Transcript Disability in the Global South

Disability in the Global South –
minority rights issue
and much more
the case of Albinos in Tanzania
Prof. Sirkku K. Hellsten
University of Dar es Salaam and
University of Helsinki
Three main topics
The concept of disability: its
interpretation, contextualization and
relativity
The complexity of the human rights
discourse in relation to the protection of
rights of the people living disability
To bring wider attention to the human
rights violations at various levels against
Tanzanians living with albinism
Disability
a physical or mental condition that limits a
person's movements, senses, or activities;
participation in social life
condition, disorder, affliction, ailment,
complaint, illness, malady, disease;
a disadvantage or handicap
diversion from (what is considered) ’normal’
(WHO) – international classification of
functioning, disability and health (ICF)
http://www.who.int/classifications/icf/en/
"the lived experience" of people in their actual
context/the 'current environment‘
Foucault: biopolitics
Disability and (Global) Justice
Injustice, inequality, inequal treatment
Participation, distribution of resources,
access to social and political goods
International classification, standards,
human rights agenda, cooperation
Cultural differences and system of belief
related to health, illness, normality, and
disability
Disrespect and distributive inequity
Special treatment and affirmative action
International HR instruments, equality
and respect for all
UDHR – all humans have equal rights 1948
ICCPR and ICESCR 1966
CEDAW – Convention on the Elimination of All Forms
of Discrimination Against Women 1979
Declaration of the Rights of Disabled Persons 1975
Convention of Rights of People with Disabilities
(CRPD), 2007
Indigenous Peoples Rights Act 1997;
Declaration on the rights of indigenous peoples 2007
Global South, Disability, and Human Rights
WHO: Around 15 % of world’s population (est. 1
billion) people live with disabilities.
World’s largest minority.
Numbers increasing: population growth, ageing,
medical advances, climate change, etc.
80% of PwD in developing countries (UNDP)
Vulnerability: the poorest, women and girls, people
otherwise already disadvantaged, marginalized
Lack of education (90% not attending the school
in the global South); unemployed, lack of political
representation, medical attention
Disability and culture
Language: positive and negative
connotations
World view and belief system: (evil) curse or
special gift/recognition (by God)
Attitudes: depend often on the traditions,
beliefs and social values
Historically (even) in the West: Plato deformed offspring of both the superior and
inferior ’classes’ be put away some
’mysterious unknown places’
Global South: Approaches to
Disability in Africa
Attitudes, beliefs, traditions: spiritual world view
(religion/withcraft); special significange of body
parts, mental capacity, and obidience to social
norms (spiritual healing: priests or witch doctors)
Shame, fear, ignorance, contempt vs.respect,
community care
Development aid and International Conventions and
programmes ->new approaches
Not always co-inciding – attitude change,
awareness raising
Education for the disabled and the wider public
HUMAN RIGHTS APPROACH: Philosophical
foundations: individual rights based on moral
agency and equal worth and dignity of all human
beings
Individuals’ worth, universal, inviolable
Cultural criticism from the Global South:
Individualistic, atomistic, Western originated and
culturally biased, not practical, cultural imperialism
Cultural interpretations: African, Asian, Islamic, etc.
approaches to human rights – in common more
collectivist and culturally embedded understanding
– already based on appeal to sensitivity towards
cultural difference
Equal rights –> equality: tools?
From negative rights protection to promotion of
positive rights (from non-discrimination to
enhancement)
Rights promotion – prejudice, elimination of
discrimination – direct rights (which) violations !
Discrimination –> anti-discrimination laws ->
affirmative action: disadvanted groups get special
treatment; special rights?
The USA and South Africa –> kick back: turning into
reverse discrimination and negative attitudes?
Special rights? What are special rights?
How do special rights fit in different cultural
contexts?
African concept of human rights
African humanism and communalism:
Concept of personhood: self-realization
through community, benefit to community,
communal leadership and traditional authority
African traditional values of solidarity and
egalitarianism; criticism of Western
individualism and liberalism (hypocrisy, nonAfrican, socially destructive)
Consensus democracy and African socialism
African Charter on Human and Peoples’
Rights (Banjul Charter 1981/86)
Understanding HR in TZ
TZ history – liberation humanistic ideology, African
Ujamaa socialism
Hostile to individuals’ rights in post-independence era
Active in creating the African Charter
The constitution has individual and collective rights
and duties
Has signed most of the international treaties, but
lacking behind in domesticating or implementing
them
Case study: people living with albinism – all share
certain features globally speaking; but face different
challenges in different cultural contexts (degree of
discrimination, prejudice, rights violations, or care,
attention, assistance, etc.)
Discrimination of People with Albinism
(PwA) – a double jepardy
UN, EU call for better protection of the rights of
albinos and condems the killings
In Burundi, Tanzania, Kenya and Malawi the
cases have increased recently
2006 onwards 74 murders, 2013 alone
several murders, 34 attempted murders, high
number of mutilations in TZ
UN reports: $3,000 or $4,000 for a limb, or as
much as $75,000 for the whole body
Incidents crease in election years
The clients of witch doctors are rich, the
hunters poor – lacking alternative livelyhoods
(?)
What kind of minority PwA? Disabled?
Global minority, with different conditions different
parts of the world
Not ethnic, no common culture, but similar
challenges and vulnerabilities
Not directly disabled per se; genetic condition
that leads to disabilities – visual impairment, skin
diseases, - and mutilations (environment
matters)
Refugee status or seeking asylum – particular
social group threatened due to persecution
Individual members rights violated since they
are a part of a specific ’group’/group with
specific features…
The reasons for discrimination of albinos are based
in superstition, illiteracy, cultural beliefs, ignorance
The killing of albinos is based on superstition,
ignorance, poverty, economic (and political)
reasons – witchcraft
Turning into slow genocide? Albinos seen to lack
full humanity
Police, relatives, politicians, neighbours involved;
no security to those who identify the killers – who
is going to protect?
The state does not put in full effort despite clear
human rights violations; the state obligations not
met
Government measures not convincing
International community cannot directly
interfere
International law cannot be used with full
force as TZ has not adopted the Optional
Protocol to the ICCRP and is not willing to
accpet individual complaint mechanism
CRPD and its Optional Protocal not ratified
Interpol and now UN investigation team –
limited ability to deal with the crimes
Discrimination vs. direct rights
violations/rights denial
Related issues but need different cures?
Does the concept of minority rights or
disability rights, or other group rights
cover both sufficently enough?
How to improve the interpretations of the
concepts?
How to empower actors besides the
states? The IC, INGOs, NGOs, heath care
providers, ordinary citizens?
Conclusion
To show the complexities related to the
issues of disability and global justice:
interpretations, cultural environment,
resrouces available, belief systems,
enforcement of international standards
To further encourage disability studies
to work on cross-cultural elements that
need to be understood and solved in
order to improve global and local
conditionsof justice and make it more
inclusive