Disability policy summary - Gauteng Online

2 | Disability Rights Policy

INTRODUCTIONThe Gauteng government has made significant progress towards improving the lives of people withdisabilities through including them in its programmes of development.Over the years, our government remained committed to making Gauteng a better place for peoplewith disabilities through initiatives aimed at:Empowering people with disabilities with skills, employment and support through the social grantssystem;Ensuring that all government services are accessible to people with disabilities;Providing equipment such as wheel chairs and hearing aids; and Protecting and promoting the rightsof people with disabilities.We, as a government, remain committed to the attainment of the 2% target of People with Disabilitiesemployed in the Gauteng government. We are taking proactive steps to ensure that job seekers withdisabilities are registered on the database of employment seekers and that this database is used byprovincial government departments to improve compliance with Employment Equity targets.Through the Gauteng Enterprise Propeller, further attention will be given to the promotion of businessesand cooperatives owned by people with disabilities.The provincial government further recognises that:• The needs of people with disabilities have been seen as a merely health or welfare issue;• These needs require to be approached from a human rights and developmental perspectives;• All cultures have cultural and customary practices that have and still do subject many people withdisabilities to gross neglect and discrimination within the private and public spheres;• A disability rights policy has to be developed together with people with disabilities in the spirit of‘nothing about us without us’;Disability Rights Policy | 3

• The state has a key role to play as an agent of transformation of society working with peoplewith disabilities to achieve equality, with independent living, education, employment andsocial integration ; and• The empowerment of people with disabilities is critical in achieving an equitable and harmonioussociety and not to lose the contribution that they will bring to it.Our provincial government’s approach to disability rights is informed and guided by the IntegratedNational Disability Strategy, the UN International Convention on the Rights of Persons with Disabilitiesand relevant national legislation and regulations such as the Employment Equity Act and its Code ofGood Practice on the management of disability in the workplace.Working with people with disabilities to create a better life for all in Gauteng, the Executive Councilrecently adopted a new Disability Rights Policy which supports the right of all people with disabilitiesto enjoy equal opportunities and to participate fully in the life of the province.This approach seeks to put into practice the objectives of existing legislative and policy documents andbuild on the numerous programmes that are initiated by provincial departments and the NGO sector.The document is made up of the following components:• Firstly, the document identifies the vision and principles that guide our approach to disability rightswithin the GPG;• Secondly, the document provides a brief situational analysis and a problem statement;• Thirdly, the document identifies the critical areas for action in respect of both GPG citizens and inrespect of addressing disability rights in the GPG as a workplace;• Fourthly, the document identifies institutional arrangements to give effect to this policy and• Finally, the document lays out a broad implementation framework to guide the operationalisationof this disability rights policy.The Bill of Rights (Chapter 2) specifically prohibits direct and indirect discrimination, by the state or an4 | Disability Rights Policy

individual, against anyone on the basis oftheir disability. By implication, therefore,the denial of any right on the basis ofdisability constitutes a constitutionalviolation of a disabled person’s right.Section 9 of the Constitution provides forthe enactment of national legislation toprevent or prohibit unfair discriminationand to promote the achievement ofequality. This implies the advancement,by special legal and other measures, ofpeople with disabilities as a historicallydisadvantaged group.The provincial government’s policy ondisability is based on the intentions,principles, and provisions of the constitution.This means that the implementation ofeach stipulation in this policy is a bindingconstitutional obligation of all provincialgovernment departments, its agencies andcitizens of the province.Disability Rights Policy | 5

CROSS-CUTTING DELIVERY AREAS ON DISABILITY RIGHTSPrevention and early detection of disabilityPolicy Objectives• Put in place specific protective measures such as immunisation, protection against road andworkplace accidents, as well as environmental and occupational hazards.• Take secondary prevention measures, which means the early identification of impairments anddisabilities followed by prompt treatment in order to prevent or limit the extent of disabilityexperienced.Access to communication and informationPolicy Objectives• Develop and implement policy that will provide persons with disabilities with equal access toinformation in an appropriate mode and format with specific cognisance of previously neglectedalternative communication systems.• Promote access for persons with disabilities to new information and communication technologiesand systems, including Internet Based Services.Public education and raising awareness of disability rightsPolicy Objectives• Promote public education and awareness of disability rights as a human right and developmentalissue.• Promote the rights of people with disabilities amongst GPG staff and the public so as to overcomeignorance, prejudice and discrimination against people with disabilities.• Ensure public awareness of polite terminology about people with disabilities.6 | Disability Rights Policy

