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Articles & Poetry
"Braille Transcription in
Pakistan a Unique Programme in the World"
(By Mr. Shahid
Ahmed Memon, Chairman PDF)
"Independence & Information Technology for
Disabled"
(By Mr. Khalid
Hussain Bhatti, Chairman PDF, Islamabad)
"The Development of Intellectuality of a
Blind needs Inclusion"
(By Mr. Shahid
Ahmed Memon, Chairman PDF)
DISABILITY LAW AFTER CONFILICT (Brief abstract
of the topic)
(By Professor Shahid Ahmed Memon Chairman Pakistan Disabled
Foundation)
DISABILITY LAW AFTER CONFILICT
(Brief abstract of the topic)
(By Professor Shahid Ahmed Memon Chairman Pakistan Disabled
Foundation)
This paper presented in a seminar at university of law, Washington
The Honorable President;
And Dear Participants.
It is a matter of great honour and pleasure for me to express my views
on the basis of practical experience and knowledge on the topic
“Disability Law after Conflict” in such a learned gathering.
Keeping in mind the purpose and nature of the subject under
discussion, I don’t consider it important and advisable to go into the
physical and medical nature of the term “Disability” as it has been
already well defined in almost all the related documents produced by
UN Agencies and in Act of Disabilities in different countries
including USA and Pakistan. As such I will keep myself confined to the
effectiveness of “Disability” both in negative and positive sense.
Apparently the topic seems to be very simple but when we study it in
the perspective of prevailing situation around the world the topic
becomes quite important and deserves to be explained analytically. As
such initially all the leading words of the topic, creating effective
impact, are being described briefly to get the real picture of the
applicable situation.
1. DISABILITY: -
In spite of a lot of
painful effect, the disability in common sense is quite understandable
and seems acknowledgeable without any complications. As getting
without any introduction mostly all the normal citizen can easily
recognize encountering person with disability due to his/her
disability but when disability comes into question regarding the
admissive facilities, securities, priorities and otherwise, the
disability becomes typical enough to be understand according to the
related laws and creates complications and conflict on the basis of
nature, size of the disability and the situation in which disability
occurred. In addition the reason and the environmental background of
the disability and so on. All the foresaid aspects are being covered
in the detailed paper to determine their adverse effect upon practical
situation. As we know the rights and previliges ensured by the
different laws and acts for instance: -
The fact that disability will be taken into account by government will
“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” (Reference, The UN General
Assembly adopted the new treaty on the 13th December 2006).
The work of the Disability Law Centre focuses on four long-range
goals: -
1. People with disabilities will be free from abuse and neglect.
2. People with disabilities will have received appropriate services.
3. People with disabilities will be free from discrimination.
4. People with disabilities will have equal employment opportunities.
(References, Disability Law Centre “Our Goals”).
The ADA prohibits discrimination on the basis of disability in
employment, state and local government, public accommodations,
commercial facilities, transportation, and telecommunications. It also
applies to the United States Congress. (References, A Guide to
Disability Rights Laws “American with Disabilities Act (ADA)”).
Every employer shall maintain such record in relation to the person
with disability employed in his establishment in such form and in such
manner as may be prescribed by the appropriate Government.
The records maintained under sub-section (1) shall be open to
inspection at all reasonable hours by such persons as may be
authorized in this behalf by general or special order by the
appropriate Government. (References, PWD ACT, 1995 THE PERSONS WITH
DISABILITIES, “Chapter VI EMPLOYMENT”).
The provisions of the accessibility code shall apply to the
construction, addition and alteration of all new as well as existing
buildings, structures, facilities, premises and areas which are owned,
occupied and managed by the Federal, Provincial and Local Governments;
and privately owned public service buildings for which an application
for approval of building plans, and issuance of permission for
construction, addition or alteration by building control and
regularity authorities is required and regulated. (References, The
Accessibility Code of Pakistan “Section 1.2 Scope”).
