Equality Legislation Impact on Women and Disabled People

JOINT MONITORING COMMITTEE ON IMPROVEMENT OF QUALITY OF LIFE AND STATUS OF CHILDREN, YOUTH AND DISABLED PERSONS
23 February 2007
EQUALITY LEGISLATION IMPACT ON WOMEN AND DISABLED PEOPLE

Chairperson: Ms W Newhoudt-Druchen (ANC)

Documents handed out:
Review Report on the Impact of Equality Legislation on Women and People with Disabilities: Gender
Review Report on the Impact of Equality Legislation on Women and People with Disabilities: Disability Sector
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Audio Recording of the Meeting

SUMMARY
The Parliamentary researchers presented a report on their research into the impact of the Equality legislation and the implementation of measures on the disabled. There was still discrimination against disabled people, and political will was not matched by allocation of funding. Access to employment was a critical area. Equity targets for disabled had not been met by the public sector itself, and therefore not by the private sector. Access to information was another serious concern affecting intellectually disabled people, deaf people and those who were prevented from reaching Council offices. This required urgent intervention, particularly from the Department of Health. Immense difficulties were faced by physically disabled people when using public transport, which in turn affected their ability to access employment, education and housing. Access to buildings, including new buildings, was unacceptable. Children with disabilities were severely disadvantaged in education, as the Department of Education was not facilitating mainstreaming. The policy of Inclusive Education needed to be reviewed. The justice system was also inaccessible to people with disabilities. There was lack of awareness of the Equality Courts. The report recommended interrogation of the Department of Education, engagement with the Department of Transport and with the Public Broadcaster. The disabled sector must be consulted on improvements to existing buildings tenders from this sector should be given preference in construction of new buildings. Members added suggestions that sign language be used on aircraft to explain emergency procedures, that departments should broaden their vacancy advertisements to institutions which trained disabled people, that the lack of disabled people in the tourism industry be investigated, and that researchers should advise the committee exactly which departments had failed to meet the equality targets. The Department of Labour and other defaulting departments should be called upon to account. The Committee should take up the problems of delays and accountability in Workmen’s Compensation with the Department of Labour. The Sheltered Employment Programmes should be further investigated. Disabled individuals should be given preference in certain areas such as housing, and more research was needed in this area. Transport to special needs schools was not readily available.

Members further noted that the request for child-friendly rooms at courts had been denied due to lack of funding, teachers in mainstream schools were not equipped to deal with disabled children, there were numerous practical difficulties for the physically disabled. Teachers at deaf schools were not always using sign language and their interpreters were not funded by the state. The Department of Public Works had access to empty, unused buildings that should be made available to disabled groups. the Department of Housing had not done sufficient research into the accessibility of housing to disabled people The Department of Housing had not done sufficient research into the accessibility of housing to disabled people Trains were inaccessible and so were stations. The taxi recapitalisation programme had only noted that one out of every ten taxis should be disabled-friendly. The Committee asked the Research Unit for further assistance in giving information on new building regulations and on the lack of compliance by departments with the equality targets. All research on housing should be added to the report, together with further information on transport issues, and a recommendation that transport be addressed as a priority. The report would be debated later in the year in the full House.
 
MINUTES
Review Report on the Impact of Equality Legislation on Women and People with Disabilities
Ms Joy Watson, Parliamentary Research Unit summarized the review process and gave an overview of the themes that emerged, specifically those relevant to people with disabilities. She explained that in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act), people with disabilities already had equality in law but that this did not necessarily translate into equal outcomes. The Review aimed to investigate the progress made in bringing about substantive equality, as opposed to merely identical treatment across the board.

The Review highlighted the ongoing prevalence of discrimination against disabled people, particularly in rural areas with poor infrastructure and resources. While progress had been made, it was clear that political will was not matched by allocation of funding and the mainstreaming of these issues had not been successful. Access to employment was still a critical area that needed to be addressed, especially in view of the President’s State of the Nation Address in which he pledged to eradicate poverty. A contributing factor was the finding that equity targets for disabled people in the Training and Skills Development Programmes implemented by the government had not been met. Access to information was another serious concern affecting, in particular, for intellectually disabled people who were at risk of contracting HIV, succumbing to drug abuse or falling prey to emotional or physical abuse. These individuals’ lack of access to information, specifically on HIV/AIDS, required urgent intervention from the Department of Health in stepping up awareness campaigns geared towards them. Deaf and physically disabled people also had difficulty accessing information with poor quality measures currently in place to assist them.

Ms Berenice Makani, Parliamentary Research Unit explained the immense difficulties faced by physically disabled people when using public transport. This affected their ability to access employment and education and made housing interventions for disabled people insufficient in allowing them integration into society. Access to buildings was still a large problem, with even new buildings still being inaccessible. It was found by the Review that companies who were awarded tenders did not comply with regulations and were not monitored. Where there were interventions, there had not been communication with the disabled sector during building, making these interventions useless.

