Parliament petitioned to align proposed disability law with associated UN rights convention
By Nkosana Dlamini
Two disability rights activists, representing persons with disabilities and associated civic groups, have petitioned both parliament and government to align the Persons with Disabilities Bill with the Convention on the Rights of Persons with Disabilities (CRPD), among other demands.
The petition by Nokutenda Muzuva, a Harare resident and Tsepang Nare, who is based in Bulawayo, was co-signed by 3,063 people countrywide.
It was presented to parliament on Monday by Muzuva who was accompanied by fellow activists Suzgo Mumba, Precious Chakuma, Nomatter Nyatsanga, Paul Gumbo, Philbert Musanhu and Benina Tsuro.
In the petition, the activists bemoan government’s half-hearted efforts to uplift and strengthen the rights of persons with disabilities in the country.
Petitioners are calling for the “harmonisation of the country’s laws, policies, and programs with the Convention on the Rights of Persons with Disabilities’ standards, ensures the protection and promotion of rights of persons with disabilities across all aspects of life including through legislation”.
Zimbabwe ratified the Convention on the Rights of Persons with disabilities and its Optional Protocol on 23 September 2013.
The Convention aims 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 inherent dignity. It came into force on 3 May 2008.
In the petition, the activists also outline a number of demands from Zimbabwean authorities which include ensuring meaningful engagement with representative groups and parliamentarians in order to amplify their voices as well as the operationalisation of a proposed financing model that will be integral to the promotion of the marginalised population’s rights.
READ FULL PETITION BELOW:
DEMAND FOR ALIGNMENTOFTHEPERSONSWITHDISABILITIESBILLTOTHE
CONVENTIONONTHERIGHTSOFPERSONSWITHDISABILITIES(CRPD)
The Petition of the Undersigned:
I, Nokutenda F. S. Muzuva, ID No. 59-158745H43 residing at 4258 Unit D Seke Chitungwiza, and I, Tsepang T. Nare, ID No 28-2005499Q28 residing at 521 Emakhandeni P. O Entumbane, representing persons with disabilities and Civil Society Organisations working with persons with disabilities hereby express our profound concerns regarding the recent adoption of proposed amendments to the Persons with Disabilities Bill (H.B, 2 2023) in the National Assembly on Tuesday 1 April 2025.
Respectfully shows:
That your Petitioners: Being citizens of Zimbabwe
RECOGNISING that Section 149(1) of the Constitution of Zimbabwe provides for citizens the right to petition Parliament “to consider any matter within its authority,
including the enactment, amendment or repeal of legislation;
COGNISANT that Zimbabwe ratified the Convention on the Rights of Persons with disabilities and it’s Optional Protocol on 23 September 2013;
AWARE that after ratification, the process that follows is the domestication of an international treaty in order to be binding as outlined in Section 327 of the Constitution of Zimbabwe;
CONSCIOUS of the fact that Article 4(a) and 4(b) of the Convention on the Rights of Persons with Disabilities state that; “State Parties adopt all appropriate legislative measures to implement the rights recognised in this Convention” and that “State Parties take all appropriate measures including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination
against persons with disabilities;”
NOTING that Zimbabwe through it’s Universal Periodic Review of 2022 made a public commitment to align the Persons with disabilities bill to both the Convention and the Constitution of the land, and that this would facilitate institution of necessary
legislative reforms resulting in the repeal of the current Disabled Persons Act; MINDFUL that harmonization of the country’s laws, policies, and programs with the Convention on the Rights of Persons with Disabilities’ standards, ensures the protection and promotion of rights of persons with disabilities across all aspects of life including through legislation;
ACKNOWLEDGING the key milestones taken by the second republic under the visionary leadership of His Excellency the President, Dr. Emmerson D. Mnangagwa in the promotion of a disability friendly environment and fostering a whole of
government approach has resulted in the launch of the National Disability Policy on 9 June 2021 and subsequent launch of the Costed Action Plan on 21 March 2025;
RECOGNISING that the successful enforcement and Operationalization of the Persons with Disabilities Bill is hinged on Article 33 of the Convention on the Rights of Persons with Disabilities which states that, “ State Parties to establish
independent mechanisms to promote, protect and monitor the implementation of the Convention;”
WORRIED by the shift from the establishment of a Commission for persons with disabilities to a National Disability Affairs Board. This represents a significant regression in our efforts to align Zimbabwean legislation with international best