In the context of the United Nations Standard Rules, preconditions,
required to ensure equal participation of persons with disabilities,
the National Policy for Persons with Disabilities – 2002 strongly
addresses the need to raise awareness, ensure rehabilitation of
special persons and provide support services to them, Also in line
with the implementation measures suggested by the UN Standard Rules,
the National Plan of Action – 2006 stresses access, inclusion and
equalization of opportunities for Persons with Disabilities.
(References, Design Manual & Guidelines for Accessibility “Foreword by
Zobaida Jalal, Minister Social Welfare and Special Education”).
In spite of the fact that all the documents based on the laws, rules
and regulations, have well defined and determined the rights and
previliges of the PWDs, even then the controversies arise at the stage
of practical implementation. Mostly in developing countries like ours
only due to the commercial reasons, the facility and rights providers
feel difficulty to understand the justification of clamant about
referred disability by having the support of the ambiguities and
interpretations. Problem like that is often phased in developed
countries having reasonable arrangement of monitoring and punishment
against the violation, why it is so? Only may be due to the drawbacks
of existing laws and regulations or may be due to the non realization
of the spirit and purpose of the law. The situation become more
complicated and un-applicable when in case of emergency, suddenly
arising disability has no provision in the law and practice to get
recognized for remedial
attention and actions. As such we will have to review the role of
laws, its sphere of action and its complications.
2. LAWS: -
Generally;
constitutional provisions, Laws, Byelaws, Rules and Regulations are
formulated and enforce to facilitate the system of life specially in
case where situation because of different issues needs to be clarified
not only on the basis of traditional and cultural customs but on the
basis of well protected rules, regulations, laws and byelaws, all
these become mostly difficult to be applicable without proper
interpretation both of the laws and situation.
The interpretations sometimes help to get the matter simplify and
decisive but in many cases instead of removing misunderstandings,
ambiguities and confusion it further promote differences,
complications and conflicts which mostly tried to be solved by debates
on the basis of sub-clauses and alternate articles. When we go into
detail and if we want to have comfortably practical disability law
after conflict we will have to take care and remove before hand, all
the drawbacks of the legal provisions to meet out the requirement of
emergency, relief to the disabled persons due to the conflict and war
fair e.g.
Establishments in the transport section shall, within the limits of
their economic capacity and development for the benefit of persons
with disabilities. (References, PWD Act, 1995 THE PERSONS WITH
DISABILITIES “Chapter VIII NON-DISCRIMINATION”).
In this reference the wordings “within the limits of their economic
capacity” provides considerable flexibity to the authorities to
escape-out from the responsibility in the name of limited economic
capacity. In such a case there should be a law to judge and determine
the limitations of capacity otherwise no action on the basis of
prevailing conditional law can be claimed practically. Furthermore the
existing laws applies to the normal situation of disability having
systematic database arrangements to apply for.
But in case of emergency and suddenly occurring disability, there is
no law provision specially in our region to collect the information
and evidences on the emergency bases to avoid un-bearable consequences
of delaying practice. Mostly practice based routined staff having no
knowledge and training normally, deals with the emergency cases. As
such mostly no relief measure may be taken on the emergency basis.
That is why the relief aid couldn’t reach according to its capacity to
the disabled persons due to the last earthquake in the northern part
of Pakistan and AJK. Likewise in many other cases only due to the non
existence of Emergency Law and its implications the relief measures
couldn’t take place.
“The Americans with Disabilities Act (ADA) of 1990 requires that
emergency preparedness and response programs be accessible to people
with disabilities. But critics say there is currently no standardized
federal preparedness plan for disabled people, and many state and
local emergency management offices do not have appropriate plans in
place to account for special needs”. (References, DISABILITY LAW
“Disaster Preparedness and People with Disabilities”).
In case of conflict in spite of existence of ordinary law of emergency
even become helpless it means in case of conflict involving at-least
two parties, much more effective law to prevent the violation on the
basis of “Might is Right” is also needed to be develop.