Prevention of discriminationPolicy Objective• Prevent discrimination against people with disabilities in Gauteng.• The GPG shall take appropriate measures to eliminate discrimination on the basis of disability byany person, organisation or private enterprise.• It shall develop programmes that promote and protect the right of people with disabilities toequality, citizenship, life, employment, education, health, and justice as well as their freedom ofexpression and association.• One of the ways that the GPG will give effect to the above is by demanding proof that its supplierscomply with the National Standards on Accessibility of their products, facilities and services topeople with disabilities, before allowing them to be suppliers to the GPG.Universal barrier-free accessPolicy Objectives• That persons with disabilities have equal access to the physical built environment and to otherfacilities and services provided for or open to the general public in rural and urban areas; and• That all national minimum norms and standards of accessibility for people with disabilities beimplemented and enforced.The GPG shall ensure barrier-free and universal access to public facilities, services and information toenable people with disabilities to live independently and participate fully in all aspects of life.To this end, the GPG shall develop and implement minimum norms and standardsin services and information and use the national standards where they exist, suchas the SABS Code of Practice: “Accessibility of buildings to disabled persons”.People with disabilities shall have access to comprehensive rehabilitation programmes in all sectors ofgovernment including in the culture,sports and recreation areas.Disability Rights Policy | 7

Monitoring and EvaluationPolicy Objectives• Develop and use mechanisms, including the disability rights service delivery agreements,for monitoring and evaluation of the implementation of the Gauteng Disability Rights Policy inconsultation with civil society.The outcomes-based Monitoring and Evaluation (M&E) guidelines for the Disability Rights Policy shallbe integrated into:• the Government-wide planning frameworks;• the formal budget processes; and• the overall Gauteng and national government M&E system.The Provincial Government departments shall develop and popularise M&E guidelines, indicatorsand tools to track the implementation of the Disability Rights Policy in line with the outcomes-basedapproach.Departments will provide quarterly and annual reports on the implementation of Disability Rightsthrough the provincial delivery committee (Inter-Departmental Disability Committee) and bi-annually tothe Legislature Standing Committee.The Departmental Heads of Departments supported by Departmental Disability Rights Champions(MECs) shall ensure that the performance agreements of all Senior Managers include the integrationof delivery on disability rights into their KPIs.The GPG and its departments shall ensure the full participation of civil society organisations dealingwith disability rights for citizens and employees in the M&E framework and processes.The outcomes of M&E shall be duly reflected in the provincial and departmental annual reports andshall be circulated to the public.The regular impact assessments or audit (preferably after every 3 years) shall be conducted to measurethe effect of GPG services and departmental programmes to the attainment of disability rights.8 | Disability Rights Policy

The audit of government buildings for accessibility shall be conducted and regularly updated throughthe Department of Infrastructure Development, using access consultants with the goal of ensuring thatall government buildings are accessible.Budgeting for delivery to people with disabilitiesPolicy Objectives• Provide adequate resources to be used for reasonable accommodation and other disability rightsinitiatives in line with relevant financial policies and legislation.• Develop incentives to encourage the public and private sector to release the appropriate fundingto take the reasonable accommodation measures that are assessed as being required.The coordinating institutions shall ensure that disability rights priorities are integrated into the annualbudgets and the Medium Term Expenditure Framework.Departments shall translate the goals of the Disability Rights Policy into implementable programmescontaining clear spending plans.Funds allocated for the above should be ring-fenced for delivery to people with disabilities.HIV and AIDSPolicy Objectives• That there is an appropriate representation of persons with disabilities on all HIV and Aids relatedboards and bodies.• That there is inclusion of people who become disabled through the progression of Aids in alldepartmental disability rights management strategies.• That there is equal access of persons with disabilities to information in accessible modes andformats about HIV and Aids and reproductive health.• That persons with disabilities benefit equally from opportunities resulting from HIV and Aids relatedinitiatives.• That persons who have acquired a disability through HIV and Aids benefit equally from disabilityrelated benefits and insurance.Disability Rights Policy | 9

