. This is exactly what is required to reduce discrimination against persons with disabilities. The adjustment of the microphone downwards is what is referred to as “reasonable accommodation”. The fact that the microphone was designed in such a way that it could be adjusted to be usable by all persons means that the microphone was designed using the “universal design” principle. This is important to note when it comes to redressing discrimination based on disability. This narration does not in any way imply that the LAZ official is a person with a disability.
According to the UN Convention on the Rights of Persons with Disabilities (CRPD), “Discrimination on the basis of disability” means any distinction, exclusion, or restriction based on disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment, or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.
The CRPD further indicates that “reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.
Furthermore, the CRPD states that “Universal design” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design.
It is therefore essential to turn the “lighter note” by the Head of State to a “serious note” that should impact on the perception of everyone on what discrimination on the basis of one’s status, including disability, is. It is as simple as the Head of State put it. Reasonable accomodation and universal design as defined above were demonstrated in the narration by President Hichilema.
The fact that this demonstration came from the Head of State and that it emanates from a Law Association of Zambia Conference makes DRW to treat it as a “non-judicial precedence”. BRAVO Mr. President! We need more of such “lighter notes’ from you!
Wamundila Waliuya,
Director,
Disability Rights Watch.