In terms of education, children with disabilities were severely disadvantaged, particularly those with mental disabilities. The new model of education promoted inclusive education in mainstream schools but the Department of Education was not facilitating this. It was suggested that the efficiency of the White Paper on Inclusive Education and the policy of Inclusive Education as a whole be reviewed. The justice system was also found to be inaccessible to people with disabilities and this was worsened by the complete lack of awareness of measures such as the Equality Courts.

The recommendations put forward in the report included interrogation of the Department of Education on its funding of programmes, engagement with the Department of Transport and engagement with the Public Broadcaster to improve the quality of measures taken to increase access to information. It was also recommended that the disabled sector be consulted on improvements to existing buildings and that tenders from this sector be given preference in the construction of new buildings.

Discussion
The Chairperson asked whether the targets for disabled people in training programmes had not been met due to lack or information or to poor accessibility.

Ms H Weber (DA) noted that it was almost impossible for disabled children to be educated in rural areas where bad terrain and lack of ramps made it difficult for them to attend schools.

Ms Weber suggested that sign language be used on aircrafts to explain emergency procedures.

Mr M Moss (ANC) noted that many Departments claimed to attempt to employ disabled people but advertised only to the general public and only in mainstream newspapers. He felt that the Departments could make more effort de by advertising to institutions which train disabled people specifically.

Ms Watson agreed that Departments were not advertising specifically to disabled people and that it was inadequate for these Departments to claim to have attempted to increase equity. However, nothing would change without pressure from this Committee.

Ms J Chalmers (ANC reported that there were no disabled people joining the tourism industry. She found it shocking that government had done nothing about this situation.

Mr Moss asked whether the departments had met the equity targets and said that little could be expected from the private sector if the public sector had failed. He suggested that the departments not meeting targets be identified and interrogated as to what was being done about to rectify the situation.

Ms Watson replied that in general the Departments had not met their targets. The Department of Labour, in particular, was noted to have fallen far short of reaching its target. Each Department had a researcher from the Research Unit to advise and assist and it was suggested that a request be formally made by the Committee to the Research Unit to collate the information gathered by these researchers in order to identify Departments not meeting targets. It was shocking that the public service, which had set the targets, was unable to meet them, leaving little hope for the private sector. It was recommended that the Department of Labour be monitored as this Department had the added responsibility of increasing access to employment. The Department had only spent 57% of the funds allocated to the National Skills Fund and should be called on to account as there was no shortage of resources to improve equity and meet targets.

The Chairperson requested clarity on whether there were monitoring mechanisms in place to ensure meeting of these targets and asked what recommendations could be made to increase efficacy. If there were no such mechanisms in place they should be established as soon as possible. She asked if it was known whether the individuals responsible for carrying out and monitoring equity interventions understood and consulted with disabled people.

Ms Watson replied that the situation was not effectively monitored and while legislation was in place, there were regrettably no repercussions and no oversight, so this was not taken seriously. The Committee could exert pressure and force change by calling the defaulting departments to account.

Mr Moss noted that when people were injured and disabled on duty they were covered by Workmen’s Compensation. However, there were specific incidents at Groote Schuur Hospital where disabled people had been hospitalized for nine months merely while waiting for their assistive devices. This was thought to be the responsibility of the Department of Labour and was an area that needed to be addressed.

Ms Watson replied that there were problems with Workmen’s Compensation with the payouts being either not timeous or inappropriate. There were a number of people disabled while on duty and this was therefore another project for the Committee to take up with the Department of Labour.

Ms P Bhengu (ANC) noted that while the Department of Labour assisted in skills workshops for disabled people, there was no assistance in the placing of these people in the open labour market.

Ms Watson reported that the Department of Labour had been interrogated about the Sheltered Employment Programmes. Some said they should not exist and the Department should instead mainstream these disabled persons. Others argued that the programmes benefited predominantly the previously advantaged individuals. Ms Watson suggested that the Committee formally interrogate the Department of Labour and offer to assist with formulating appropriate questions and documentation before calling in the Departmental representatives.

The Chairperson agreed that this was a good plan and asked for Ms Watson’s further assistance in collating information on all the Departments.

The Chairperson then informed the Committee that all personal issues that had been brought up had been tabled and would form part of the Committee’s programme for the year. Important recommendations had been made which would be discussed and the implementation of these would also form part of the year’s programme.

The Chairperson noted that there was a need for information on the process of compensation for injuries at work. Research and clarification were needed on which Department was responsible and what had caused the delays.

The Chairperson asked whether an Equality Campaign Committee had been established and who was chairing this.

Ms Makani replied that it had been established; Members had just ended their first term. The Chair of the Human Rights Commission chaired it. The Department of Justice and Constitutional Development provided the support. This Committee’s draft reports were reviewed by the Research Unit for the Review Report

The Chairperson then asked whether disability issues had been covered in the reports of the Equality Campaign Committee.

Ms Makani said she could not recall any specific mention of disability in the reports of this committee but would establish whether there was such mention after the meeting. This information would be made available to the Chairperson and any interested members.

The Chairperson reminded Ms Makani that the term “deaf” was preferred to the term “hearing impaired” that had been used in the report.

Ms Makani apologized for the use of incorrect terms throughout the report and would personally ensure that these were corrected.

