Introduction

People with disabilities, like the majority of people in this country during the apartheid era, were denied fundamental human rights. However, people with disabilities as a group experience further discrimination on the basis of their disability. Changing this means that society as a whole needs to change its attitudes towards disabled people both at an individual and systemic level.

People with disabilities are marginalised and excluded from many aspects of life. Under the new Constitution⁽¹⁾, people with disabilities are entitled to substantive equality, which includes the right to corrective (affirmative) action to overcome the effects of past discrimination.

Equality and dignity are enshrined in the Constitution. However, the objectives enshrined in these principles must be met through the enactment of legislation, the scrutiny and, where necessary, amendment of existing legislation and the monitoring of constitutional and legislative provisions.

This work should be conducted in partnership with NGOs - both in the disability and legal sector, the Human Rights Commission, the South African Law Commission and other appropriate institutions and organisations.

Legislation

There is, at present, no coherent or comprehensive legislation pertaining to people with disabilities and their rights.

One of the legacies of apartheid is an inheritance of many pieces of fragmented legislation, much of which does not even cover the former TBVC states. It has also not been possible to use the common law to promote the rights of disabled people. This vacuum clearly needs to be filled by cohesive and integrated legislation.

Legislation, if correctly administered, can be used to promote the rights of people with disabilities. However, the enactment of law may not be sufficient to ensure the realisation of rights. Thus, national institutions and mechanisms have been established to promote and protect human rights. Legislation does however, provide an important reference point for redress and offers enforceable support.

Policy Objectives

Legislation, whether it is stand-alone or whether it forms part of other legislation, must be based on the principles enshrined in the Constitution. It must ensure equality, nondiscrimination and protection for people with disabilities. Existing legislation must be scrutinised for compliance with the constitutional principles.

Legislation must also take into account the present and future legislative environment of the disabled population. Anti-discrimination and other relevant legislation should take into account the requirements of the disabled sector.

The development of anti-discriminatory legislation must be two-pronged in its approach. First, it must seek to address past inequalities by means of equalising opportunities, while controlling any tendency towards further discrimination. At the same time, it must champion the principles of the Constitution and other international human rights instruments.

Hence, all new and amended legislation should not only aim at ending discrimination faced by many disabled people, but should also promote the fundamental rights enshrined in the Constitution.

The application of legislation should be vertical and horizontal (in other words, it should apply between state and citizen and between citizen and citizen). It should cover the diversity of people with disabilities, and also acknowledge service providers to this sector.

Mechanisms

All legislation should be framed within the context of the agreed policy objectives relating to disability. In line with these objectives, it should:

1. involve the disabled sector in discussions with regard to proposed legislation, and
2. seek intersectoral cooperation amongst all public and private sector stakeholders.

Monitoring

Monitoring is an essential element in the upholding of human rights generally. Monitoring can be used as a corrective tool against the violated rights of disabled persons. It can also be used to measure trends and patterns of discrimination on the grounds of disability, both at an individual and systemic level.

The act of monitoring primarily investigates and records the violation of people's rights. The process itself often provides the impetus for addressing disability. Monitoring can also be used as an educative tool, to create awareness.

Policy Objectives

The objective is to establish a system of monitoring at all levels, in the private, as well as all spheres of government in the public sector. It must be horizontal and vertical (between government and citizens, and between citizen and citizen).

Scope

Monitoring should encompass the full environment. However, particular groups should be targeted. These include:

1. Women and girls with, particularly, intellectual disabilities; ⁽²⁾
2. Disabled elderly people;
3. Disabled women and rural disabled persons in the workplace;
4. Abused children in institutes for disabled children;
5. Parents with disabled children;
6. Disability groups with specific needs.

Mechanisms

Formal monitoring must be guided by key performance indicators. It must, in other words, be measured so that results can be assessed.

Monitoring must be done in interaction and collaboration with international agencies which have set norms.

Monitoring must include a systematic review of all national laws and policies.

Effective Monitoring

For monitoring to be effective, it requires:

1. Gathering, coordination and collation of findings;
2. Findings made available to civil society in an accessible and understandable format;
3. Participation by disabled people in decision making, planning and evaluation at all levels. In other words, disabled people must collaborate in the monitoring. All stakeholders and consumers must be partners in the process;
4. The act of reporting must be simple and sensitive to persons reporting violations;
5. The monitoring agency should establish close links with people engaged in monitoring at community level.

The role of the South African Human Rights Commission (SAHRC)

The SAHRC, in terms of its mandate, is the body responsible for the monitoring of human rights violations in South Africa.

The South African Federal Council on Disability will work with the SAHRC and other bodies⁽³⁾ to monitor the equalisation of opportunities for people with disabilities, including human rights violations.

Footnotes

1. People with disabilities are Constitutionally protected in terms clause 8(1) of the Bill of Rights.

2. Research has shown that this group is particularly vulnerable to sexual and physical abuse.

3. See Appendix A.

Office on the Status of Disabled Persons, Office of the Deputy President

An Office on the Status of Disabled Persons was established as a directorate in the Office of the Deputy President in June 1997.

The Office, which previously existed as a Disability Unit, is responsible for policy development, and will undertake the overall coordination of the Integrated National Disability Programme It will, in addition, undertake certain specific duties as recommended in this document.

Some other government and para-statal initiatives include:

Commission on Gender Equality

An important first step has been taken in highlighting and redressing the problems faced by women with disabilities through the inclusion of a disabled woman on the Commission on Gender Equality.