3. AFTER CONFLICT: -
Even in normal
situation because of variations the disabled persons have to face a
lot of difficulties to prove themselves entitled of the admissive
facilities, securities, rights and previliges and sometimes in spite
of justification one has to loose his/her benefits due to the
non-satisfaction of the decision maker on the spot.
Above said situation becomes more important if the situation is not
normal but emergency due to the conflict and war fair. As we know the
emergency means urgent attention to the needy by bypassing the
routined rules and regulations to fulfill the formalities probably as
mentioned before. Due to the same, after first and second world war in
USA, in Europe and Japan several units and organizations immediately
came into being to look after the requirements of people with
disabilities due to the war on the basis of humanitarian ground. The
most painful aspect of the situation which was observed specially
during the 20th centuary is that, in addition to the rival groups the
administration responsible to provide immediate relief to the people
with disability due to the war fair, become party themselves. On the
basis of prejudices which will be included in detailed paper to get
the clear picture however people e.g. the innocent people victimized
in recent clashes in Hungo of Pakistan, Gaza Belt of Palestine and of
course in Gujrat of India and clashes in Kenya.
a. Hungo of Pakistan: -
The two religious groups were fighting each other that is why it was
difficult for the administration to control them with full of
sincerity and ability due to other side prejudices in the
administration same as in case of subsequent relief services to remedy
the suddenly occurred disability and sufferers ultimately remain
without emergency relief.
b. Gaza Belt of Palestine: -
Amongst two rival groups, one is very obviously strong enough to
prevent relief operation by forceful arrangement in spite of
overwhelming demand of the civilized society and consequently the
victimized population seems to be helpless having no way to receive
emergency relief on humanitarian ground. The situation like that again
emphasize the civil society to get the rival groups agreed at-least to
the urgently required emergency measures and that can not be achieved
only by the making laws. It will require to educate and motivate the
international society to regard the moral and humanitarian values and
violations of those would be considered the hostility against the
mankind.
c. Gujrat of India: -
In case of Gujrat’s conflict in India as it was published and observe
on media the amongst two rival groups one was supported by the state
government who was responsible to control and provide emergency
relief. In such a case stated victimized group found himself in
further danger to approach to the immediate concerned authority which
was resulted into further disaster because of not receiving duly
required relief. This is the another kind of conflict.
Moreover less same is applies to the recent clashes in Kenya.
The situation of war between two nations seems comparatively better
because each side has its own territorial authority to administer,
control and monitor the situation but in case like quoted above it
becomes mostly impossible to get even legal relief from the calamities
because of hostile and partial role of the controlling authority. The
victim of the situation because of hostile and discriminative
situation don’t like exposing themselves as peoples with disabilities
or so on. The Law after conflict has to cover the situation by
providing legal provisions for the interventions of the neutral forces
to play the role of human rights without any partiality and prejudices
commonly on the basis of cost creed, race and colors. Keeping in mind
the un-humanitarian situation of the rival groups the role and
importance of the disability law become more significant to ensure the
immediate relief to prevent and control the suddenly arising
disability due to the conflict. The affective legal tool has to be
developed to avoid all the lame excuses on the basis of interpretation
pro-longing the situation by not caring the emergency and immediate
relief. The one more important aspect of the enforced law should be
uniformity in practice irrespect of super and non super powers. No
“Might is Right” provision should be allowed to be protected for any
reasons.
Another important aspect of the whole situation is in the hands of
country and state governments furthermore a large part of the world
i.e. IIIrd world belonging to the developing countries comprised of
80% population of the Disabled Community. As it has been emphasizely
mentioned in UN convention’s declaration that: -
“The fact that disability will be taken into account by governments
will ‘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 is estimated that people with disabilities represent around 10% of
the population worldwide, with 70 to 80 % of them living in developing
countries. But above all, disabled people have to face discrimination,
which has an influence on all aspects of life”. (Reference, The UN
General Assembly adopted the new treaty on the 13th December 2006).