• The GPG will ensure that there is equal access of persons with disabilities to information inaccessible modes and formats about HIV and Aids and reproductive health.• The GPG will design and provide special interventions to mitigate the impact of HIV and Aids onpeople with disabilities and their families. These could include the extension of worker benefits,foster care for children, community-based services and institutional support.• The GPG will ensure disability rights inclusive HIV and AIDS programmes with a special focus onyouth with disabilities.• The GPG will ensure that the other disability rights policy objectives mentioned above are achieved.Freedom from exploitation, violence and abusePut in place measures protecting people with disabilities from all forms of exploitation, violence andabuse.• Develop and implement a coordinated strategy involving all the departments to eradicate all formsof begging involving people with disabilities.• Ensure environments that are fully accommodating to people with disabilities for the reporting andmanagement of reports of exploitation, violence and abuse.• Develop and implement programmes to eradicate all forms of begging involving persons withdisabilities.• All structures and staff must be able to execute programmes to eradicate begging.10 | Disability Rights Policy

SERVICE DELIVERY TO PEOPLE WITH DISABILITIES IN GAUTENGService delivery, with reasonable accommodation for different disabilities, must be delivered in thefollowing focus areas:AgricultureThe GPG shall promote active participation of people with disabilities and their enterprises inagricultural development programmes by:• Ensuring that people with disabilities benefit equitably from the creation of agricultural hubs andproducts-processing facilities.• Giving people with disabilities equal access to job opportunities created through the ExpandedPublic Works Programme (EPWP) environmental initiatives.• Setting targets on how people with disabilities shall benefit from the Homestead Gardens initiative.• Giving preferential treatment on food security to households headed by people with disabilities.Sports, Arts, Culture and RecreationThe Gauteng government shall take measures to enable people with disabilities to participate fully inrecreational, cultural and sporting activities and to have the opportunity to develop and utilise theircreative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment ofsociety. This shall be achieved through the following programmatic actions:• Ensuring that talented and interested people with disabilities access opportunities to display theirtalents and creative potential in all provincial cultural activities.• Ensuring that people with disabilities are integrated into the arts and culture industry as part ofenhancing its capacity to play a bigger role in the province’s economy.• Providing support for disabled artists to enable them to participate fruitfully in the expanding craftmarket and the performance industry.• Facilitating smart partnerships between stakeholders in the arts and culture field and talenteddisabled artists.Disability Rights Policy | 11

• Setting targets for the participation of disabled artists in flagship activities like the Arts Alive Monthevents.• Enabling sportspeople with disabilities to participate equitably in competitive and social sports inthe province in keeping with the Provincial Integrated Sports Framework.• Facilitate the participation of sports played by people with disabilities in the provincial sportspartnerships.• Ensuring that physical facilities for sports including fan parks are accessible to people withdisabilities as players and as fans.Economic empowerment through entrepreneurshipThe Gauteng government shall take steps to enhance the entrepreneurship and self-employment amongpeople with disabilities by:• Making a special provision for people with disabilities and their enterprises to benefit from theGauteng Growth and Development Strategy and the Black Economic Empowerment (BEE) Strategy.• Ensuring that service providers owned and run by people with disabilities receive preferentialtreatment in the procurement of goods and services.• Providing development support for Small Medium and Macro Enterprises (SMMEs) owned bypeople with disabilities.• Facilitating access to finance, credit and technical assistance for people with disabilities and theirbusiness entities.• Including people with disabilities in norms and standards guiding investment and tourism promotionin the province.\Economic empowerment through employmentThe provincial government shall ensure adequate work and employment for people with disabilities inthe labour market that is open and inclusive by:• Ensuring that people with disabilities benefit from major employment-creation interventions includingthe expanded public works programmes.12 | Disability Rights Policy

