Parliament Ratifies African Charter on Human, Peoples Rights of Persons with Disabilities

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By: Kebba AF Touray

The Gambian parliament on Tuesday, 25 June 2024 considered and ratified the motion on the Protocol to the African Charter on Human and Peoples Rights of Persons with Disabilities in Africa.

The Gambia’s Agriculture Minister, Demba Sabally, while tabling a motion on the consideration and ratification of the Protocol to the African Charter on Human and Peoples Rights of Persons with Disabilities before lawmakers, said that the rights of Persons with Disability have been neglected for far too long.

Minister Sabally tabled the motion before the lawmakers on behalf of the Minister for Gender and Social Welfare, Fatou Kinteh, for consideration and ratification.

Tabling the motion on the Protocol to the African Charter on Human and Peoples Rights of Persons with Disabilities in Africa, he told the assembly that the Gambia government signed the Charter on Human and People’s Rights on 11th February 1983 and assented to it on 8th June 1983.

The Government of the Gambia acceded to the convention on the rights of PwDs on 6th July 2015 and was domesticated on 6th July 2021 by the National Assembly of the Gambia. “This protocol drew inspiration from convention and to ensure that fundamental human rights and freedoms of PWDs are protected, promoted, and fulfilled in all aspects,” he said.

He told the parliament that the next periodic report of the African Human and People’s Rights and the Maputo Protocol, to be submitted by the Gambia, will hopefully include the signing and ratification of the protocol on the rights of PwDs.

He said, “The rights of PwDs have been neglected for long, hence the adoption of the protocol to the charter during the 19th Extra-Ordinary Session of the African Commission on Human and People’s Rights, held from 16th– 25th February 2016”.

In essence, he said, the signing and ratification of the protocol would prudently contribute to among others the capacity of PWDs to support their independent living and for them to contribute to the social, cultural, and economic development of the communities.

In addition, the purpose of this protocol is to raise action much higher and give effect to the commitment of the government to the protection of the rights of the PwDs, as outlined in section 31 of the 1997 constitution of the Gambia, Persons with Disability Act 2021 and the UN Charter on Persons with Disability 

The African Union Protocol calls their attention to the rights of PwDs as a human right and a development issue, and thus the ratification of the said AU Protocol, will further enable the Gambia to continue to create condition that enables people with disability to continue to actively participate in national development.

“Honorable Speaker, I beg to move this motion,” Minister Sabally moved on behalf of the Gender Minister, Fatou Kinteh.

Subsequently, after the debate on the motion, the Gambian parliament considered and ratified the motion on the Protocol to the African Charter on Human and Peoples Rights of Persons with Disabilities in Africa.

During the debate on the motion, the parliamentarians saw ratifying the motion as a prudent decision, adding that Persons with Disability are part and parcel of the Gambia, whose fundamental rights and freedom ought to be protected, promoted, and respected at all times.

This, according to the lawmakers, is the primary objective of the bill, and as such needs to be ratified to ensure the protection, promotion and respect for the fundamental human rights and freedom of persons with disability.