Department of Health: Rehabilitation Policy

The Department of Health has established a Technical Committee on Rehabilitation Policy whose purpose is to work with all interested parties to develop a comprehensive policy on rehabilitation.

Department of Housing: Summit on Housing and People with Disabilities

The Department of Housing organised a Summit in May 1997 with a special focus on housing as it affects people with disabilities.

Department of Labour: New Employment Services Division

The Department of Labour is in the process of restructuring traditional career guidance and placement services into a more coordinated New Employment Services Division. One of its many functions is to assist, among others, people with disabilities to acquire the basic capabilities required to take advantage of other support services: for example, to equip people with disabilities with interview skills, job search skills, time management, communication skills, etc.

Department of Transport: Pilot Study

The Department of Transport has agreed to commission a pilot study on the inclusion of people with disabilities in the public transport system.

Department of Education: National Commission on Special Needs in Education and Training

The National Commission on Special Needs in Education and Training (NCSNET) and the National Committee on Education Support Services (NCESS) will report to the Minister of Education on 1 October 1997.

The reports are expected to provide more detailed recommendations for the transformation of the education system to accommodate learners with special education needs (into which category learners with disabilities fall) more effectively.

Government Departments: Funding Allocations

The successful integration of people with disabilities in the mainstream of society is dependent on the optimal rehabilitation of people with disabilities. This, in its turn, requires a multi-disciplinary approach in government. It is noted that very few departments make provision for specific disability related programmes. Those which do include the Departments of Health, Welfare and Population Development, Education, Labour, Environmental Affairs and Tourism, and Public Works.⁽¹⁾

Premier's Office, Mpumalanga

The Premier of Mpumalanga has established a Disability Programme whose functions include the advising of the various provincial departments on the implementation of the Integrated National Disability Strategy.

National Plan of Action for Children in South Africa

The National Plan of Action for Children in South Africa (NPA) has identified children with disabilities as a particularly vulnerable group. In addition to developing inclusive programmes aimed at and protecting the rights of all children, the NPA is in the process of developing specially targeted programmes for disabled children.

National Youth Commission

The Government has taken the important step of facilitating the development of disability sensitive youth strategies and programmes through the appointment of a disabled youth commissioner on the National Youth Commission.

People with Mental and/or Intellectual Disabilities

The Declaration of Rights for Persons affected by Mental Handicap (adopted at the Africa Now Conference in 1996), and the United Nations Principles for the Protection of People with Mental Illness and for the Promotion of Mental Health Care provide clear guidelines for the protection and promotion of the human rights of people with mental and/or intellectual disabilities.

South African Broadcasting Corporation

Parliament has appointed a person representing the disability sector to the SABC Board.

The South African Human Rights Commission

The South African Humans Rights Commission has proposed a special unit to monitor

human rights violations against people with disabilities. A disabled commissioner is appointed to the Commission.

South African Qualifications Authority

The South African Qualifications Authority includes a representative from the South African Federal Council on Disability.

Task Group on Government Communications (COMTASK) ⁽²⁾

The Report of the Task Group on Government Communications makes recommendations on the recognition of the communication needs of people with disabilities and proposes mechanisms to ensure that government communication is inclusive of people with hearing and visual disabilities.

Footnotes

1. Departments that need to include disability related programmes in their functions are the Departments of Arts, Culture, Science and Technology, Housing, Sport and Recreation, Justice, Public Service and Administration, Trade and Industry, Communications, Transport and Provincial Affairs and Constitutional Development.

2. These recommendations were accepted by Cabinet and, following acceptance of an implementation plan submitted to Cabinet in October 1997, the Government Communication and Information System (GCIS) will begin work in early 1998.

Recommendation 1

Prevention

It is recommended that the Department of Health, in consultation with other relevant departments and the South African Federal Council on Disability (SAFCD), facilitate the development of a National Inter-Sectoral Disability Prevention Strategy that will set national norms and minimum standards for the prevention of disabilities. Aspects that should receive attention are:

1. a coordinated referral system and network, including the development of screening procedures and record keeping, the reporting of disability resulting from injuries or accidents and the development of a data base;
2. inclusion of training programmes;
3. key performance indicators to determine (measure) the effectiveness of disability prevention programmes;
4. national norms and standards for focused and participatory research in disability prevention, and
5. the development of clear inter-sectoral mechanisms.
   

Recommendation 2a

Public Education and Awareness Raising

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, in consultation with the South African Human Rights Commission (SAHRC), the South African Federal Council on Disability (SAFCD) and other stakeholders, should develop a medium and long term disability awareness strategy that will include, amongst other things:

1. national guidelines for the use of disability sensitive terminology and uniform disability related definitions;
2. highlighting the role of both the public and private media (e.g. SABC, community radio stations, print media, etc.) and the IBA in raising awareness of disability as a human rights and development issue, and
3. criteria for the development of sectoral disability awareness projects.
   

Recommendation 2b

Public Education and Awareness Raising

It is recommended that every government line function, in consultation with the Office on the Status of Disabled Persons, Office of the Deputy President, and the South African Federal Council on Disability (SAFCD), facilitate the development of a disability public awareness programme relevant to its own area of responsibility.

Recommendation 3

Health Care

It is recommended that the Department of Health, in consultation with the South African Federal Council on Disability (SAFCD), work towards the inclusion of disability as a priority in the National Health Plan for Universal Access to Primary Health Care, the White Paper on Health and the proposed Health Act.

