Are they not Nigerians? The obligation of the state to end discriminatory practices against persons with disabilities
| Published date | 01 June 2019 |
| Author | Augustine Edobor Arimoro |
| Date | 01 June 2019 |
| DOI | 10.1177/1358229119846764 |
| Subject Matter | Articles |
Article
Are they not Nigerians?
The obligation of the state
to end discriminatory
practices against persons
with disabilities
Augustine Edobor Arimoro
Abstract
Nigeria has ratified several international instruments that protect the rights of, and guar-
antee freedom from discriminationof persons with disabilities (PWD). Despite the above,
the country is yet to fully implement the appropriate measures required to achieve the
objective of protecting PWD. Successive administrations since the return to civil adminis-
tration in thecountry in 1999 have not fulfilledthe mandate in the 1999 Constitution of the
FederalRepublic of Nigeria(as amended) dealing with disabilityrights. Whilethe passing into
law in January2019 of the DiscriminationAgainst Persons with Disabilities(Prohibition)Act
2018is commendable, it onlyreflects the pressureon the Federal Governmentof Nigeria by
disability rightsadvocates and PWD. This article aims to,among others, highlight the plight
of PWD in Nigeria, the need to protect their rights and guarantee their freedom from
discriminatory practices. To achieve this aim, a review of international and domestic
instruments,as well as literatureon the subject, is undertaken. The articleproposes that the
Nigerian government should aim towards inclusivity and accommodation of PWD. For
example,instead of merelyestablishing specialschools for PWD, thereshould be a design to
allow for the trainingof teachers to meet the needs of special children in regular schools.
Keywords
Disability rights, equality, non-discrimination, access to justice, legal capacity, Nigeria
Faculty of Law, University of Cape Town, Cape Town, South Africa
Corresponding author:
Augustine Edobor Arimoro, Faculty of Law, University of Cape Town, Cape Town, Western Cape
7741, South Africa.
Email: augustine.arimoro1@gmail.com
International Journalof
Discrimination and theLaw
2019, Vol. 19(2) 89–109
ªThe Author(s) 2019
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1358229119846764
journals.sagepub.com/home/jdi
Introduction
Persons with disability (PWD) are often the subject of discrimination and other forms of
unfavourable treatment because of their disability even in developed countries (US
Equal Employment Opportunity Commission, 2018). Globally, ‘peopl e with disabil-
ities ...are regularly excluded from society and, in some jurisdictions, even need to
fight for the right to life’ (Harpur, 2012, p. 2). The question that comes to mind is this,
do PWD deserve to be treated as less human because of their physical or mental con-
dition? The answer to this question is the reason why state actors and non-state actors
agree for the need to entrench equality rights. This article examines, in the Nigerian
context, the treatment of PWD in the country by using various themes. These include
their access to education, employment, justice and social amenities. The aim is to bring
to the fore the issue of discrimination against PWD in Nigeria and the need for govern-
ment at the national and subnational levels to implement a legal and policy regime where
the rights of PWD would be protected and where their freedom from discrimination is
guaranteed.
The motivation for this study stems from the knowledge that about 16%of the world’s
population is challenged by one form of disability or the other (Raub et al., 2016). In the
case of Nigeria, out of a population of 198 million (National Population Commission,
2018), an estimated 28 million persons are living with a disability (Etieyibo and
Omiegbe, 2016). This is a significant number of the population. There is, therefore, the
need to champion their rights to non-discrimination and equality in the scheme of things
in the country. The plight of PWD is becoming of great concern around the world. This
has led to proactive steps being taken to address issues ranging from discrimination to
deprivation. In advanced countries like the United States and the United Kingdom (UK),
there are structured measures in place to protect PWD and to ensure that they are free
from discriminatory practices. In the UK, for example, the rehabilitation and employ-
ment right of PWD are anchored on the Disability Discrimination Act 1995. The Act
requires that employers of labour with more than 20 workers must ensure that at least 3%
of their workforce are PWD. In the same vein, the Disability Rights Commission Act
1999 establishes the Disability Rights Commission (DRC). The DRC, among others, is
charged with working towards the elimination of discrimination against PWD and pro-
moting the equalization of opportunities for PWD. Unfortunately, Nigeria still lags
behind in ensuring equality and non-discrimination against PWD. Therefore, this article
attempts to consider whether the situation in Nigeria does not further incapacitate PWD.
This article is divided into six sections based on different themes with an aim to address
the plight of PWD in Nigeria and to suggest a proactive approach in protecting the rights
of PWD.
Clarification of key concepts
To begin with, it is not out of place to define wh at ‘disability’ is. Similar to other
concepts in the social sciences, no writer has, and none can offer, a universal definition
for disability that would put to rest every other attempt to define the term. Disability is
described as a ‘complex, dynamic, multidimensional and contested’ term and nearly
90 International Journal of Discrimination and the Law 19(2)
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