02/23/08: Legislation and the Disabled, a Road not Traveled in T&T
Category: Speak Out
Following is an article that I wrote in August 2007 that clearly illustrates the core problem for persons with disabilities in Trinidad and Tobago. Since this article was written Trinidad and Tobago signed on to the United Nations Convention on persons with disabilities on September 27, 2007. It should be noted, however, that the protocols to the convention were not signed and of this blog post, February 23, 2008, the signed Convention has not been ratified by the Parliament.
The struggle for equality continues…
The Problem as it Exists Today August 31, 2007
The laws of Trinidad and Tobago are devoid of any recognition of persons with disabilities. The constitution, perhaps the nation’s most sacred document that enshrines the rights, privileges, and the legitimacy of the citizen, in its 12 chapters and 143 sections, does not make any reference to the differently able.
In addition, there are no statutes either prohibiting discrimination on the basis of disability or mandating equal access for the disabled to the political process, employment, education, transportation, housing, health care, and other citizen services.
In Trinidad and Tobago we have a Dogs Act and there is even a Mongoose Act but there is as yet no Disability Act. The only significant mention of the disabled in law has to do with the distribution of welfare.
On December 13, 2006 United Nations resolution A/RES/61/106the Convention on the Rights of Persons with Disabilities was adopted. It was the fastest negotiated human rights instrument in history. On March 30, 2007, the convention was released for signatures. A record 81 countries and the European Union signed on to the convention. Our regional neighbor Jamaica, not only signed the treaty on that day, but was the first country in the world to ratify the convention and adopt it as law.
To date 102 countries have signed the Convention on the Rights of Persons with Disabilities including Barbados, Cuba, and Guyana. However, the United Nations has recorded Trinidad and Tobago as taking no action.
Over the past 4 years the government has made some important progress in treating with the issues of the differently able. There is a government policy on persons with disabilities. The Ministry of Education has started to adopt new attitudes and policies regarding inclusive education. In 2003 the government made a heavy investment in assistive technology to accommodate persons with disabilities at the nation’s libraries. The Ministry of Labor is experimenting with approaches to provide on the job training to the disabled. The ministry of Transportation has purchased busses to accommodate the needs of persons with disabilities. These are all important steps that have to be taken along the way to providing the disabled with full rights and services, but laws recognizing the rights of the disabled in Trinidad and Tobago are woefully lacking and so very far behind those of developed countries and even under developed countries as well.
Legislative Recommendations
The Torres Foundation hereby would like to submit the following 5 legislative recommendations for consideration:
1. The Rights Enshrined paragraph of the constitution, Chapter 1 Part (I), needs to be modified to include the disabled. It currently says,
“It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without discrimination by reason of
race, origin, colour, religion or sex, the following fundamental human rights and freedoms…”
It should be modified to say…
“It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without discrimination by reason of
Disability, race, origin, colour, religion or sex, the following fundamental human rights and freedoms…”
This modification would be a small but very powerful and historic act that would immediately recognize and enfranchise tens of thousands of disabled citizens.
2. The Republic of Trinidad and Tobago should sign and ratify both the United Nations Convention on the Rights of Persons with Disabilities and the Protocols to the Convention. This treaty will provide an international framework for developing national policies, regulations, and legislation for the differently able. The Protocol to the Convention provides individuals and organizations recourse to an international body of disability experts when all national options have been exhausted.
3. The Parliament needs to pass a Trinidad and Tobago Disabilities Act. The Act will provide a powerful legal mechanism for regulating inter alia education, employment, rehabilitation, transportation, as well as physical and electronic accessibility for persons with disabilities.
4. All Existing legislation must be carefully reviewed to make a determination as to whether they discriminate against persons with disabilities or impact the disabled in any negative way.
5. The various acts of law that govern Trinidad and Tobago should be modified to insure that the needs of the disabled are adequately recognized and accommodated. For example, the Customs Act should be amended to remove all taxes and duties for assistive technology products purchased by the disabled locally or imported into the country in the same way that computers are exempted. All the various acts that regulate telecommunications and information communication technology should include sections that regulate electronic accessibility for the differently able.
