A presentation By: Mohammed AQ Abu Zayed, PhDBirzeit University / Palestine

International Seminar Amman, Jordan 7 – 11 december 2009

© Handicap International About me

MAP of Palestine

Selected Stats

Population of Palestine

Population of PWD in Palestine

Estimated # of Disabled in West Bank Estimated # of Disabled in GAZA

3.5% of population /83,000 4% of population / 60,000

• Other sources put the total number of Palestians with disability at 150,000; with 70,000 in GAZA.

• In 2003 the total number of PWD was put 109,000.

Key Facts about the Disabled in Palestine The percentage of PWD in Palestine can

be considered one of the highest (if not the highest) in the world. It is estimated at 3.5% in the West Bank and goes up in Gaza to 4% (or about 70,000).

It is also estimated that 4% of the total Palestinian population suffers from various types of disabilities (physical, mental, and/or multiple).

Key Facts about the Disabled in Palestine Keep in mind that a significant % of these

disabilities are acquired due to political, economic, and social reasons.

As a result of the political turmoil in the region many Palestinians have died, have been injured, and/or became disabled. According to a report by “Miftah” it is

estimated that between 2000-2006 more than 15,000 people have become disabled.

The latest war on GAZA caused 600 people to become disabled.

It is also estimated that 50% of GAZAN children suffer from anaemia.

Percentage Distribution of Persons With Disability by Type of Disability and Selected Background Characteristics, 2004

STATS

Type of Disability

Disabled persons

No. of personsSeeing Hearing Speaking

Hearing &

SpeakingMoving Mental Grasping

Mental & Moving

Multiple Other

Region                        

Palestinian Territory

18.7 6.0 8.3 5.0 29.8 13.6 3.9 2.6 11.7 0.4 1.7 33,247

West Bank 20.9 6.3 10.0 3.3 28.1 14.8 4.3 2.4 9.3 0.6 1.7 21,032

Gaza Strip 14.4 5.3 5.1 8.3 33.0 11.4 3.1 3.0 16.4 - 1.6 12,215

Type of Locality

                       

Urban 17.9 6.6 5.8 3.9 30.9 15.8 1.5 2.8 14.0 0.8 1.5 18,483

Rural 19.9 6.1 11.5 4.9 27.6 13.6 6.1 1.1 9.2 - 1.9 9,430

Camp 18.5 4.0 9.4 8.1 30.5 8.0 6.5 4.7 10.3 - 1.9 5,334

Sex                        

Males 16.9 5.7 9.0 6.2 30.9 12.5 5.0 2.9 10.9 - 2.0 16,850

Females 21.3 6.4 7.2 3.2 28.1 15.3 2.3 2.1 13.2 0.8 1.4 16,397

Age                        

0-4 6.4 3.6 10.2 3.5 52.9 9.2 - - 14.1 0.1 0.6 5,841

5-14 16.5 4.5 19.1 9.8 13.9 12.6 2.9 2.4 17.5 0.8 1.3 9,392

15-29 18.4 1.2 7.1 7.9 20.6 24.1 3.5 2.6 14.5 - 1.6 8,971

30-39 13.0 1.4 4.9 1.4 46.6 13.1 10.7 3.7 5.2 - 1.9 3,812

40-49 16.4 10.3 3.2 1.8 44.4 4.4 4.6 7.9 4.8 2.2 2.2 2,456

50-59 27.8 5.6 2.3 3.0 30.7 22.9 2.4 3.0 2.4 - 2.5 1,324

60+ 27.7 15.9 3.6 0.8 33.2 4.6 2.2 0.1 11.9 - 7.2 1,449

Governing Entities and relevant Stakeholders.

The Ministry of Social Welfare is the public agency that has the primary responsibility towards the PPWD.

Variety of other governmental partners assist in that such as the Ministry of Health, Ministry of Education, and Ministry Labor, etc.

A plethora of NGOs and charitable organizations exist.

There is also the PWD who represent and advocacy group, but is fairly weak.