Recommendation 4a

Rehabilitation: Services

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, in consultation with the Departments of Health, Welfare, Education, Labour, Justice and Arts, Culture, Science and Technology, the South African Federal Council on Disability (SAFCD), the Council for Scientific and Industrial Research (CSIR), South African Bureau of Standards (SABS) and other stakeholders, facilitate a process to:

1. develop a national rehabilitation policy that sets national guidelines for inter-sectoral responsibilities and co-ordination of rehabilitation services in South Africa (short term), and
2. investigate the feasibility of developing a Disability Services Act for South Africa.
   

Recommendation 4b

Rehabilitation: Health

It is recommended that the Department of Health, in consultation with the Departments of Education and Welfare, the South African Federal Council on Disability (SAFCD), universities and professional associations, work together to develop:

1. national policy guidelines and minimum norms and standards for the early detection of disabilities. This could take the form of a comprehensive integrated early identification policy so that children with, for example, communication disabilities could be referred to appropriate rehabilitation programmes for communication training.
2. rehabilitation within the health services - including the reorientation of rehabilitation and health personnel to help them to develop an understanding of the implications of the social model of disability, and the development of community rehabilitation worker training and post structures, and
3. national norms and standards for the provision of appropriate psychological rehabilitation services in South Africa.

Recommendation 4c

Rehabilitation: Education

It is recommended that the Department of Education, in consultation with the South African Federal Council on Disability (SAFCD), universities and other stakeholders, work together to develop national policy guidelines and minimum norms and standards for the provision of educational rehabilitation services.

This should include the reorientation of rehabilitation personnel to work within regular schools as a resource to teachers and the provision of career guidance and vocational skills training programmes.

Recommendation 4d

Rehabilitation: Labour

It is recommended that the Department of Labour:

1. consult with the Department of Foreign Affairs, the National Economic Development and Labour Council (NEDLAC), the South African Federal Council on Disability (SAFCD) and other stakeholders with a view to achieving the ratification of the ILO Convention on Vocational Rehabilitation (159 of 1983);
2. consult with the South African Federal Council on Disability (SAFCD), the National Training Board, the National Economic Development and Labour Council (NEDLAC), the South African Association for Vocational Rehabilitation and Training and other stakeholders with a view to developing national policy guidelines and minimum norms and standards for the provision of vocational education and training services that will equip disabled job seekers to access employment opportunities.

This should include, amongst other things, the transformation of existing sheltered factories and NGO/DPO workshops into vocational training centres, and the deployment of rehabilitation workers in regular subsidised vocational training centres.

Recommendation 4e

Rehabilitation: Welfare

It is recommended that the Department of Welfare and Population Development facilitate a process for the development of national guidelines and minimum norms and standards for accessible social rehabilitation services in consultation with the Department of Health, the South African Federal Council on Disability (SAFCD) and other stakeholders.

Recommendation 4f

Rehabilitation: Technology

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, in consultation with, amongst others, the Departments of Health, Arts, Culture, Science and Technology, the Council for Scientific and Industrial Research (CSIR), the South African Bureau of Standards (SABS)and the South African Federal Council on Disability (SAFCD), the private sector and other stake holders, and with the assistance of international agencies, facilitate:

1. the development of a national strategy and programme of action for the integrated development of appropriate rehabilitation technology, and
2. the development of national guidelines and minimum norms and standards for the provision and maintenance of appropriate and affordable assistive devices.

Recommendation 4g

Rehabilitation: Assistive Devices

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, enter into discussions with the Department of Defence, Denel, the Swedish Development Agency and the various international players in the alternative technology field with a view to:

1. discussing the feasibility of alternative technology applications within the arms industry, and
2. facilitating the manufacture of wheel chairs and other assistive devices in South Africa.
   

Recommendation 5a

Barrier-Free Access: Guidelines

It is recommended that the Department of Public Works, in consultation with the National Environmental Accessibility Programme (NEAP) and other stakeholders, develop national guidelines and minimum norms and standards with regard to barrier-free access, including:

a the inclusion of barrier-free design norms and standards in the Public Sector Briefing document;

b barrier-free design of all buildings leased by the department, including the development of a barrier-free clause for all lease agreements;

c the possible introduction of tax incentives to owners of existing private sector buildings that require upgrading, and

d the development of a broad spectrum of barrier-free design expertise within the department at national, provincial and local level.

Recommendation 5b

Barrier-Free Access: Legislation

It is recommended that the Department of Public Works, in consultation with the Department of Constitutional Development and Provincial Affairs, the Department of Justice, National Environmental Accessibility Programme (NEAP) and the South African Bureau of Standards (SABS), facilitate a process for the:

1. review of existing barrier-free access legislation;
2. effective implementation and administration of existing and new legislation, especially at local government level, and
3. development of appropriate and effective monitoring mechanisms, especially at local level.
   

Recommendation 5c

Barrier-Free Access: Training

It is recommended that the Department of Public Works, in consultation with professional bodies in the design and construction industries, universities and other relevant tertiary institutions and National Environmental Accessibility Programme (NEAP), facilitate a process for the development of:

1. appropriate curricula and updating of handbooks focusing on integrated and barrier-free design as a part of the professional training of architects, town planners and engineers, and
2. adequate supplementary training for professionals and workers.

Recommendation 5d

Barrier-Free Access: National Building Regulations

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, in consultation with the National Environmental Accessibility Programme (NEAP):

1. commission an investigation of National Building Regulations, with particular reference to Section 5 relating to barrier-free access, and
2. propose measures for the tightening of regulations and/or their implementation.

