The 2016 Draft African Disability Protocol (ADP)

The African Commission adopted the draft African Disability Protocol (ADP) during its 19th extraordinary session in February 2016.650 _{However, there is} increasing criticism against the African RHRS for its continued reliance on

645 _{Office of the United Nations High Commissioner for Human Rights, ‘Making peace our own Victims’}

Perceptions of Accountability, Reconciliation and Transitional Justice in Northern Uganda’, United Nations 2007, pg. 15

646 _{International Committee of the Red Cross Physical Rehabilitation Programme, Annual Report 2013}

Switzerland. See also. International Committee of the Red Cross (ICRC) Physical Rehabilitation Programme Annual Report (July/2012) Support for life ICRC, Physical Rehabilitation Unit ICRC Report

<https://www.icrc.org/eng/assets/files/publications/icrc-002-4160.pdf> (accessed 5/January/2017). See also. International Committee of the Red Cross, ‘Humanity in Action’ Annual Review 2016, Geneva, Switzerland. pp. 18-19.

647 _{Resolution 305, on accessibility for persons with disabilities -ACHPR/Res.305 (EXT.OS/XVIII) 2015.} 648 _{Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually}

Impaired, or Otherwise Print Disabled adopted on June/27/2013, Available at

<http://www.wipo.int/wipolex/en/details.jsp?id=13169> (Accessed 27/December/2017).

649 _{T. Chataika, F. Kallon and G. Mji, ‘African Policy on Disability and Development (A-PODD) project in Sierra}

Leone’, (The Global Health Press, October 2011) pp. 3, 8. See also. M. dos Santos‐Zingale and M. Ann McColl, ‘Disability and Participation in Post‐conflict Situations: The case of Sierra Leone, Disability & Society, (2006) 21:3, pp. 243-257. See also. See also. International Committee of the Red Cross (ICRC), ‘ICRC supports new physical rehabilitation centre in Sudan’, 11/August/2016.

650 _{Draft Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with}

Disabilities in Africa, (hereafter African Disability Protocol) adopted at the 19th Extra-Ordinary Session of the African Commission on Human and Peoples' Rights held between 16-25 February 2016 in The Gambia, Available <http://www.achpr.org/news/2016/04/d216> (Accessed 6/June/2017).

153 rehabilitation centred disability duties,651 _{bearing in mind that such a duty echoes an} individual model of disability, as already noted in earlier discussions. To that end, the current provisions under the ADP, apply State obligations based on ideas of the individual model with an explicit reference to a post-conflict rehabilitation duty.652 _The ADP provides for,

“[…] ensuring that persons with disabilities are consulted in all aspects of planning and implementation of post-conflict rehabilitation.” 653

The ADP is impliedly framing the above obligation in a jus post-bellum context with a view of obliging States to consider persons with disabilities in the course of planning, and implementing measures, for post-conflict rehabilitation. Perhaps the above obligation of the ADP tries to address some of the jus post-bellum concerns highlighted by scholars such as; Habasch,654 _{Kabbara and Nagata,}655 _and

Businge,656 _{whose question the developing trend of using UNHRTBs as a means of} internationalising the application of a social rights model, because of its

incompatibility in responding to the salient nature of problems faced by persons with disabilities, within post-conflict States.657

The draft ADP also applies the individual model of disability by alluding to community-based rehabilitation (CBR) and clarifying its importance in post-conflict

651 _{S.A. D. Kamga, ‘A call for a Protocol to the African Charter on Human and Peoples’ Rights on the Rights of}

Persons with Disabilities in Africa’, African Journal of International Comparative Law (2013) 21 pp. 219, 249. See also. F. Abbay, ‘An evaluation of disability human rights under the African regional human rights system’, African Journal of International and Comparative Law, (2015) 23 (3) pp. 477, 502. See also, H. Combrinck, ‘Regional Developments: Disability rights in the African Regional Human rights System during 2011 and 2012’, African Disability Rights Yearbook (2013) 1 pp. 363, 368.

652 _{African Disability Protocol Article 7(b).} 653 _{Ibid. Article 7(b).}

654 _{R. Habasch, ‘Is the Rights Model of Disability Valid in Post-conflict Lebanon? A Participatory Pilot Survey’,}

Journal of Palestine Studies (1997) 27 (1) pp. 126,135.

655 _{K. K. Nagata, ‘Disability and Development: Is the Rights Model of Disability Valid in the Arab Region? An}

Evidence Based Field Survey in Lebanon and Jordan’, Asia Pacific Disability Rehabilitation Journal (2008) 19 (1) pp. 60, 78. See also. M. Berghs and N. Kabbara, Disabled People in Conflicts and Wars. In Disability in the

Global South: the Critical Handbook. S. Grech and K. Soldatic, (eds.) (London, Springer, 2016) pp. 269-285. 656 _{P. Businge, ‘Disability and armed conflict: A quest for Africanising disability in Uganda Disability and the}

Global South, (2016) 3(1) pp. 816-842.

