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"id": 1111223,
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"type": "speech",
"speaker_name": "Yatta, Independent",
"speaker_title": "Hon. Charles Kilonzo",
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"id": 46,
"legal_name": "Charles Mutavi Kilonzo",
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"content": "Hon. Temporary Deputy Speaker, the Protocol on the rights of older persons in Africa was adopted on 30th January 2016. It seeks to promote, protect and ensure the full and equal enjoyment of all human and persons’ rights of older persons and to ensure respect to the inherent dignity taking into consideration African traditions, values, customs and practices. The Protocol on the rights of persons with disabilities in Africa was adopted on 29th January 2018. It seeks to promote, protect and ensure the full and equal enjoyment of all human and people’s rights by all persons with disabilities and to ensure respect to their inherent dignity. The protocol recognises the rights and freedoms of persons with disabilities in society as well as duties of persons with disabilities and seeks to address issues that have the most disproportionate impact such as poverty, systematic discrimination and harmful practices. In terms of duties, the Protocol recognises that persons with disabilities have duties, on an equal basis, with other persons as elaborated in the African Charter. To date, nine countries have signed the Protocol while no country has ratified yet. If we ratify, we will be the first country and that will be a great move. Hon. Temporary Deputy Speaker, pursuant to provisions of Article 118 (1) (b) of the Constitution on public participation and Section 8 (3) of the Treaty Making and Ratification Act, 2012, the Committee placed advertisement in both local dailies of nationwide circulation on 5th July 2021 requesting for submissions of memorandum on the subject. The Committee received a memorandum in support of the Protocol on the Rights of Persons with Disabilities. Further, the Committee has deliberated with the Departmental Committee on Labour and Social Welfare and other national agencies involved with persons living with disabilities in recognition of the crosscutting nature of the Protocols. There are many obligations imposed by the Charters, but I will touch on three. Upon ratification, Kenya will be required to recognise the rights and freedoms of older persons as enshrined in the Protocol; subject to periodic reports on the implementation of the Protocol and develop and review existing legislation to ensure older persons receive equal treatment and protection of the law, access to health services, education accessibility needs, among others. Hon. Temporary Deputy Speaker, on the Protocol on the Rights of Persons with Disabilities, Kenya will be required to ensure that people with disabilities are not discriminated against and that they enjoy equality, equal protection and equal benefit of the law. When I came here in 2003, I did not know where you were, but you know where you were because I know you were there. The writings at the entrance of this House were, in capital letters, “FOR THE JUST GOVERNMENT OF MEN”. This House did not have a single person who was physically challenged, blind or with a disability condition. There were barely 20 women. It is true that the new Constitution tried to bring some sense in the House. We cannot say we are representing people while the representation does not reflect the face of the country. What these two Protocols are trying to do is to look at these two minorities, the older persons and people living with disabilities, to ensure they enjoy what other people are enjoying. So, on the rights of persons living with disabilities, it is basically to ensure they enjoy the same rights. On financial implications, the implementing agencies submitted that the two Protocols will have no further budgetary implication. Implementation will be catered for along the already existing Budget lines. So, we do not need more funding. It does not mean there will be more money required from the exchequer. The Committee’s observations were, very briefly, as follows: The Committee noted provisions of the two Protocols are already reflected in the laws of Kenya through the Constitution, in particular Article 10 (1) (b). Secondly, the Persons with Disabilities Act No.14 of 2003 provides for the rights and rehabilitation of persons living with The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}