Recommendation 5e

Barrier-Free Access: Tourism

It is recommended that the Department of Environmental Affairs and Tourism, in consultation with the National Environmental Accessibility Programme (NEAP) and the South African Tourist Organisation (SATOUR), develop national norms and standards as well as monitoring mechanisms to ensure barrier-free access in the tourism industry.


Recommendation 6a

Transport

It is recommended that the Department of Transport, in consultation with NEAP and other relevant stakeholders, facilitate a process for the development of a national strategic plan for the promotion of accessible public transport in South Africa.

The following aspects should be included

1. inclusion of enabling mechanisms in the National Transport Policy;
2. the development of enabling legislation;
3. the development of national guidelines and minimum norms and standards for access in airport buildings (including equipment and communication access), training of personnel in the transport industry, etc., and
4. the development of public transport pilot projects in both rural and urban centres, e.g. taxi subsidies, dial-a-ride, training of transport personnel.

Recommendation 6b

Transport

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, initiate discussions with the Department of Finance and the Department of Transport regarding the possibility of tax incentives for the importation and local manufacturing of wheelchair lifts for buses.

Recommendation 6c

Transport: Motor Vehicle Accident Fund

It is recommended that the Department of Transport, in consultation with the Departments of Welfare and Health, the South African Federal Council on Disability (SAFCD) and other relevant stakeholders, review the Road Accident Fund (RAF).

Recommendation 7a

Communications: Sign language Development

It is recommended that the Department of Arts, Culture, Science and Technology, in consultation with the Pan South African Language Board, Langtag, the Deaf Federation of South Africa (DEAFSA) and other stakeholders, facilitate a process for the development of a national strategy and programme of action for the establishment of:

1. a central pool of Sign Language interpreters nationally and provincially;
2. national and provincial Sign Language Pilot Training and Development Units, and
3. the inclusion of special language systems and Sign Language interpreters in the national guidelines and minimum norms and standards for language facilitation services, training courses (including qualifications and accreditation) for interpreters and communication facilitators.

Recommendation 7b

Communications: Technology

It is recommended that the Department of Arts, Culture, Science and Technology, in consultation with the South African National Council for the Blind (SANCB), the SA Speech, Language and Hearing Association (SASLHA), the Centre for Augmentative and Alternative Communication (CAAC), the Departments of Education and Labour, the Council for Scientific and Industrial Research (CSIR) and the South African Bureau of Standards (SABS), facilitate a process for the development of a programme for the support, coordination and development of infrastructure for alternative language systems.

Recommendation 7c

Communications: Elections

It is recommended that the Independent Electoral Commission and the Department of Home Affairs, in consultation with the Department of Constitutional Affairs, provincial governments, and the disability sector, facilitate a process to develop national guidelines and minimum standards for communication during national, provincial and local government elections.

Recommendation 7d

Communications: Access to Information

It is recommended that the Office on the Status of Disabled Persons, Office of the Office of the Deputy President, in consultation with the Government Communication and Information System (GCIS), communication divisions within all line functions, the Deaf Federation of South Africa (DEAFSA), the South African National Council for the Blind (SANCB), Disabled People South Africa (DPSA) and the public and private media, facilitate a process for the development of a comprehensive access to information policy.

Recommendation 8a

Data, Information and Research: Data Bank

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, in consultation with the Central Statistical Services, the Department of Finance, other relevant national line functions, the South African Disability Institute (SADI) and other stakeholders, initiate a national data bank on disability, which would include:

1. a statistics on available services and programmes as well as on the different groups of people with disabilities, and
2. b the development of appropriate terminology and criteria for the conduct of surveys.
   

Recommendation 8b

Data, Information and Research: Research

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, in consultation with the Human Sciences Research Council (HSRC) South African Human Rights Commission (SAHRC), the South African Disability Institute and other research agencies, universities and the South African Federal Council on Disability (SAFCD), facilitate the development of national guidelines and minimum standards for inclusive research on social, economic and participation issues that affect the lives of people with disabilities and their families.

Recommendation 8c

Data, Information and Research: Information Service

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, in consultation with relevant line functions, the provincial disability desks in the Offices of the Premiers, South African Federal Council on Disability (SAFCD) (Disabled People Information Service Project), the Council for Scientific and Industrial Research (CSIR) and other stakeholders, facilitate the establishment of an accessible and integrated national information service on disability services, programmes, and paralegal assistance.

Recommendation 9a

Education: Early Childhood

It is recommended that the Department of Education, in consultation with the departments of Health and Welfare, the Disabled Children Action Group (DICAG), the Early Childhood Education (ECD) sector and other stakeholders, facilitate a process that will integrate the special needs of young children with disabilities within both the formal and informal Early Childhood Education sector. This should include:

1. co-option of representatives of parents of children with disabilities onto all existing ECD policy-making structures at all levels;
2. the development of policy that will clearly highlight the respective responsibilities of all stakeholders, i.e. relevant government departments, local governments, NGOs, parents organisations, the private sector and relevant others;
3. the development of inclusive curricula and accreditation policies for ECD practitioners, and
4. the incorporation of informal community based day care centres into the formal ECD sector.

Recommendation 9b

Education: Sign Language

It is recommended that the Department of Education, in consultation with the Department of Arts, Culture, Science and Technology, the Deaf Federation of South Africa (DEAFSA) and other stakeholders, facilitate a process for the development of a comprehensive education policy to promote and protect equal education opportunities for children with communication disabilities and to protect their language medium.

