Women with disabilities fault the country's constitution
Women with disabilities face more problems navigating everyday life and are especially vulnerable to abuse and discrimination, but too often their accounts are ignored or dismissed, said disability activist, Boikhutso Majang.
In an interview with The Midweek Sun during the Disability Rights Seminar organised by Botswana Federation of the Disabled (BOFOD) recently at the University of Botswana (UB), the Chairperson of Women with Disabilities (WWD) said that women and girls with disabilities often face “multiple barriers accessing sexual and reproductive health care, as well as psychological and criminal justice services.”
About 100 people, including legal experts, academics, and organisations representing people with disabilities gathered to discuss disability rights under the theme, ‘Access To Justice For People With Disabilities in Botswana.’ According to Majang, cases of violence regularly go unreported, due to a range of factors including low confidence levels, scarce information about rights, and high levels of dependency on caregivers who in some cases may also be the perpetrators of the abuse.
“Police and other professionals frequently lack the awareness and skills needed to support women with disabilities who report abuse, and this is often compounded by a lack of support systems and a general unwillingness to give weight to their testimony,” she said. Majang said empowerment, covering areas such as self-awareness, self-confidence and participation, would improve the lives of women with disabilities.
She said access to justice, which includes decision-making and political participation is also critical. “Government should consult with people with disabilities and the organisations that advocate for them,” she said, adding that “they should also translate information into more accessible formats. For example, using simple language would make it easier for those with intellectual disabilities or those who lack education.”
Critics say for far too long the justice system has been inaccessible to people with a range of disabilities as investigative and judicial procedures fail to adapt to meet their needs. “PWDs are denied the right to give evidence, or to receive a fair trial, while information about the law is not presented in accessible or appropriate formats,” stated Karabo Langa, Youth Chairman of BOFOD. He said the fact that Botswana has not ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) was disturbing.
Broadhurst Chief Magistrate Faith Dlamini-Ngandu also acknowledged the need for a serious material and cultural change across every part of the system at every level, to make the country’s justice system accessible for all citizens. For example, she said there have been many instances whereby a case is postponed countless times because the magistrate or the judge, or prosecutors or lawyers or even accused persons are not conversant with sign language in the event that the victim has hearing or speech impairment.
Ngandu said the gaping hole in the justice system for disabled victims is mostly that there is no specific legislation addressing issues of people with disability. “We really need it to know how to deal with them. As much as we have the constitution, it is not enough because on its own it doesn’t even define what disability is,” she said.