No doubt UN and other international agencies have produced very
comprehensive and beautiful documents for the implementation of the
governments in the world. But apart from the lacking and
non-compliance of the developed world particularly developing
countries representing 80% are found themselves incompetent enough,
may be due to their historical, traditional, political, most important
economical and cultural backgrounds, to fulfill their national
responsibilities reasonably to implement the documents recognized by
the agencies like UN. Unfortunately UN by virtue of its composed
situation is unable to develop conclusive and effective mechanism to
influence comfortably to the concerned governments. Rather in practice
UN Agencies are found compelled to compromise with the member
countries governments which mostly defused the pressure upon the
governments by the self help movements of the disabled themselves.
That is why as a matter of principle it is
being recognized to realize the role of self help organizations as
Pressure Group. In my opinion because of its importance from the
implementing point of view the role of self help movement be given
legal protection even for the emergency before or after the conflict
that will help to facilitate and accelerate the relief operation to
reasonable extent.
4. SERIOUSSNESS OF THE SITUATION BEYOND THE LAW: -
The study of the war fair during last few decades witness the
lawlessness of the powerful partner of the conflict, in its own
interest all the legal and humanitarian rules and regulations and well
recognized moral values are absolutely ignored. In such a case in
spite of proper law and legal provision the victimized peoples i.e.
peoples with disabilities found unable to reach to the relieve
arrangements themselves and in some cases relief organizations
including UN Agencies helpless to provide emergency, medical and
otherwise treatment and other facilities admissible to them as a
matter of general principle and practice. Few examples together with
the legal provisions are being quoted briefly for ready reference.
As we come to know that because of dangerous, non-cooperative and
un-fair behavior of the authorities concerned in early days after
Afghan & Iraq war, including UN Agencies in spite of their legal and
humanitarian recognized status they were un-pleasantly compelled to
stop their relief activities together with supply of Food, Water &
Medicine as a emergency relief and treatment to the suddenly occurred
people with disabilities.
Anyhow it is the responsibility of the leaders of the civil society in
collaboration with the legal and human right experts launched a
serious campaign to explore the legal means and ways to control the
violation of the needs of emergency and humanitarian laws on the basis
of “Might is Right” by neglecting the opinion of world wide majority.
Anyhow by the grace of Almighty Allah and in the light of the last 50
years history of the Disabled Community I am optimist and foresee the
satisfactory advancement in the field of disability as I know from my
personal experience that during my studentship after successful strike
we were comfortable to get recognize a meager like 1/3rd of a Rupee as
compensation in absence of work in the workshop. Now a lot of disabled
persons have got very reputable job with handsome salaries, getting
marriage and enjoying the benefits of complete family life like other
fellow citizen. Therefore in spite of negligence discrimination,
prejudices and non-recognition in certain areas, Insha Allah people
with disabilities, by the passage of time will lead the normal society
in a key position.
Thanking You.
"Braille Transcription in Pakistan a Unique Programme in the World"
(By Mr. Shahid Ahmed
Memon, Chairman PDF)
The Braille System of
reading and writing specially for blind is very common in every part
of the world almost and Braille transcription to produce Braille
material manually as also being introduced to cover the individual and
collective need of the blind readers comprising of teachers, students
and others.
The collective programmes
under the GO’s and NGO’s for Braille transcription in different
respective languages are going on through private arrangements other
than already prevailing educational system particularly in the
developed countries and of course in some of the developing countries.
The Braille transcription in Pakistan specially in Karachi has been
introduced on a scientific line as an optional/elective subject like
other ordinary subjects for example Social Studies, Sociology,
Geography, Psychology and Economics Etc for the regular sighted
students of different levels of schools, Intermediate Colleges and
Universities colleges as well. Students have to learn rules and
regulation of Braille transcription as theory and Braille
transcription itself as practical and have to pass the annual theory
and practical examination like other subjects. Through this programme
hundred of junior Braille transcribers with of skills have been
trained and this scientifically motivated young generation during last
thirty years have contributed the cause of welfare of the blind in
many ways of different walks of life because of additionally gained
knowledge regarding the problems, requirements, achievements and
potentiality of the blind and disabled persons. They are now enjoying
the engagements of their practical life even than in some ways they
are direct or indirect attached with the work for the blind.
