Sunday, December 16, 2012

PWDs’ PROPOSED PROVISIONS IN THE NEW CONSTITUTION TANZANIA

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National, official and other languages 
1)    The State shall––
(a)  promote  and  protect Kiswahili as national language of Tanzania;
(b)   ………..;
(c)   promote  the  development and official use of  Sign  language,  Braille  and  other communication formats and technologies accessible to persons with disabilities.
Under the fundamental Bill of rights
(1)   Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.
(2)    In applying any right, the State shall be guided by the following principles––
(a)   In allocating resources, the State shall give priority to ensuring the widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, including the vulnerability of particular groups or individuals such as people with disability, women and children.
(b)   ……
(3)   Non discrimination
a)    No person shall be discriminated directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language or birth.
b)    To give full effect to the realization of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups such as peoples with disabilities because of past discrimination.
Elections

(2) People with disabilities have the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors and elected for—
(a)  Any elective public body or office established under this Constitution; or
(b)  Any office of any political party of which the citizen is a member
(c)  Peoples with disability to participate as an independent candidates

(3) Every adult citizen with disabilities has the right, without unreasonable restrictions—
(a) To be registered as a voter;
(b) To vote by secret ballot in any election or referendum in a format based on her disabilities.
General principles for the electoral system 
81.  The electoral system shall comply with the following principles––
(c)  fair representation of persons with disabilities;
Legislation on elections
(1)  Parliament shall enact legislation to provide for—
(a)  the  conduct  of  elections  and  referenda  and  the regulation  and  efficient  supervision  of  elections  and referenda,  including  the  nomination  of  candidates  for elections;
(2)  Legislation required by clause (1) (a) shall ensure that voting at every election is—   
(a)  simple; 
(b)  transparent; and
(c)  takes into account the special needs of—
(i)  persons with disabilities; and
(ii)  other persons or groups with special needs. 
(2) The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.

Affirmative action
1)    The State shall take measures, including affirmative action programmes, to ensure that persons with disabilities—
(a)  Access relevant education and training freely;
(b)  Access free health services;
(c)  Access monthly supportive allowance;
(d)  Have opportunities to associate, be represented and participate in political, social, economic and other spheres of life;
(e)  Access employment; and
(f)   Are protected from harmful cultural practices and exploitation.
2)    Promotion of representation of marginalised groups
 Parliament shall enact legislation to promote the promotional representation in Parliament and any decision makinng of— 
(b)  persons with disabilities;
(c)  youth
(d)  women
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