• Setting targets and quotas for the employment of people with disabilities in private sector entitiesin the province, and linking this to the procurement system.• Preventing exploitation of employees with disabilities through anti-discrimination measures andinspection of workplaces.• Ensuring that people with disabilities employed in private sector enjoy fair pay, full employmentbenefits and career development.• Linking all the above to the procurement of goods and services from private sector businesses bythe GPG.EducationTo promote the full development of human potential of people with disabilities and enhance their selfworth,the GPG shall take measures to ensure equal access to education and lifelong learning.To achieve this, the provincial education and training authorities shall:• Remove all barriers to equal access to education for people with disabilities with a special emphasison young people and women.• Fully implement the provisions of the South African Schools Act and the White Paper on SpecialSchools.• Expand special support including psychological, transport and therapeutic services for the Gautengschools, especially in peri-urban and rural areas.• Improve the number and distribution of special schools in the province.• Provide special measures for disabled children from households headed by single parents, disabledadults or orphans to access educational opportunities.• Conduct regular visitations to special schools to check and ensure compliance to reasonableaccommodation.• Ensure the availability and access to educational opportunities targeting out-of-school youth withdisabilities, including Learnerships and National Youth Service programmes.Disability Rights Policy | 13

Training and skills developmentThe Gauteng government shall prioritise people with disabilities in skills development initiatives byundertaking the following steps:• Providing life-long learning opportunities for people with disabilities beyond formal schoolingaccording to their talents and different abilities.• Giving people with disabilities preferential treatment in skills development plans for the province.• Setting and achieving targets designed to expand the participation of people with disabilities inlearnerships, business mentorships and apprenticeships.• Balancing focus on wealth-creating skills (economic) and social life skills that enhance socialinclusion and self-realisation.HealthThe provincial government shall provide people with disabilities with the same range, quality andstandard of free or affordable health care and programmes as is provided to other people. This shallinclude sexual and reproductive health as well as special health services needed by people withdisabilities. The government shall take the following measures:• Ensure that no form of discrimination against people with disabilities takes place in the healthsystem including stigmatisation of mental health by the public.• Ensure that the revitalisation of hospitals and other health institutions take into consideration thespecial needs and circumstances of people with disabilities, including physical access.• This needs definition, explanation, and cost-effective motivation.• Enable the consolidated primary health care services to address ill-health that causes disability andto address infectious diseases that afflict people with disabilities.• Facilitate prevention and promotion programmes to prevent primary and secondary disability.• Provide general and specialised therapeutic and rehabilitation services at primary, secondary andtertiary level.• Design and provide special interventions to mitigate the impact of HIV and AIDS on people with14 | Disability Rights Policy

disabilities and their families. These could include the extension of worker benefits, foster care forchildren, community-based services and institutional support.• Ensure the integration of the needs of people with disabilities in workplace health programmes inthe province including within the GPG.HousingThe government shall ensure that people with disabilities have equal access to housing and connectedamenities through the following measures:• The development and promotion of a housing policy which fully includes the needs of each personto accommodate their particular disability.• All housing initiative of the GPG shall ensure strict application of all national norms and standardsregarding; town planning, roads, amenities and buildings for the accommodation of people withdisabilities.• The provision preferential treatment for people with disabilities in the formalisation of informalsettlements.• Making special provision for people with disabilities in the hostel regeneration programmesincluding making new buildings accessible and suitable for people with disabilities.• Facilitating access to new mixed stock housing developments of various cost levels to differenteconomic classes of people with disabilities. This is to include rental and housing stocks.• When previously neglected townships are rehabilitated by the upgrading of infrastructure and allamenities, people with disabilities will be prioritised.• Considering the role of people with disabilities and factor their needs in on-going housing policyresearch with a view to determining ways in which they could be better integrated into housingprogrammes.Poverty eradication and social developmentMeasures will have to be taken to reduce the vulnerability of people with disabilities to poverty, andthe provincial government shall achieve this through the following interventions:Disability Rights Policy | 15