657 _{W. Boyce, ‘Adaptation of Community Based Rehabilitation in areas of armed conflict’, Asia Pacific Disability}

Rehabilitation Journal (2000) 1 (11). See also. A. H. Eide, ‘Community Based rehabilitation in Post-conflict and Emergency Situations’, in Trauma Rehabilitation after War and Conflict: Community and Individual Perspectives E. Martz (ed.) (Springer, 2010) pp. 97-110.

154 States such as; Angola,658 _Ethiopia,659 _Libya,660 _{among other States in this RHRS. It} is important to remember that this is a human rights system where several

communities have experienced the impact of armed conflicts and its disabling consequences. This informs the model and approach through which the African Commission frames and contextualises the most important duties of post-conflict African States. The African Commission seems to implicitly undertake the above role through the ADP, where it provides that State Parties shall have a duty;

“[..] ensuring that CBR services are provided in ways that enhance the participation and inclusion of persons with disabilities in the community.” 661

This is, in many respects, similar to Boyce’s argument of advocating for CBR in post-conflict contexts.662 _{Eide reinstates the importance of approaching disability} based upon CBR,663 _{especially if such an obligation is given to States Actors that} also involve communities which deal with problems of post-conflict disabilities.664

The individual and medical models of disability have continued to be applied by the proposed obligations of the ADP. More important than the aspect of assigning duties to post-armed conflict States, however, is to clearly address the novel

658 _{P. J. Gomes and J. Clover, ‘The Peace dividend in Angola: Strategic Implications for Okavango Basin}

Cooperation’, in Transboundary Rivers, Sovereignty and Development: Hydropolitical drivers in the Okavango

River Basin, A. Turton, P. Ashton and E. Cloete (Eds.) African, (Water Issues Research Unit and Green Cross

International African Water Issues Research Unit and Green Cross International, 2003) pp. 65-82 at pp. 72 · See also. Human Rights Watch, ‘Forgotten Fighters: Child Soldiers in Angola April’, (2003) 15 10 (A) pg. 7.

659 _{M. Plant, ‘Towards a cold peace? The outcome of the Ethiopia‐Eritrea war of 1988 ‐ 2000’, Review of African}

Political Economy, (2001). 28 (87) pp. 126, 129. See also. Ploughshares Project, ‘Armed Conflicts Report

Ethiopia-Gambella’, Waterloo, Ontario, January/2009.

660 _{HQ/PEC/ERM/SCT/2015.9/PHRA, from the, ‘Humanitarian Crisis in Libya Public Health Risk Assessment and} Interventions’, (WHO, 2015) pp. 12, 15. See also. A. Lere, ‘Libya's Implosion and its Impacts on Children,’

Journal of International Women's Studies, 14(5), pp. 67, 79. Available at:

http://vc.bridgew.edu/jiws/vol14/iss5/5. (Accessed 12/August/201)6.

661 _{Draft African Disability Protocol , Article 10(2)(e)}

662 _{W. Boyce, ‘Adaptation of Community Based Rehabilitation in areas of armed conflict’, Asia Pacific Disability}

Rehabilitation Journal (2000) 1 (11).

663 _{A. H. Eide, ‘Community-based Rehabilitation in Post-Conflict and Emergency Situation’, in E. Martz (ed.)} Trauma Rehabilitation after War and Conflict: Community and Individual Perspectives (Springer, New York, NY

2010) pp. 97-110.

664 _{T.A. Campbell, T.E. Picket and R.E. Yoash-Grant, ‘Psychologic Rehabilitation of US Veterans’, in Trauma} Rehabilitation after War and Conflict: Community and Individual perspectives E. Martz (ed.) (Springer, 2010)

pp.159-176. See also. A. Maedl, E. Schauer and et al., Psychological Rehabilitation of Ex. Combatants in Non- Western Post Conflict Settings’, in Trauma Rehabilitation after War and Conflict: Community and Individual perspectives, E. Martz (ed.) (Springer, 2010) pp.177-124. See also. McDonald, ‘Psychosocial Rehabilitation of Civilians in Conflict affected settings’, in in Trauma Rehabilitation after War and Conflict: Community and

155 approach of the ADP by demonstrating how the armed conflict, and the

characterisation of its disabling situations, would necessitate placing slightly more emphasis on the approach of rehabilitating individuals. This novel approach of the ADP is distinguishable from that of the CRPD, because Article 11 remains largely unclear on models for conceptualising jus post bellum obligations associated with disability. The obligation of post-conflict rehabilitation, if well monitored, might be important in reminding post-conflict African States, such as Uganda, of their

rehabilitation duties to ‘Mr/Miss A’ in the tables illustrated under the previous section of this chapter.