Recommendation 9c

Education: Access to Centres of Learning

It is recommended that the Department of Education, in consultation with National Environmental Accessibility Programme (NEAP) and other stakeholders, facilitate a process to develop national norms and minimum standards for the design and construction of accessible new education centres, as well as for the renovation of existing education centres. This should include the co-option of a representative from NEAP to the Standing Committee on Space and Cost Norms for Education Buildings, a substructure of the Education Heads of Departments Committee.

Recommendation 9d

Education: General and Further

It is recommended that the Department of Education, in consultation with the Departments of Labour, Health and Welfare, the South African Federal Council on Disability (SAFCD), teacher unions and other stakeholders, facilitate a process that will transform the education system to accommodate effectively the special education needs of learners with disabilities within the school system.

This will include, amongst other things, the development of:

1. national guidelines for institutional and curriculum development;
2. national guidelines and minimum norms and standards for the training and development of educators, service-providers, managers and administrators, as well as the development of community resources;
3. national guidelines for a responsive organisational structure, funding of schools, governance of schools, etc.;
4. national norms and standards for vocational education and training that will meet the needs of learners with disabilities within an inclusive environment;
5. effective monitoring mechanisms to eliminate discrimination in schools, and
6. a five-year plan for the implementation of the South African Schools Act as it affects learners with special needs in education and training.

Recommendation 9e

Education: Higher

It is recommended that the Department of Education, in consultation with the councils of technikon and university principals, the South African Federal Council on Disability (SAFCD) and other stakeholders, facilitate a process to develop inclusive strategies that will:

1. remove all discriminatory practices and barriers in admission policies, examination procedures, decision-making processes, etc.;
2. place at the centre of the transformation debate the need to create an inclusive environment that caters for the diverse needs of all students. This should be done through the development and implementation of national norms and minimum standards for barrier-free design, access to communication support, appropriate technology, etc., and
3. facilitate representation by students with disabilities as a distinct constituency on all forums and governance structures.

Recommendation 9f

Education: Adult Education and Training

It is recommended that the Department of Education, in consultation with the Departments of Labour and Arts, Culture, Science and Technology, the Deaf Federation of South Africa (DEAFSA), the South African National Council for the Blind (SANCB), Centre for Augmentative and Alternative Communication (CAAC), the National Literacy Co-operative (NLC) and other stakeholders, facilitate a process to develop national guidelines and minimum norms and standards for the inclusion of adult learners with disabilities in Adult Basic Education and Training (ABET) provisioning by:

1. co-opting adult learners with disabilities onto all bodies responsible for the development of national norms and minimum standards in adult education and training (e.g. ABET forums, SAQA, NQF forums etc.), and
2. giving specific attention to the accessibility of adult centres within an integrated environment, flexible curricula, appropriate material development and access to appropriate technology.
   

Recommendation 9g

Education: Support Services

It is recommended that the Department of Education, in consultation with the Departments of Health, Welfare and Labour, the South African Federal Council on Disability (SAFCD) and other relevant stakeholders, facilitate the development of national guidelines and minimum norms and standards for the effective provision of education support services that will meet the needs of all learners, including learners with disabilities.

Recommendation 10a

Employment: Legislation

It is recommended that the Department of Labour, in consultation with relevant government departments, the South African Federal Council on Disability (SAFCD), National Economic Development Labour Council (NEDLAC), trade unions and other stakeholders, facilitate the development and implementation of enabling legislation on employment equity that will protect disabled job-seekers and workers against unfair discrimination, and promote an inclusive work environment that accommodates diversity.

Recommendation 10b

Employment: Small, Micro and Medium Enterprises

It is recommended that the Department of Trade and Industry, in consultation with the departments of Health, Welfare and Labour, the South African Federal Council on Disability (SAFCD), Ntsika Enterprise Promotion Agency (NEPA), National Small Business Council (NSBC) and other stakeholders, develop comprehensive and inter-sectoral strategies and national guidelines for the removal of barriers and implementation of enabling and inclusive mechanisms within existing and proposed SMME infrastructure.

Recommendation 10c

Employment: Sheltered and Vocational

It is recommended that the Department of Labour, in consultation with the Departments of Welfare and Health, the South African Federal Council on Disability (SAFCD), trade unions and other stakeholders, develop national guidelines and minimum norms and standards for the subsidisation of:

1. sheltered workshops/units within the ordinary work environment;
2. adaptations and support mechanisms in existing vocational training centres to make them more inclusive and responsive to the needs of people with disabilities, and
3. disabled people's organisations engaging in sheltered employment and/or vocational training.

Recommendation 11a

Human Resources Development: ILO Conventions

It is recommended that the Department of Labour, in consultation with the Department of Foreign Affairs, the Office on the Status of Disabled Persons, Office of the Deputy President, the South African Federal Council on Disability (SAFCD), National Economic Development Labour Council (NEDLAC), the National Training Board and other stakeholders, facilitate the urgent ratification of ILO Conventions 142 and 159, including the development of a national programme of action for vocational guidance, training and rehabilitation of people with disabilities.

Recommendation 11b

Human Resources Development: Vocational Training Centres

It is recommended that the Department of Labour, in consultation with the Departments of Welfare, Education and Health, the South African Federal Council on Disability (SAFCD) and other stakeholders, develop national guidelines for the subsidisation of adaptations (barrier-free access, work area nrganisation), and support mechanisms (trained instructors, Sign Language interpreters, etc) in existing vocational training centres to make them more responsive to the needs of people with disabilities.