• Involving people with disabilities in the structures and processes designed to exercise oversightover the law enforcement agencies in Gauteng.• Integrating of disability rights awareness in the training and development of police and judicialofficers, especially those stationed in front offices, to enable them to deal with the particularneeds and circumstances of people with disabilities.• Ensuring that educational campaigns and material on crime, violence and emergencies are accessibleto people with mental, intellectual, sight and hearing disabilities.TransportThe Gauteng government shall make public transport accessible for people with disabilities byundertaking the following interventions:• Involving people with disabilities in the development and implementation of a comprehensiveand integrated transport system, including public transport.• Integrating the needs of people with disabilities in the design and construction of new roads andin the upgrade of the existing road infrastructure.• Preventing new disabilities by aggressively pursuing road safety programmes using communicationtools that are also accessible to people with various disabilities.• Adoption of norms and standards on the construction of the transport infrastructure that is accessibleto people with disabilities.Disability Rights Policy | 17

EMPLOYEES OF THE GPG WITH DISABILITIESEmployment Equity TargetThe Gauteng government departments must meet the target of having at least 2% of their workforceconsisting of people with disabilities by 2009. This target was first set by the Department of PublicService and Administration in 1995 to be met in 2005. This deadline was extended to 2009 by theNational Cabinet.The above target will increased to 3% of the GPG workforce consisting of people with disabilities by2014.Application of the Employment Equity Act (EEA)To ensure the meeting of the abovementioned target and to comply with the EEA the following will beimplemented with all possible speed:The Transversal Human Resource functions of the Office of the Premier will coordinate, monitor andevaluate the implementation of the EEA and the “The Gauteng Provincial Government Strategy toImprove the Employment of People with Disabilities.” 1 All GPG Human Resource managers will betrained on how to incorporate the content of the Code and the Technical Assistance Guidelines (TAG)in their current policies and practices so as to enable them to comply with Chapter Two (Prohibition ofUnfair Discrimination) of the Employment Equity Act.Each GPG department will produce their Employment Equity Plan and a strategy to implement it to meetthe above target. These plans and strategies will comply with, and use all aspects of the EmploymentEquity Act and its Code of Good Practice 2 on the employment of people with disabilities which hasmore practical explanations in the Technical Assistance Guidelines (TAG) on the Employment of Peoplewith Disabilities.Each GPG department will then consult NGOs that promote disability rights and those that provideservices to people with disabilities to obtain assistance on the implementation of their EmploymentEquity Plan and its implementation strategy.Although the EEA, the Code of Good Practice and the TAG are very comprehensive, it would assist18 | Disability Rights Policy

the GPG’s aims to meet the 2% target to giveemphasis to and add the following:Recruitment and selectionSelection panel members must be assistednot to let their own prejudices hold sway andpresume that an applicant with a disabilitymay not be able to perform the job due totheir disability.This assistance can be provided by HRdepartments obtaining short accounts ofsuccessful employees with different disabilitiesand in different types and levels of jobs andhaving a session with panel members on theinformation before the interview.Human Resources (HR) departments can alsoprepare standard procedures for applyingaffirmative action in the interview processand provide them to the panel.AppointmentWhere the panel chooses someone other thanan eligible person with disabilities, it shallprovide written reasons justifying its decision.Disability Rights Policy | 19

Placement:Employees with disabilities shall have rights to voluntary transfer between jobs within the provincialgovernment and where the transfer happens, all possible efforts must be made to replace him or her witha person with disabilities.Training and DevelopmentDiscrimination in the training and development of people with disabilities shall be prohibited and increasedaccess will be given to them to improve their skills, increase their competence in the workplace and givethem job satisfaction.Targets for training and development for employees with disabilities shall be formally included in theWorkplace Skills Plans, Employment Equity Plans and Human Resource Plans of all Provincial departments.The provincial government will ensure that they all have career plans and can access opportunities forupward career progression on an equal basis with able-bodied employees.Reasonable accommodationThe Gauteng government shall put workplace measures in place to ensure reasonable accommodationof the needs of people with disabilities. It shall take steps to reduce the impact of the impairment on theperson’s capacity to fulfil the essential functions of a job.Providing assistive devices and resources of such quality that they are effective in assisting the employeewith a disability to fulfil their function well, will be one way of doing this.20 | Disability Rights Policy