A commission made up of business, government and NGO stakeholders should be established in order to drive these various initiatives.
The struggle for equality continues…
The Problem as it Exists Today August 31, 2007
The laws of Trinidad and Tobago are devoid of any recognition of persons with disabilities. The constitution, perhaps the nation’s most sacred document that enshrines the rights, privileges, and the legitimacy of the citizen, in its 12 chapters and 143 sections, does not make any reference to the differently able.
In addition, there are no statutes either prohibiting discrimination on the basis of disability or mandating equal access for the disabled to the political process, employment, education, transportation, housing, health care, and other citizen services.
In Trinidad and Tobago we have a Dogs Act and there is even a Mongoose Act but there is as yet no Disability Act. The only significant mention of the disabled in law has to do with the distribution of welfare.
On December 13, 2006 United Nations resolution A/RES/61/106the Convention on the Rights of Persons with Disabilities was adopted. It was the fastest negotiated human rights instrument in history. On March 30, 2007, the convention was released for signatures. A record 81 countries and the European Union signed on to the convention. Our regional neighbor Jamaica, not only signed the treaty on that day, but was the first country in the world to ratify the convention and adopt it as law.
To date 102 countries have signed the Convention on the Rights of Persons with Disabilities including Barbados, Cuba, and Guyana. However, the United Nations has recorded Trinidad and Tobago as taking no action.
Over the past 4 years the government has made some important progress in treating with the issues of the differently able. There is a government policy on persons with disabilities. The Ministry of Education has started to adopt new attitudes and policies regarding inclusive education. In 2003 the government made a heavy investment in assistive technology to accommodate persons with disabilities at the nation’s libraries. The Ministry of Labor is experimenting with approaches to provide on the job training to the disabled. The ministry of Transportation has purchased busses to accommodate the needs of persons with disabilities. These are all important steps that have to be taken along the way to providing the disabled with full rights and services, but laws recognizing the rights of the disabled in Trinidad and Tobago are woefully lacking and so very far behind those of developed countries and even under developed countries as well.
Legislative Recommendations
The Torres Foundation hereby would like to submit the following 5 legislative recommendations for consideration:
1. The Rights Enshrined paragraph of the constitution, Chapter 1 Part (I), needs to be modified to include the disabled. It currently says,
“It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without discrimination by reason of
race, origin, colour, religion or sex, the following fundamental human rights and freedoms…”
It should be modified to say…
“It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without discrimination by reason of
Disability, race, origin, colour, religion or sex, the following fundamental human rights and freedoms…”
This modification would be a small but very powerful and historic act that would immediately recognize and enfranchise tens of thousands of disabled citizens.
2. The Republic of Trinidad and Tobago should sign and ratify both the United Nations Convention on the Rights of Persons with Disabilities and the Protocols to the Convention. This treaty will provide an international framework for developing national policies, regulations, and legislation for the differently able. The Protocol to the Convention provides individuals and organizations recourse to an international body of disability experts when all national options have been exhausted.
3. The Parliament needs to pass a Trinidad and Tobago Disabilities Act. The Act will provide a powerful legal mechanism for regulating inter alia education, employment, rehabilitation, transportation, as well as physical and electronic accessibility for persons with disabilities.
4. All Existing legislation must be carefully reviewed to make a determination as to whether they discriminate against persons with disabilities or impact the disabled in any negative way.
5. The various acts of law that govern Trinidad and Tobago should be modified to insure that the needs of the disabled are adequately recognized and accommodated. For example, the Customs Act should be amended to remove all taxes and duties for assistive technology products purchased by the disabled locally or imported into the country in the same way that computers are exempted. All the various acts that regulate telecommunications and information communication technology should include sections that regulate electronic accessibility for the differently able.
A commission made up of business, government and NGO stakeholders should be established in order to drive these various initiatives.
