THE KENYA PSYCHOSOCIAL DISABILITY WATCH EDITION - JAN 2013

elcome to the First edition of the USPKenya Quarterly Newsletter 2012/13. We would like to thank our Board, staff members, partners and donors who have supported us in advancing and promoting the rights of persons with psychosocial disability in Kenya. The promulgation of the Constitution of Kenya 2010 (CoK2010) and the ratification of the CRPD (Convention on rights for Persons with Disability) by our country in 2008 present an enormous opportunity for the immediate and progressive realization of the rights of persons with disability in Kenya

USPKenya has been operating in Kenya for the past 5 years and has transformed the lives of persons with psychosocial disabilities especially through influencing policy and legislation, rights-based advocacy and also through participatory public education programs using different media such as TV, radio, newspapers, magazines and internet on mental health issues. USPKenya has also participated in international conferences and other forums.

ABOUT USPKENYA
Users and Survivors of Psychiatry in Kenya (USPKenya) is a nongovernmental organization that was established and registered in Kenya in the year 2007. It is a membership organization whose major objective is to promote and advocate for the rights of persons with psychosocial disabilities (mental health conditions) in Kenya. The organization is affiliated with the World Network of Users and Survivors of Psychiatry (www.wnsup.net) and its African affiliate the Pan-African Network of Persons with Psychosocial Disabilities (PANUSP - www.panusp.org).

VISION

A world in which persons affected by mental health conditions are not only treated with honor and dignity, but realize their potential.

MISSION

To be the worlds leading forum and voice of people affected by mental health conditions, to promote their rights and interests.
Kenya Psychosocial Disability Watch Edition January 2013

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PROJECT OVERVIEW: COMPREHENSIVE RIGHTS AND EMPOWERMENT FOR PERSONS WITH PSYCHOSOCIAL DISABILITIES IN KENYA
This project seeks to improve the capacity of people living with psychosocial disability in Kenya to understand and claim their rights as contained in the Constitution of Kenya 2010 (CoK) and the Convention on Rights of Persons with Disability (CRPD) which Kenya ratified in 2008.
he project will also enhance the recognition of the rights of Persons with Psychosocial Disability (PPD) in Government policies and in public community systems. This project commenced in September 2012 and is expected to run for one year till September 2013. The project is funded in part by the Open Society Foundation (The Open Society Foundations work to build vibrant and tolerant democracies whose governments are accountable to their citizens.) through its Disability Rights Initiative (DRI) and iFred (International Foundation for Research and Education on Depression). The following key activities have been implemented through this program: Experts by Experience (Peer Support Initiative)

Andrew Amadi with a guest at the Awards Ceremony in US

Nairobi County
The Nairobi Peer support group meets twice every month on alternate Saturday mornings. The age bracket is between 20 to 40 years of age. The group mostly consists of professionals who are users and survivors with a balance between genders with a total number of 38 registered members. It is the most empowered group because they are already participating in various advocacy initiatives in the media. We would like to take this opportunity to congratulate Mr. Andrew Amadi one of our support group member for Nairobi County peer support group on being awarded Legend 2012 by the Association of Energy Engineers. He
Andrew Amadi with H.E. Ambasador to Kenya in US

received the award in Atlanta, Georgia late last year (2012) This is in line with Article 27 of the CRPD on the right to the opportunity to gain a living by work freely chosen or accepted in a labor market and work environment that is open, inclusive and accessible to persons with disabilities. Andrew is a Consultant Chemical Engineer specializing in Renewable Energy in the Energy Sector in Kenya and with the invaluable support and reasonable accommodation from his employer, hes able to realize his full potential and participate in work and employment on an equal basis with others. Link to the interview with Jeff Koinange on K24 Television Station Part 1: http://www.youtube.com/watch?v=PoszNLRQRdg Part 2: http://www.youtube.com/watch?v=8LBH9JQuzCs Part 3: http://www.youtube.com/watch?v=t4vmLzLzkjw Part 4: http://www.youtube.com/watch?v=5kQamc6G-LI

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Kenya Psychosocial Disability Watch Edition January 2013

Kiambu County
his peer support group is based in Lusigetti area and meets at the Local Chief s Office compound every first Friday of the month. It comprises of about 20 members of which some are carers and the majority users/survivors (persons with psychosocial disability). Most of the members are elderly women engaged in various self help activities such as subsistence farming and livestock rearing. This group is duly registered as a self help group by the Ministry of Gender and Social Services. The members contribute a certain amount every month, part of which is for saving as well as for soft loans which are repaid with a 10% interest. This is helpful for them because of the pooling of resources as a group, which enables them to meet some of their daily needs as well as invest the money borrowed in small scale businesses.

Nyeri County
This group is based at the Karatina District hospital where they meet every month. Most of the members are involved in small scale businesses within Karatina town. This has enabled most of them to live independently since they are able to earn a livelihood from their businesses. The group is officially registered and operates a bank account where they deposit their savings every month.

