Inclusive development is an essential approach that equally values and incorporates the contributions of all stakeholders – including marginalized groups - in addressing development issues. It promotes transparency and accountability, and enhances development cooperation outcomes through collaboration between civil society, governments and private sector actors. Development fails when governments neglect the needs of the very people it is designed to help. Yet too often, countries undertake development policies and programs in response to donor demands or private sector interests at the cost of citizen involvement, resulting in ineffective and sometimes destructive developmental programs.
According to the UN one billion of the world’s population – one out of every seven people on the planet – are women, men, girls and boys with disabilities and at least 80 % of that billion live in low-income countries, where they make up a disproportionate percentage of the poorest sections of the community, making them an important group for development actors.
The rights of persons with disabilities should be mainstreamed in all aspects of development. Persons with disabilities must be able to enjoy and have their share of inclusive growth. Inclusion, non-discrimination and equity must be the driving principles for framing development programmes (Yannis V. 2013).
The Universal Declaration of Human Rights, recognizes that the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world (UN General Assembly 1948). Further, it provides that all are equal before the law and are entitled without any discrimination to equal protection of the law (Article 7). To this end, the Declaration recognizes the important role of equity in ensuring that all persons are not only afforded equal opportunities but are also able to take advantage of such opportunities in a fair manner.
In September 2015 Member States of the United Nations adopted the Sustainable Development Goals (SDGs). Through the SDGs governments have agreed to achieve sustainable development by creating greater opportunities for all, reducing inequalities and fostering equitable social development and inclusion. National responses to the SDGs, which should be prepared and implemented in a manner consistent with the Convention on the Rights for Persons with Disabilities, provide an important avenue through which countries and other stakeholders can work to achieve disability-inclusive development. This illustrates inclusion must reach all sectors of development, as all sectors of development are relevant for persons with disabilities with an applicable clarity that Disability Mainstreaming is NOT inserting persons with disabilities into one component of a national strategy or development plan; or adding the words “and persons with disabilities” in various parts of a policy document with no corresponding activities or budgetary allocation.
Human development is essential for realizing human rights and human rights are essential for full human development (UNDP, Human Development Report 2000). The Convention on Rights for Persons with Disability adopted by the United Nations in 2006 reflected the shift in thinking on disability that was emerging globally. Its purpose is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their dignity”.
The Constitution of Kenya 2010 provides special safeguard on the protection of individuals or groups who may be discriminated as articulated under Article 54 on persons with disability. Article 1 of the Constitution of Kenya 2010 emphasizes that all sovereign power belongs to the people while Article 10 sets out democracy and participation of the people and inclusiveness as some of the national values and principles of governance in Kenya. Article 27 prohibits either the State or any person from discriminating against any person on any of these grounds including: race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
Pursuant to Article 2(5) and (6) of the Constitution of Kenya 2010, the general rules of international law and any treaty or convention ratified by Kenya shall form part of Kenyan law under the Constitution. By virtue of these provisions, international instruments to which Kenya is a signatory including the United Nations Convention on the Rights for Persons with Disabilities (UNRCPD) binds Kenya, which is obliged to take policy, legislative or administrative measures to give effect to their provisions.
Thus, Kenya as a state party to CRPD should abide to Article 4(1) c of the Convention on the Rights of Persons with Disabilities which obliges States Parties to ‘take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes’. This is widely understood as the mainstreaming clause of the Convention, and should be read together with Article 19 (c) of the Convention which obliges States Parties to ensure that ‘community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs’.
Ensuring equity principles to share the opportunities for development is simply the literal meaning of inclusive development. Disability rights should matter in all departments towards Kenyan national development agenda because:
· The rights of persons with disabilities must be promoted and respected for the same reason all peoples’ rights should be: because of the inherent and equal dignity and worth of each human being.
· Persons with disabilities in most countries throughout the world have difficulty attending school, getting a job, voting and obtaining healthcare.
· Marginalizing persons with disabilities and encouraging them to remain dependent is costly, both for their families and for the general public.
· Empowering persons with disabilities to live independently and contribute to society is socially and economically beneficial.
· Everyone is likely to experience disability at some point during his or her lifetime because of illness, accident or ageing.
· Persons with disabilities are voters, taxpayers and citizens like everyone else. They expect inclusion and are fully entitled to it.
Mwavuna Kazungu