practices, particularly the United Nations Convention on the Rights of Persons with Disabilities. The Commission, as originally proposed, held the potential for greater authority and effectiveness in monitoring the promotion and protection of the rights of persons with disabilities as it provided. However, as things stand, not only is the proposed structure a replica of the ineffective Disabled Persons Act but it is further
entrenchment of a system enabling continued violation of disability rights due to limited operational scope;
CONCERNED by the disregard of views shared by persons with disabilities and their representative organisations during Public consultations as guided by Section (141) of the Constitution of Zimbabwe whose report was presented by the Portfolio
Committee of Public Service, Labour and Social Welfare. The decision to replace the Commission with a Board limits autonomy, independence, overarching oversight
across government’s institutions and non-state actors, and the ability for the chosen structure to decentralize thus reaching out to the underserved members of the community. This also results in failure to foster meaningful participation and
guarantee enjoyment of rights and fundamental freedoms. Article 4(3) of the Convention on the Rights of Persons with disabilities states that ” In the development and implementation of legislation and policies to implement the present Convention, and in other decision making processes concerning issues
relating to persons with disabilities, States Parties shall closely consult with and actively involved persons with disabilities including children with disabilities through their representative organisations “. The bill also does not include state obligations
and remedies which are opposed to the aspirations of persons with disabilities and organizations of and for persons with disabilities.
PERTURBED by the proposed organisational structure, composition and proposed reporting framework that limits independent oversight to ensure promotion, protection, respect and fulfilment of disability rights. The deviation from the bill’s
foundational principles endorsed by Cabinet which are to Repeal the Current Disabled Act and Establishing a Commission.
Failure to clearly outline state commitments to ensure rights such as Accessibility, Education, Health, Independent
Living and social protection, and Political Rights are enjoyed.
NOWTHEREFORE,yourpetitionersbeseechtheSpeakerofParlia
ment,Ministerof Public Service, Labour and Social Welfare &Minister of Justice, Legal and Parliamentary Affairs to
- Consider the reinstatement of the Commission as a semi-autonomous structure established by a statute as this was originally supported following extensive consultations with people with disabilities and their Organisations
during Public consultations and is also referenced by the report tabled before Parliament. This is also guided by the international treaty which distinguishes such a structure as a monitoring framework. - Ensure meaningful Engagement and an inclusive process of engagement with representatives of Organisations of Persons with Disabilities (OPDs) and parliamentary representatives in order to meaningfully negotiate and jointly review the proposals with an aim to reposition Zimbabwe as a leading Champion of Disability Rights asit isknowntobethefirstworldovertohave
aprogressivepieceoflegislation(1992DisabledPersonsAct). - Operationalization of a Disability Public FinanceModel aswe urge the
parliamenttoviewthisasaprocesstodevelopanequitablefinancingmodel
throughtheharmonizationof theNationalDisabilityPolicyandthePersons
withdisabilitiesbill throughinclusionofaDisabilitylevyalreadyproposedin
thepolicyunderArticle4.1whichcanbebettermanagedbytheCommission
thusleadingtotheOperationalizationofthispublicFinancemodeldedicated
towardsthepromotionofdisabilityrights. - Align the UNCRPDwith the ProposedDisability Law to ensure that the
PersonswithdisabilitiesBill, as itpasses itsfinal formfullyalignswiththe
principles and provisions of theUNCRPD in order to influence inclusive
disabilitydevelopment inlinewithSustainableDevelopmentGoals,National
DevelopmentStrategy1&2.Thiswillenhancetheimageof thenationand
Statecommitmentswillensurefullenjoymentofrights.
It is the petitioners prayer that the strengthening of disability rights and the
establishmentofarobustandindependentcoordinatingandmonitoringframework
isessentialforadvancingrightsandmeaningful inclusionofpersonswithdisabilities
inZimbabwe
WHEREFOREyourpetitionerspray that yourHonourableHousewill bepleasedto
takeourcaseintofavourableconsideration,andgrantanyothersuchreliefasitmay
deemfit,
ANDyourpetitioners,asindutybound,willforeverpray.
FULLNAMES…………………………………………………………………
SIGNATURE…………………………………………………………………
DATEDATHARARE,THIS……………DAYOFMAY202
