PEOPLE WITH DISABILITIES AND THEIR LEGAL STATUS IN THE UNITED REPUBLIC OF TANZANIA

In Tanzania, there have been a long time efforts to make sure that all people, with and without disabilities are valued the same at all life affairs. Different documents are enacted to recognize people with disabilities legally. These documents seek to reduce the effects of disabilities economically, socially and politically. It is also purposive to intervene these people with disabilities within the country and prepare better future for all citizens.


 The following are some of these enacted laws and policies.

The Persons with Disability Act, 2010, enacted by Parliament in April 2010 and assented by the President of the United Republic of Tanzania on 20th May 2010, makes provision for:

Health care; Social support; Accessibility; Rehabilitation; Education and vocational training; Communication; Employment or work protection and; Promotion of basic rights for persons with disabilities.

The Zanzibar Education Policy and its Education Development Program (2007)

This policy finalized in late 2007, focuses on improving access to education for children with disabilities.

Persons with Disabilities (Rights and Privileges) Act 2006 (Act No. 9 of 2006)

It deals with workers with disabilities. It is divided into six parts, each part having its specific role to play.

Part I - Preliminary Provisions

Part II - Rights and Privileges of Persons with Disabilities [includes inter alia provisions on discrimination in employment, duty to offer employment and education]

Part III - Civic Rights

Part IV - Establishment of the Zanzibar National Council for Persons with Disabilities

Part V - The Zanzibar Development Fund for Persons with Disabilities

Part VI - Miscellaneous Provisions

National Strategy for Growth and Reduction of Poverty (MKUKUTA), 2005-2010 and the Zanzibar Strategy for Growth and Reduction of Poverty (MKUZA), 2006-2010.

These are the strategies which are entailed in the Millennium Development Goals (MDG) for Tanzania Mainland and Zanzibar respectively. These strategies, among many issues explained in them, they recognize disability as among the major causes of poverty, and that it should be taken into consideration for the purpose of fully development of Tanzanian society.

 MKUKUTA and MKUZA as they are derived from MDGs, plan that in 2025 there must be improved life quality to be co-enjoyed by both people with and without disabilities. Labour

 Relation Act of 2005 (No.1)

It prohibits discrimination based on disability in the context of Trade Union’s constitution or activities

National Policy on Disability of 2004

The policy aims at providing a conducive environment for people with disabilities to engage in productive works for their development and the utilization of available resources for improved service delivery.

Employment and Labor Relations Act of 2004 (No.6)

This act forbids direct and indirect discrimination in any employment policy, including discrimination based on disability.

National Employment Promotion Service Act of 1999 (No.9)

This act provides or makes arrangements for the registration, employment, counseling, vocational rehabilitation and placement of persons with disabilities.

Zanzibar Labor Act of 1997 (No.3)

The act lays down fundamental rights concerning the employment of people with disabilities.

Vocational Education and Training Act of 1994 (No.1)

The act provides a legal framework for implementation of a flexible vocational education and training system that respond to the labour market.

Workmen’s Compensation Act No.15 of 1986

This Act defines the Compensatable disease as “any disease which was contracted while a person concerned was performing a work or was present while a work was performed and any other disease which the Minister, on the advice of the Labor Advisory Board declares by notice in the Gazette, to be a compensatable disease”. It asserts that any worker who can get disability resulted from the workplace of a sector which is under government system will be compensated by the government.

Disabled Persons (employment) Regulations of 1985

Government Notice No. 464: Disabled Persons (Employment) Regulations 1985.

Gazette of the United Republic of Tanzania, 1985-12-20, N. 51, Supplement N., p. 700-709.

Defines the eligibility and registration requirements for disabled persons under the Disabled Persons Employment Act 1982 (No. 2 of 1982). Reserves for them two percent of the vacancies in vocational training centers (s. 8 (2)) and requires every registered employer to employ registered disabled persons so as to constitute at least two percent of the employees (s. 10(1)). Includes schedules showing the towns and districts to which the Regulation applies and the registration forms to be used.

Disabled Persons (employment) Act of 1982 (No. 2)

An Act to make provision for enabling persons handicapped by disablement to secure employment or work on their own account and for purposes connected with those matters

It establishes a quota system which stipulates that 2% of the work force in companies with over 50 employees must be persons with disabilities. Also establishes the National Advisory Council which advices the minister responsible for social welfare of the people with disabilities.

 Disabled Persons (Care and Maintenance) Act of 1982 (No.3)

It provides and designates responsibilities of caring for disabled persons to families, relatives, local governments, central government and non-governmental organizations. Also establishes a National Fund for Disabled Persons.

Conclusion

There is a need to go further in the process of putting budget aside for the respective areas outlined in these legal documents. We need to see in the near future that also people with disabilities are fully included in the government leadership being elected and appointed as ministers, commissioners and other related decent posts within the country.

"Think Inclusively ~~~ Act Inclusively ~~~ Create an Inclusive Nation"