This unique programme was
introduced by the initiation of Dr. Fatima Shah the founder president
of Pakistan Association of the Blind along with re-known
educationalist like Ms. Safia Khan of New Town School Karachi, Mrs.
Amina Majeed Malik of PECHS College, Mrs. Mryem Farooqi of Happy Home
School and some others. This programme was strengthened and promoted
at later stage by Mrs. Reta Saddiqui, Professor Budruddin, Professor
Basheer Saddiqui, Mr. Younus Jhangeeri and He Myself Shahid Memon.
The programme was visited
and appreciated by the international representative and dignitaries of
the field of blindness like Mr. Duncan Watson of RNIB (the then
President of WBU) of UK, Mr. Husveg of Norwegian Association /European
Blind Union. Mr. W. Estien Representative of CBM Germany. Mr. Pedro
Zurita Secretary General of World Blind Union (WBU) from Spain. Dr.
David Blyth of Australia the then President of WBU. Specially NABP of
Norway, CBM of Germany and Hong Kong then President of WBU, specially
NABP of Norway, CMB of Germany and Hong Kong Association of the Blind.
Supported this programme by providing equipments.
When we consider our
Braille transcription programme as an unique one, we mean to say that
the Braille transcription, as far as my knowledge is concerned through
personal visits to the biggest Braille Transcription center in various
part of the world like London, New York, Baltimore, Chicago, Boston,
Washington, Toronto, Paris, Berlin, Frankfurt, Rome, Madrid, Oslo,
Coupon Hagen, Tokyo, Melbourne, Auckland, Marbuerg, Beijing, Colombo,
New Delhi, Manila, Indonesia, Cairo, Seoul, Hong Kong, Singapore,
Kuala Lumpur, Bangkok, Riyadh and so many others. Braille
Transcription has not been introduced any where as one of the subjects
of normal education like Pakistan which has effectively promoted the
social integration and better understanding amongst the young
generation and their families towards the needs, problems,
achievements and capabilities of the disabled community specially of
the blind.
The
introduction Braille in normal education system has provided
opportunity to the blind teachers as the part of normal education on
one hand which created and promoted knowledge and confidence among the
young students and trainees about the competency and capacity of a
blind teachers and on the others it open the door of employment for
blind teachers to be the part of normal educational system as a
teacher and lecturers of ordinary subjects for ordinary students
which result ---employment of several teachers and lecturers in
ordinary educational system which is considered commendable
achievements towards the promotion of integration and inclusion.
"Independence & Information Technology for Disabled"
(by Mr. Khalid Hussain
Bhattti, Chairman PDF, Islamabad)
Access to knowledge
through information technology with the help of adoptive software’s &
hardware’s became a common facility for Visually Impaired, Deaf &
Physically Handicapped. As they need not to depend on getting physical
access to information like literature academic or entertainment
nature. Today the adoptive hardware’s for computer & especially
designed devices like CD rams, Braille made (Key Board), refreshable
Braille displays & screen reading software’s/magnification software’s.
Screen magnification, have broad enormous opportunities for Person
with Disabilities (PWDs) to acquire maximum knowledge without making
long travels to book shops libraries academic institution &
universities.
If you have a multimedia
PC you can load any adoptive software’s to help, by getting access
through internet & reading or displaying the information available
online on the websites of universities & academic institutions on
service providers, it will enable you to complete your tasks easily to
acquire information you may need. You can browse through book on
topics of your interest learn/earn about your carrier & to earn
living, even in role to improve your academic qualification in
university or institution of distance learning.
The
problem to avail this facility is that such kind of technology is
generally very expensive due to having limited market. This does not
allow mass production which can help reducing the cost & thus make
piece of equipment & software’s within the purchasing power of
disabled persons belonging to middle class. Besides all these hard
facts, today information technology & computers are the most favorable
means of opportunity to help the disabled person in making their life
better through education training job placement & passing leisure time
as well as improving education & knowledge.