Recommendation 11c

Human Resources Development: Training

It is recommended that the National Training Board, in consultation with the South African Qualifications Authority (SAQA), the Departments of Labour and Education, the South African Federal Council on Disability (SAFCD) and other stakeholders, facilitate the integration of national norms and standards for the training, testing and certification of people with disabilities (where these might differ slightly from standards applied in the general vocational training system) into the National Qualifications Framework and Industry Training Boards.

Recommendation 12a

Social Welfare and Community Development: Subsidisation of Disabled People's Organisations

It is recommended that the Department of Welfare, in consultation with the South African Federal Council on Disability (SAFCD), Disabled Peoples Organisations (DPOs) and other stakeholders, revise existing national guidelines for the subsidisation of welfare services and community development initiatives to facilitate subsidisation of DPOs engaged in the provision of services.

Recommendation 12b

Social Welfare and Community Development: Residential Facilities

It is recommended that the Department of Welfare, in consultation with the Departments of Housing and Health and the South African Federal Council on Disability (SAFCD), develop national guidelines for the development of residential facilities for people with disabilities who, as a result of the severity of their disabilities, require permanent residential care. This would include:

1. subsidisation for the physical structure;
2. subsidisation for the running of the centres, and
3. minimum standards and measures to ensure that the rights of people with disabilities are protected and their wishes taken into account.

Recommendation 12c

Social Welfare and Community Development: Personal Assistance Services

It is recommended that the Department of Welfare, in consultation with the Department of Health, the South African Federal Council on Disability (SAFCD) and other stakeholders, initiate pilot projects in urban, rural and peri-urban settings in order to investigate:

a the feasibility of appropriate, equitable and affordable home-based Personal Assistance Services (PAS), and

b how these should be linked to the present subsidisation of residential care and the development of national guidelines and minimum norms and standards.

Recommendation 12d

Social Welfare and Community Development: Community Development Services

It is recommended that the Department of Welfare, in consultation with the Department of Health, the South African Federal Council on Disability (SAFCD), and other relevant stakeholders in community development, develop national guidelines and enabling mechanisms for effective inclusion of people with disabilities in community development initiatives.

Recommendation 12e

Social Welfare and Community Development: Community based activity centres

It is recommended that the Department of Welfare, in consultation with the South African Federal Council on Disability (SAFCD), the Departments of Labour and Health and other stakeholders, develop national guidelines and minimum norms and standards for the establishment of community and/or residentially based activity centres for people who are unable to engage in economic activities due to the severity of their disabilities.

Recommendation 12f

Social Welfare and Community Development: Personnel Training

It is recommended that the Department of Welfare, in consultation with the South African Federal Council on Disability (SAFCD), South African Management Development Institute (SAMDI), the Interim Social Worker Council and other relevant stakeholders, facilitate the development of national guidelines and minimum norms and standards for the development of personnel training packages, including:

a re-orientation of existing personnel;

b induction courses for new personnel, and

c graduate training of social workers in order to develop a disability sensitive cadre of personnel with a clear understanding of disability as a human rights and development issue, and the implications of this approach as it relates to community development.

Recommendation 12g

Social Welfare and Community Development: People with Severe Mental Disabilities

It is recommended that the South African Human Rights Commission (SAHRC), in consultation with the Departments of Health and Welfare, the South African Federal Council on Disability (SAFCD) and other relevant stakeholders, develop national guidelines and minimum norms and standards for the institutional care for people with severe mental disabilities, including the development of regular independent monitoring mechanisms.


Recommendation 13a

Social Security: Legislation

It is recommended that the Department of Welfare, in consultation with the Departments of Justice, Labour, Transport, Mineral and Energy Affairs and Health, the South African Federal Council on Disability (SAFCD), the South African Law Commission and other relevant stakeholders, facilitate the development of a coordinated and effective social security legislative and administrative framework, that will include:

1. a review of existing laws that contain social security components;
2. a review of existing administrative procedures, and
3. an investigation of the viability of a Social Security Act.
   

Recommendation 13b

Social Security: Benefits

It is recommended that the Department of Welfare, in consultation with the Department of Health, the Office on the Status of Disabled Persons, Office of the Deputy President, the South African Federal Council on Disability (SAFCD), the Black Sash and other relevant stakeholders, facilitate an urgent review of the present system of social security benefits to people with disabilities and children with disabilities, and to make recommendations for:

1. the removal of barriers in the present social security system which create dependency;
2. the removal of punitive assessment mechanisms which lead to exploitation and corruption;
3. the development of appropriate administrative mechanisms and procedures, including an appeal system, which are fully accessible to all people with disabilities and their families or advocates;
4. the development of national guidelines for the payment of social benefits to disabled people, either employed in sheltered employment or self employed (SMME sector), and
5. the development of national guidelines to move people with disabilities receiving social benefits into self- or open labour market employment by linking them with training opportunities.

Recommendation 13c

Social Security: Workmen's Compensation

It is recommended that the Department of Labour, in consultation with the departments of Welfare, the South African Federal Council on Disability (SAFCD) and other stakeholders, review the national guidelines and minimum norms and standards for the provision of assistive devices and other assistance under the Workmen's Compensation Act.

Recommendation 14

Housing

It is recommended that the Department of Housing, in consultation with the Departments of Welfare and Health, the South African Federal Council on Disability (SAFCD), the National Housing Board and other relevant stakeholders, facilitate the development of national guidelines and minimum norms and standards for:

1. additional subsidies to the existing housing subsidy scheme;
2. subsidies for capital expenditure for residential group homes, and
3. funding for the transformation of existing large institutions into smaller group home units.