Ms Weber reported an incident in which a school for children with mental disabilities had offered pottery to the learners. They had had all the necessary equipment and facilities. A teacher had been dismissed from the school and had lodged a complaint with the Commission for Conciliation, Mediation and Arbitration (CCMA). A sheriff had later attached all the pottery equipment leaving the school and the pupils with nothing. These schools should have special protection from the government.

Ms Weber then noted that the request that all courtrooms be equipped with child-friendly rooms had been denied due to lack of funds. She asked whether it should be included in the Budget first, which would mean a re-writing of the Bill, or whether it should rather be included in the Bill and added to the Budget later.

Ms Weber also pointed out that teachers in mainstream schools were not equipped to handle disabled children.

Ms Chalmers suggested that there was a need for clear statistics on each Department and whether the Departments were implementing the Equality Act and taking it seriously. The Committee should review the recommendations made by the Review Report and prioritise them.

Ms Makani replied that most Departments did not report on disability issues in their Annual Reports. It was found, however, that disabled people accessed fewer performance bonuses, pointing to the possibility of unfriendly work environments. She offered to assist with interrogation of the Departments into their statistics and the reporting of these issues.

Mr Moss requested clarity on the regulations around new buildings needing to be made accessible to disabled persons. It was unacceptable that modern buildings did not comply and serious action should be taken against the owners. There would be increased jobs available in undertaking to make these buildings accessible. Mr Moss then reported that many disabled groups were currently operating out of inappropriate buildings while many Departments, such as the Department of Public Works, had access to empty, unused buildings that should be made available. Disabled individuals should be given preference in certain areas such as housing. These individuals should not have to be put onto waiting lists as disabled people living in shacks could often not have their names put on the list at city councils. More research was necessary on Housing and accessibility to disabled people.

Mr Moss also reported difficulties in his constituency with transport to special needs schools. There was such a school in the area but it had no hostel. Since many children could not be integrated into the mainstream schools in the area but lived too far from the special school, transport was a problem needing to be addressed.

Ms Bhengu added that the Department promoted inclusive education but most mainstream schools were not equipped in terms of the practicalities such as ramps. These schools were also often overcrowded and the teachers not trained in educating disabled children. This made it impossible to truly integrate disabled children into mainstream schools. Previously children with disabilities were divided into those with mental disabilities and those without. Children who had only physical disabilities were then sent to mainstream schools where they faced practical challenges and discriminatory attitudes not conducive to learning.

The Chairperson summarised the Members’ questions and comments. Assistance was requested from the Research Unit in providing information on the regulations governing new buildings, such as whether there was a law preventing the building of inaccessible buildings and whether builders were compelled to meet with the disabled sector. The Chair agreed with Mr Moss that disabled people should be prioritized for housing and added that deaf people too faced challenges. These individuals were often illiterate and did not respond to letters sent to them while at the council no interpreter was available to assist them. This meant that they were often put at the bottom of the list. This issue would be discussed with the Department of Housing. It was notoriously difficult for disabled people to make use of the transport system due to complete lack of integration of the stakeholders. An incident was related explaining the enormous challenges faced by disabled people attempting to navigate the public transport system with its wholly inadequate measures to improve accessibility, such as the provision of ramps only on one side of train platforms. The education of disabled children was a challenge not only in mainstream schools but also in deaf schools where teachers refused to use sign language. Instead interpreters were hired as teacher’s assistants. Since these interpreters were not qualified teachers and often did not even have matric, the Department of Education could not fund their salaries. The teacher’s assistants could not further their education due to poor accessibility. The teachers who could sign were the first to leave due to dissatisfaction with pay. It was therefore important that the Department pay the assistants.

Mr Moss commented that though the trains in Cape Town were regarded as the best in terms of accessible transport for the poor, they were completely inaccessible to the disabled. Where the disabled individual could manage to board the train often he could not manage to leave the train station. This made the cheapest form of transport unavailable to those who quite likely needed it the most. Buses, although subsidised by the government, were also inaccessible as they were too high with no ramps or platforms. Taxis were currently undergoing recapitalisation but while the Minister of Transport had promised that every tenth taxi would be accessible, this was grossly inadequate as it still meant that the disabled individual would have to wait while ten taxis passed. The opportunity now existed to make all taxis accessible during the recapitalisation process as it would be too late when this was completed.

Ms Makani explained that the Department of Housing had not done sufficient research into the accessibility of housing to disabled people and the Research Unit had had to rely on newspaper articles to find information. She recommended that when the Committee engaged with the Department of Housing specific questions be raised about the lack of research and the reasons for lack of qualitative statistics and figures.

The Chair reported a situation in which a deaf couple had wanted to adopt a baby but found the social worker discriminatory. Ms Weber agreed that there was a widespread notion that deaf people were intellectually inferior and that education of the public was needed.

The Chair closed by thanking the researchers and instructing that all original research on housing be added to the report. More research on transport issues should also be added, and access to transport should be emphasised as a priority in the recommendations. The recommendation that every taxi be made accessible during the recapitalisation process should be added. The other issues raised should be incorporated. This completed report would then be debated in the House during the course of the year. Members pledged their support.

 The meeting was adjourned.