Volunteers and grassroots advocacy groups and disability advocates.

LEGAL REVIEW

LAWS and REGULATIONS

Laws relating to Disability in Palestine Article 9 of the Basic Palestinian Law affirmed that all

Palestinians are equal in front of the law without any discrimination on the basis of disability.

Article 10 stressed for the Palestinian Authority (PA) to join any international to protect human rights, including those of the disabled.

Article 13 of the Labor Law for the year 2000 that the employer should hire at least 5% from the PWD population

Article 16 of the above prohibited any discrimination in Palestinian workplace.

Civil Service Law allowed hiring the blind or partially blind (as long as it does not interfere in their job).

Finally, in 1999 the Disability Law was en-acted.

PALESTINIAN DISABILITY LAW Established in the year 1999 and called Law # 4, this law outlines many

rights for the disabled and calls for equal treatment for them and integrating them into

society.

Article One: Definitions of key terms …

Article Two The disabled have the right to enjoy a free life, dignified living,

and various services in a manner equal to that of other citizens and he/she shall have the same rights and obligations that are within his/her capabilities It is not permissible to prevent any disabled from enjoying these rights because of his/her disability.

PALESTINIAN DISABILITY LAW Established in the year 1999 and called Law # 4, this

law outlines many rights for the disabled and calls for equal treatment

for them

Article Three The state shall guarantee the protection of the rights of the

disabled and shall facilitate their attainment The Ministry shall coordinate with the competent bodies to prepare an awareness program for the disabled a his/her family, and his/her local environment regarding the rights stipulated in this Law.

PALESTINIAN DISABILITY LAW Established in the year 1999 and called Law # 4, this law outlines many

rights for the disabled and calls for equal treatment for them and integrating them into society.

Article Four It’s permissible pursuant to this Law for the disabled to

establish their own organizations and societies,

Article Five 1. The state shall provide the disabled with rehabilitation in all

its forms in accordance with the requirements of the nature of the disability. The contribution of the disabled shall not exceed 25% of the expense.

2. The disabled shall be exempt from this contribution for resisting the occupation

PALESTINIAN DISABILITY LAW Article Six Pursuant to the provisions of the law, the following

shall be exempt from fees, customs, and taxes: 1. All medical and education equipment as well as aid

instruments, and transportation means necessary for the registered schools and organizations of the disabled.

2. Private transportation means for use by the disabled individuals.

Article Seven Pursuant to a request by the Ministry, government

agencies shall submit their annual reports and plans pertaining to the services provided by them to the disabled.

PALESTINIAN DISABILITY LAW

Article Eight Pursuant to the provisions of this Law, and in

coordination with the Ministry, the competent ministry shall issue and shall grant the technical licenses necessary for operating and practicing services, programs, and activities provided by the non-government sector to the disabled as well as to supervise them.

Article Nine The state shall set the regulations and limitations that

guarantee the right of the disabled to be protected against all forms of viojence1 exploitation, and discrimination.

Responsibilities for Providing Services Article Ten The Ministry (of Social Welfare) shall be in charge of coordination with all

relevant and competent bodies to secure the welfare and rehabilitation of the disabled in the following spheres:

In the social sphere. In the Health Sector. In the education sector . In the rehabilitation and occupational sphere. In the sphere of sports and leisure In the popular awareness sector

Article Eleven The state shall strive to incorporate sign language in the government

services and facilities.

Note: details on each sphere is provided

The Executive list

It outlines types and levels of disabilities. It details the rights and services that should

be afforded to the disabled, such as: The issuance of a Disability ID that entitles its

holder to enjoy a number of health, financial, and educational benefits.

Need for rehabilitation for PWD to integrate them into society.

Creating special establishments to employ PWD and provide rehabilitation opportunities for them.

It calls for providing awareness and educational programs and campaigns for PWD and their families, and society at large.

However, ...

The political situation and continued siege inhibits the Palestinians’ ability to implement the law related to people with disabilities (PWD), Law # 4 for the year 1999.