Recommendation 15a

Sport

It is recommended that the Department of Sport, in consultation with National Paralympic Committee of South Africa (NAPCOSA), the Special Olympics, the Department of Education, the National Sports Congress (NSC) and National Olympic Committee of South Africa (NOCSA), facilitate the development of national guidelines for the development of sport for disabled people in South Africa. This would include the development of:

1. national norms and standards for public sport and recreation facilities;
2. national guidelines and criteria for the inclusion of sport for disabled people in national sport development programmes, and
3. specific development programmes for sport for disabled people, both within and out of schools.
   

Recommendation 15b

Sport

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, after consultation with the Department of Sport, enter into discussions with the Olympic Bid Committee, its successor and Cape Town service providers with a view to ensuring the development towards the Olympic Games includes a clear policy on disability.

Recommendation 16

Legislation

It is recommended that the Department of Justice, in consultation with the Office on the Status of Disabled Persons, Office of the Deputy President, the South African Federal Council on Disability (SAFCD) and the South African Law Commission, facilitate a legislative task team to:

a develop and consider recommendations on anti-discriminatory legislation as it affects people with disabilities, and

b review existing legislation with a view to eliminating discrimination on the statute books, as well as regulations that result in discriminatory practices.

Recommendation 17

Monitoring

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, the South African Human Rights Commission and the South African Federal Council on Disability make recommendations on a programme to monitor violations against people with disabilities in South Africa.

Recommendation 18

Inter-Governmental Collaboration: Provincial Disability Programmes

It is recommended that the Provincial Premiers establish Disability Programmes in each Province in order to ensure the implementation of disability policy in all departments.

Recommendation 19a

Inter-Government Collaboration: National Coordinating Committee

In order to ensure collaboration between the all spheres of government and a multi-disciplinary approach between relevant government departments, it is recommended that a national co-ordinating committee be established and be made up as follows:

1. the Office on the Status of Disabled Persons as principal coordinator;
2. the Directors-General of all relevant government departments or their nominees;
3. representatives of the Disability Desks in the provincial Premiers' Offices.
   

Recommendation 19b

Inter-Government Collaboration: Functions of Coordinating Committee

It is recommended that the functions of the national coordinating committee will be to:

1. coordinate policy and implementation;
2. ensure effective monitoring;
3. ensure the commitment of resources;
4. negotiate key performance indicators with all role players, and
5. develop effective reporting strategies.

Recommendation 19c

Inter-Government Collaboration: Liaison with Coordination and Implementation Unit,
Office of the Deputy President

It is further recommended that the coordinating committee liaise with the Coordination and Implementation Unit in the Office of the Deputy President through the Office on the Status of Disabled Persons.

Recommendation 20a

Budgeting for Disability Programmes: Allocation of Funds by Government Departments

It is noted that the following departments make provision for specific disability related programmes: Health; Welfare and Population Development; Education; Labour; Environmental Affairs and Tourism, and Public Works.

It is noted further that departments which need to include disability related programmes in their functions include: Arts, Culture, Science and Technology; Housing; Sport and Recreation; Justice; Public Service and Administration; Trade and Industry; Communications; Transport, and Provincial Affairs and Constitutional Development.

In order to ensure that the necessary financial and personnel resources are allocated and integrated within departmental budgets, it is recommended that:

1. provision is made for specific disability related programmes by government departments which have not yet done so;
2. the Office of the Deputy President negotiate key performance indicators (time frames, performance review mechanisms, departmental policy, programmes, budgets, staff and staff training) with these departments to ensure the optimal use of the necessary resources and that, in this regard,
3. priority be given to the departments of Health, Labour, Housing, Trade and Industry and Transport.
   

Recommendation 20b

Budgeting for Disability Programmes: Funding of Disabled People's organisations

It is noted that disabled people's organisations (DPOs) at present receive limited state funding, despite their impact on the lives of disabled people, and that such funding is restricted to the provision of subsidies for services and professional posts. It is therefore recommended that:

1. the role of DPOs as representatives of people with disabilities - both politically and as service providers - be acknowledged, and
2. the importance of funding for services provided be reflected in budget allocations, and that the present negotiations with the Department of Welfare in this regard be pursued.⁽¹⁾

Recommendation 20c

Budgeting for Disability Programmes: Other Sources of Funding for DPOs

It is recommended that:

1. in view of the potential loss of revenue to disabled people's organisations implied by the setting up of the National Lottery ⁽²⁾, 10% of the total income of the National Lottery be allocated specifically to the disability sector, in particular to disabled people's organisations;
2. the National Development Agency prioritise the disability sector when allocating funds.
   

Recommendation 21

People with Acquired Immune Deficiency Syndrome

It is recommended that the Office on the Status of Disabled Persons, Office of the Deputy President, in consultation with the Departments of Health, Welfare and Labour, the South African Federal Council on Disability (SAFCD) and AIDS NGOs, develop national guidelines on the relationship between HIV Positive, AIDS and disability with regard, amongst other things, to definitions, employment equity, access to education and social security.

Footnotes

1. See also Recommendation 12a.

2. The lobbying and leadership functions of disabled people's organisations have thus far been funded through the lotteries of the Viva and Ithuba Trusts.

