No Policy, No Justice

Phiri says legal gaps and weak enforcement leave persons with disabilities unprotected and marginalized

By Francis Maingaila ♥️

Lusaka, Zambia24  - (11-06-2025) – The Zambia Federation of Disability Organisations (ZAFOD) has raised alarm over the absence of concrete and enforceable disability inclusion frameworks across various government ministries and public bodies, describing it as a manifestation of institutional discrimination.

Addressing participants at a disability inclusion sensitization workshop, ZAFOD Programme Officer Jethro Steven Phiri questioned the commitment of government systems to genuinely safeguard the rights of persons with disabilities. 

He observed that although Article 123 of the Constitution prohibits discrimination, it falls short of offering targeted protection for persons with disabilities—leading to their marginalization.

“If a ministry lacks structures that foster and uphold the rights of persons with disabilities, then we are institutionally shutting them out,” Phiri remarked.

“Disability stems from the interaction between an impairment and systemic barriers. If those barriers remain, we are actively contributing to people’s exclusion.”

He stressed that while the Constitution supports equitable participation, the lack of enforcement renders those clauses ineffective. 

Phiri cited political campaigns as an example, where aspirants with disabilities may be ridiculed or sidelined, with no legal recourse to ensure fair treatment.

Institutions without official disability policies, he warned, are inherently non-inclusive. 

As a case in point, he mentioned the Ministry of Education’s 10 percent employment quota for persons with disabilities, noting how codified policy encourages accountability. 

“Because it’s documented, we can demand compliance. Ministries lacking such frameworks cannot be challenged if they disregard disability inclusion,” he said.

Phiri also underscored the widespread communication barriers across sectors. Individuals with visual or hearing disabilities are often denied access to essential information that is not provided in accessible formats such as Braille, audio, or sign language. 

“When a company markets only through print or spoken word, it alienates an entire demographic,” he said, citing an example of a visually impaired individual unable to navigate an online store due to inaccessible design.

He argued that accessibility must be embedded from the outset. 

“Campaign flyers for breast cancer awareness, for instance, should also be made available in Braille or audio. 

People with visual impairments are equally at risk, but they’re often excluded,” he emphasized.

Phiri called on government agencies, private sector players, and media institutions to incorporate inclusive communication standards into their daily operations. 

He urged media professionals to abandon outdated, charity-driven portrayals in favor of a rights-based narrative.

“Media coverage often centers on donors rather than the lived realities and aspirations of persons with disabilities,” he pointed out. 

“The real story isn’t about who donated a wheelchair—but about how that wheelchair empowers someone to live fully.”

He reminded media personnel of their ethical obligation to use respectful, person-first language—such as “a woman with a visual impairment” instead of “a visually impaired woman.” 

“Language shapes perceptions. It can affirm dignity or entrench stigma,” he said.

Phiri also drew attention to Zambia’s failure to ratify the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities (UNCRPD), despite having enacted the Persons with Disabilities Act No. 6 of 2012. 

He explained that ratifying the Protocol would legally bind Zambia to submit regular progress reports and allow it to be scrutinized by the UN Committee.

“Without ratifying the Optional Protocol, Zambia escapes international accountability. It’s like an uncle pledging to care for children but refusing to commit to paying their school fees,” he noted.

The workshop concluded with a strong appeal to transition from the conventional social model of disability, which emphasizes external limitations, to a rights-based model that affirms access to education, employment, and healthcare as entitlements—not acts of benevolence. 

“When a person with a disability is hired, it should be because of their competence—not as a goodwill gesture,” Phiri asserted.

One participant recounted an instance in which a blind woman was ridiculed for becoming pregnant. 

“They questioned how a blind woman could conceive,” she shared, underlining the urgency of dismantling harmful stereotypes and promoting public awareness.

Phiri closed his remarks by encouraging the media to spotlight narratives that uplift persons with disabilities. 

“Inclusive reporting isn’t about sympathy—it’s about justice, representation, and equality,” he said. 

“Hiring or supporting a person with a disability shouldn’t be seen as charity—it’s a fulfillment of their human rights.”