The above mentioned Law mandates that 5% of the workforce should come from PWD population in the various areas of work. However, this remains to be seen (the representation of PWD is only 2%).

The law also obliges the various governmental agencies to equip public (governmental) buildings to accommodate PWD; and that is far from being widely implemented.

ISSUES AND CHALLENGES

Facing the PPWD

Key Issues and Challenges

Like other PWD the struggle for the Palestinian disabled population covers the following domains: Social Stigma Marginalization Lack of Integration in various aspects of life Lack of autonomy and gaining control of

one’s life A lack of heard voice among the policy

makers.

Access to services for the PPWD

General Needs: Need for security

and feeling safe and Need for self

esteem and self respect

Need to feel a sense of justice and belonging.

The PPWD, like other PWD in this region suffer social stigmas around disability that marginalize their abilities;

They are treated with “pity” and many times made to believe they are not capable of succeeding.

This in turns becomes self-fulfilling prophecy.

The “Intifada disabled” feel they have been “forgotten.” by the system.

The need Status

Access to services for the PPWD

Special Needs: Physical needs, such

as physical treatment and rehabilitation; and the need for assistive devices.

Counselling and rehabilitation needs.

Educational and rehabilitation needs.

Training needs.

While some of these services maybe provided they are not at a sufficient level.

The lack of financial funds as well as the trained personnel make it virtually impossible to provide a suitable level of services.

Many times PWD fall way down on the priorities list of the government and various agencies that are struggling to provide basic services.

The need Status

Access to services for the PPWD

Social Needs: The need to connect with

the rest of society and to feel inclusion.

The need to receive accommodations where/when needed to help them lead normal lives.

The need to provide the needed technology to help PWD gain the education and knowledge that will allow to achieve and learn.

Once again, The services do not

measure up to the level that is needed quantitatively and/or qualitatively.

The mandates are there; the regulations exist but the implementation remains lacking.

The need Status

Access to services for the PPWD

Professional Needs: The need for early

education and training to help in the rehabilitation process.

Needs for special legislations to support such rights.

Need to integrate PWD in the workforce. This will empower them financially.

Though there are gains in this area, there still a need for improvement.

The hiring of PWD is still low (only 2% of the required 5%).

Not all public agencies are doing good job on hiring PWD.

The need Status

The Challenges?

There is a gap between what the state guarantees by law and what is actually being implemented.

There is a lack of access to services at the: The accommodation level. The empowerment level. The advocacy level.

The Challenges? Cont.

Access to services is complicated, takes long time, and very bureaucratic. (prioritizing disability does not work).

Services provided tend to be limited, simple, and focus only on limited aspects of rehabilitation and ignore the totality of needs of the PWD.

Sometimes services that are supposed to be provided by government is contracted out without much audit of their control.

A significant number of services needed are actually provided by NGOs and other charitable organizations rather than the Ministry of Social Welfare or responsible public agencies.

Most of the services mandated by the Law are not actually implemented or minimally implemented.

PPWD lack the empowerment they need to take charge of their lives; and this is evidenced by the marginalized voice they have in impacting public policy and its outcome as well as its implementation.

So What?

While the Palestinian Disability Law is one of the leading laws in the Middle East; it still lacks the mandate and will to implement it.

The real issue here is lack of effective governance around disability which can be seen: The lack of public policies around disability or

the weak implementation if these exist. Weak or absent Audit/Control mechanisms. Lack of Accountability towards the PPWD.

Then What- Recommendations Expand the implementation of what is instated in the

disability laws. Implement better guards and audit/control mechanisms and

hold the responsible parties accountable. Provide sufficient resources (financial/human/knowledge) to

provide needed levels of service. Empower people with disabilities through financial and

career means to take charge of their lives and become self reliant.

Educate society and combat social stigmas about disability; this would require partnerships, advocacy, and practicing smart politics at all levels and by all those concerns.

Build Partnerships with regional and international partners and advocates.

But NO one will help us if we cannot help ourselves!!

and at the end?

and at the end?