STRUCTURES THAT MAY BE INVOLVED IN MONITORING DISABILITY

Office on the Status of Disabled Persons. Office of the Deputy President
South African Human Rights Commission
The Public Protector
The Commission on Gender Equality
The National Youth Commission
The Consumer Council
Public Service Commission
Commission for Conciliation, Mediation and Arbitration (CCMA)
The Constitutional Court
Industrial Court
National Economic Development Labour Council (NEDLAC)
Commission for the Protection of Cultural, Linguistic and Religious Communities
South African Federal Council on Disability
Disabled People's Organisations
Other NGOs

GLOSSARY OF TERMS

It is important that terminology and definitions reflect a definite shift in philosophy and a move away from the present medical/individual approach to disability. The language needs to reflect the fact that the difficulties learners experience are not just within themselves. but also in the social environments in which they are living and learning.

Assistive devices

Assistive devices are any device and ergonomic solution capable of reducing the handicap experienced by an individual.

Community based rehabilitation (CBR)

Community based rehabilitation is a strategy within community development for the rehabilitation, equalisation of opportunities and social integration of all people with disabilities. It is implemented through the combined efforts of disabled people themselves, their families and communities, and the appropriate health, education, vocational and social services. (ILOIWHO/UNESCO Joint Position Paper, 1994)

It is therefore a strategy for enhancing the quality of life of disabled people by improving service-delivery, by providing more equitable opportunities and by promoting and protecting their human rights. (Helander, UNDP, 1994)

Disabled person

"An individual whose prospects of securing and retaining suitable employment are substantially reduced as a result of physical or mental impairment" (ILO Convention 159)

Early childhood development (ECD)

(See ECD Policy Guielines Document)

Environmental accessibility

The term encompasses both accessibility of the built environment and accessibility in terms of access to communication, for example,

1. Design of buildings, nature trails. urban and rural infrastructure that will ensure inclusive use by all citizens, including wheelchair users and parents with prams.
2. Use of technology that will ensure inclusive use by all consumers. e.g. the use of Sign Language on television, availability of documents in Braille and/or on cassette.

Human resource development (HRD)

Human resource development is a set of social investments which support the development of a healthy educated. stable and productive population. It addresses the development of human capabilities abilities knowledge and know-how to meet people s overgrowing needs for goods and services. to improve their standard of living and quality of life. It is a process in which citizens acquire and develop the knowledge and skill necessary for occupational tasks and for other social, cultural, intellectual and political roles that are intrinsic to a vibrant democratic society.

Inclusion

Inclusion implies a change from an 'individual change model' to a system change model' that emphasises that society has to change to accommodate diversity, i.e. to accommodate all people. This involves a paradigm shift away from the specialness' of people to the nature of society and its ability to respond to a wide range of individual differences.

Independence

Independence is a state of being whereby available and adequate support services, assistive devices and personal assistance to people with all disabilities at all levels enables people with disabilities to exercise choice, bear responsibility and participate fully in society.

Independent living

Independent living implies the ability of a person to live just like anyone else--with opportunities to make decisions that affect ones life, being able to pursue activities of ones own choosing. Independent living is having the right and opportunity to pursue a course of action. It is also having the right to fail--and to learn from ones failures, just as non-disabled people do.

Mainstreaming

Mainstreaming focuses on the individual and small groups within the present system, without any necessary assumption that the system may be flawed and needs to be changed to make inclusion possible.

National Qualifications Framework (NQF)

(see ECD Policy Guidelines document)

People with speech disabilities

People with limited or no speech (non-speaking people) are people with normal hearing, but who are unable to express themselves due to a physical or intellectual impairment or are unable to express themselves through speech.

Personal assistance services (PAS)

Personal assistance services enable people with severe disabilities to exercise their rights to choice and dignity within their own homes.

Examples of PAS include readers for persons with visual disabilities; drivers for persons with visual or severe physical, intellectual disabilities, including people with epilepsy; interpreters/ facilitators for Deaf persons and non-speaking persons; personal care assistants for people with severe disabilities; service dogs for people with visual and severe disabilities; advocates for people with severe intellectual disabilities.

Rehabilitation

The UN Standard Rules define rehabilitation as: '... a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric and/or social functional levels, thus providing them with the tools to change their lives towards a higher level of independence. Rehabilitation may include measures to provide and/or restore functions, or compensate tor the loss or absence of a function or for a functional limitation. The rehabilitation process does not involve initial medical care. It includes a wide range of measures and activities from more basic and general rehabilitation to goal-oriented activities for instance vocational rehabilitation.'

SA OuaiIfications Framework (SAGA)

(see ECD Policy)

Social services

Social services is a collective term for services within the health, welfare and education sectors.

Special Needs Education

Special Needs Education focuses on the education system and its ability to accommodate learners with different special needs (social model), and refers to the education of learners with a wide range of educational needs of a specialised nature. It includes:

1. learners who require psychological and educational guidance, career and counselling services and life-skills:
2. learners with sensory, physical and neurological disabilities;
3. learners with varying degrees of mental disabilities;
4. learners with emotional and/or behavioural difficulties;
5. learners with severe developmental and health disturbances;
6. learners with speech and language difficulties;
7. disadvantaged learners (in poverty, suffering from chronic malnutrition, street children);
8. learners with general and specific learning disabilities;
9. gifted and talented learners.

Support services

Any device, mechanism or strategy that lessens or limits the handicap and enables people with disabilities to maintain their dignity and to live independent lives within their communities. It could include personal assistance services (PAS), assistive devices and specialised equipment.

Vocational rehabilitation

'That part of the continuous and co-ordinated process of rehabilitation which involves the provision of those vocational services, e.g. vocational guidance, vocational training and selective placement, designed to enable a disabled person to secure and retain suitable employment' (ILO Convention 159).

GLOSSARY OF ACRONYMS