"The Development of Intellectuality of a Blind needs Inclusion"
(By
Mr. Shahid Ahmed Memon, Chairman PDF)
Presented in : Planning Session-1, of National Conference on Special
Education, 26th & 27th of March 2007
Organized by : Department of Special Education,
Venue : University of Punjab, Lahore - Pakistan.
Al-Hamdo
Lillah now society has been motivated enough to realize the really
required majors towards the training, education, rehabilitation and
social adjustment for the disabled community including blind. The
selection of my topic is also one of the same. Dear colleagues, before
reaching to the direct and conclusive expression about the topic it is
considered important and logical to analyze and explain the leading
worlds i.e. components of the topic at least to some extent. The focal
component i.e. a blind person: as we know that a person who cannot see
the things around him and to certain distance by sense of vision is
considered visually impaired. According to this definition a blind
person is definitely lacking and effective power which doesn’t allow a
blind person to observe and gain knowledge in a very first glance
about the things around him. On the contrary, a sighted person can
avail the benefit of learning capacity of the vision which is
considered a great source of direct learning through the natural
process. To cover this enormous lacking a number of additional
techniques and steps have to be adopted through institutional and
otherwise sources of learning beyond the institution, to make a blind
person equally contributing and sharing citizen of the society. To
achieve this prime goal of integration, the experts of the field
require to select one of the different system and method already
introduced for the education of the visually handicapped. Before
proceeding further the other component i.e. development of
intellectuality deserves brief explanation and clarification to move
forward. The development of intellectuality is a later stage
refining the knowledge and education by using all means of extra
institutional learning process including social re-creational,
natural, cultural and religious. In the light of the above explained
limitations of a blind person to acquire knowledge through
institutionalize system, it is very difficult to develop the wisdom
and intellectuality by availing the limited facilities and
atmosphere within the four boundaries of an institution. As such we
are compelled to find other option through which, again we may be able
to avail all the possible opportunities and resources available to the
normal citizen for the gaining of knowledge and promotion of
intellectuality. Here we need to think over another important
component of the topic that is inclusion. According to the consensus
of the analyzation of all the suggested solutions of the problems of a
blind/disabled community, specially from the point of view of self
help movement, the social integration is the only practical and
fruitful solution of the most of the social, cultural and otherwise
problem faced by the disabled community to contribute as a normal
citizen and to enjoy equally the socio economic status by playing
active role in all walks of life according to the situation and
status. The international study in the field further describes that
the purpose of social integration cannot be achieved until barrier
free participation of the disabled specially of a blind is not
ensured. To ensure the full, free and equal participation as per
requirement, society will have to be really accessible in all respect
so that blind community can join the society by availing all
facilities to play its role in all the social institutions which are
the grater college of knowledge, promotion and development of
intellectuality. The study further identify that there are two main
aspect of the issue to be attended and addressed equally and
simultaneously to provide the accessible environment for development
of intellectuality for the blind. First to allow a blind person to get
himself trained and educated enough to encounter the ill effects of
the limitation and ill approaches due to the blindness. Second to
developed the society on the basis of inclusion by providing friendly
environment and attitude so that a trained and socially educated blind
person can play his/her role confidently and comfortably as a
contributing members of the society. The prevailing history of blind
community with special reference to the education system, tells us
that those blind citizens who are trained and educated only in the
four walls of special centers, cannot comfortably encounter the
hesitation to face the ordinary society because they are not
accustomed and familiar to that extent. While other who completed
their education and training through the ordinary system by stream
lining themselves, are comparatively much confident and practical to
play their role as the equal citizens and are enjoying the life as a
equal partner and social life as well. Therefore it is consider
advisable to suggest that on one hand we should arrange the
institutional and educational facilities for the blind children and
on the other we should encourage them to involve themselves socially,
culturally, naturally and otherwise in the society so they can avoid
the hesitation due to the ill approaches and un-healthy tendency.
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