INSTITUTIONALISATION OF DISABILITY RIGHTS IN GAUTENGParticular responsibilities for delivery on disability rights are allocated to specific departments androle players both in this policy and in legislation. In the past there has been substantial avoidance ofthese responsibilities by attempts to “delegate” them to structures and posts that have “disability” intheir name. To “ghetto-ise” disability rights like this causes lack of delivery to people with disabilities.The Gauteng government shall create and sustain structures, systems and dedicated personnel to ensurethe implementation of this policy throughout Gauteng with the following institutional arrangements:Executive accountabilitiesThe Premier: The Premier has overall political responsibility for the enjoyment of equal rights andequitable services by people with disabilities in Gauteng.Members of the Executive Council: Each member of the Executive Council (MEC) politically accountsto the Premier for the equitable delivery of both the core and support services of their Department topeople with disabilities in Gauteng.Heads of Departments: The Head of Department (HOD) of each GPG department is responsible for theintegration of effective and equitable delivery of both the core and support services of their Departmentto people with disabilities in Gauteng.Disability Rights Policy | 21

Gauteng-wide structures to promote disability rightsThe Disability Rights Directorate of the Office of the Premier: This Directorate provides support to thePremier’s disability rights functions in the following ways:• Provides timely transversal policy development to Cabinet that produces effective, efficient, relevant,and applicable policy and programmes that include delivery to people with disabilities.• Providing strategic and analytical advisory support to ensure that the interests of people withdisabilities are included in all documentation tabled for Cabinet, Cabinet sub-committees, HODsForum, Intergovernmental Forums, and all other governance decision-making meetings.• Monitoring service delivery (through use of the outcome based approach) and measuring theimpact of projects, programmes and services on people with disabilities.• Knowledge and information management on disability rights in collaboration with the GautengPlanning Commission (GPC).• Coordinates the institutionalisation and popularisation of this disability rights policy.• Monitors and evaluates the progress made by Departments, with special reference to the integrationof this policy into their operations and its implementation.• Liaises with the Disability Branch in the Ministry of Women, Children and People with Disabilities.• Advises and supports departments to implement the disability rights policy.• Ensures capacity building on disability issues for leadership within the GPG and key people whoare delivering services.• Convenes and coordinates the Governmental Disability Rights Committee• Convenes and coordinates the Gauteng Disability Rights ForumThe Governmental Disability Rights CommitteeThe Governmental Disability Rights Committee (GDRC) coordinates the interventions of all GPGDepartments, Metro’s and Municipalities of Gauteng to achieve effective and efficient delivery topeople with disabilities.22 | Disability Rights Policy

The Gauteng Disability Rights ForumThis forum is where both levels of government in Gauteng consult the Civil Society Organisations(CSOs) of the disability rights sector on Gauteng-wide strategic interventions to implement this policy.The Gauteng Disability Rights Forum (GDRF) is responsible for the following:• Identification of key priorities in service delivery provision• Feedback on GPG programmes implementing this disability rights policy• Sharing of experiences• Developing best practice models• Capacity buildingDepartmental structures to promote disability rights in GautengThe Departmental Executive Management CommitteeThis committee supports the HOD and all Senior Managers to get maximum synergy to carry out theirresponsibilities for the implementation of different aspects of their Departmental Disability Strategy. Allitems on its agenda need to address the degree of benefit and inclusion of people with disabilities.Disability Rights Policy | 23

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GAUTENGPROVINCIAL GOVERNMENTREPUBLIC OF SOUTH AFRICAHotline: 0860 4288364www.gautengonline.gov.za