(Kiambu County Support Group pose with Kanyi Gikonyo in the Background Photo Taken by Michael Njenga)

Michael Njenga (USPKenya Head of Programs) with the Nyeri County Peer Support Group held at the Karatina District Hospital

Michael Njenga (USPKenya Head of Programs) at a home visit for one of the members (Beatrice) and her support person in the Kiambu County Support Group

We would like to recognize the efforts of this group, particularly Mr. Andrew Kimondo for his efforts in spearheading advocacy for their rights with the local administrative authorities who have requested them to submit a proposal on the kind of activities they would like to engage in. Mr. Kimondo is a graduate teacher and lives with a psychosocial disability and is an official of this group. Eldoret County (To be launched later in the year) Nakuru County (To be launched later in the year)

Beatrice is an 84 year old lady with a psychosocial disability who is active in marathons for the elderly as well as a rearer of livestock and subsistence farming. This is the ultimate proof that even older persons with psychosocial disability can participate in the society on an equal basis with others. Through an initiative supported by Basic Needs UK in Kenya, she has been able to improve her standards of living by

engaging in a livelihood project. This has enabled her to participate in her community, live independently and also make her own decisions just like any other person in the society. Her story is a clear indication of ability despite the intersection of disability, gender and vulnerability as an elderly person when the relevant support and accommodation are available within a community setting.

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LEGISLATION AND POLICY

BY MICHAEL NJENGA (USPKENYA HEAD OF PROGRAMS)

1. Monitoring the rights of persons with disabilities

rticle 33(2) of the United Nations Convention on Rights of Persons with Disability (CRPD) States that: States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights. USPKenya was involved in monitoring the rights of persons with disabilities in Kiambu County in the year 2012. The principal objective being to monitor compliance with the CRPD and the mainstreaming of rights of persons with disabilities in implementation of the Constitution of Kenya 2010. The monitoring visit was conducted with a team from the Kenya National Commission on Human Rights (KNCHR) which was appointed by the Attorney General in February 2011 as the monitoring body under Article 33(2) of the CRPD. Additionally Article 33(3) of the CRPD requires that civil society in particular Persons with Disability (PWD) and their representative organizations be involved and participate fully in the monitoring process. The organization was nominated by UDPK (United Disabled Persons of Kenya) to represent DPOs (Disabled Persons Organizations) in monitoring the rights of PWDs in Kiambu County. The monitoring report will be released later by the Kenya National Commission on Human Rights (KNCHR)

2. Legal Aid Bill 2012

Legal aid broadly includes legal advice, assistance, representation, education and mechanisms for alternative dispute resolution. It also includes a wide range of stakeholders, such as non-governmental organizations, professional bodies and academic institutions. It is defined as the provision of legal advice, legal awareness, legal assistance or representation to the litigants. USPKenya in collaboration with KAIH (Kenya Association for the Intellectually Handicapped) submitted three position papers with technical support from the Open Society Foundation (DRI-Disability Rights Initiative) and the Open Society Initiative for East Africa (OSIEA) Legislating the Legal Aid Bill 2012 provides an opportunity to ensure access to justice for persons with insufficient means to pay for legal services, and those marginalized

or more vulnerable than others to injustice. Persons with disabilities are at greater risk of violation of their rights. They are also disproportionately represented among the poor. The Legal Aid Bill should guarantee them independent access to apply for legal aid, as well as where necessary and required support and accommodations in applying. The organization participated in several stakeholders consultative and validation meetings on the Legal Aid Bill including a retreat that was held at the Great Rift Valley Lodge in Naivasha. USPKenya hopes that the Legal Aid Bill will be adopted by the 11th Parliament as part of the Laws of Kenya in line with the implementation of the Constitution of Kenya 2010 and other obligations created under the international law like the CRPD.

National Validation Workshop on Draft Legal Aid Bill

NALEAP / ICJ-KENYA

28th -29th June 2012, Great Rift Valley Lodge & Golf Resort, Naivasha.

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Kenya Psychosocial Disability Watch Edition January 2013

3. Criminal Justice
ccess to justice is a fundamental right that is enshrined in most Human Rights Instruments. Persons with Disabilities like every other member of society find themselves in the Criminal Justice system either as witnesses, victims, people accused or suspected of a crime and people convicted of a crime. Article 48 of the Constitution of Kenya 2010 guarantees access to Justice to all persons including Persons with Psychosocial Disabilities. Some of the key challenges that are experienced by persons with psychosocial disability in the Criminal Justice system include: a. The arresting, investigating, prosecuting, sentencing and probation officers sometimes have no capacity to understand or communicate effectively which can lead to wrongful incarceration. The application of human rights are key areas of concern especially for those with psychosocial and intellectual disabilities. The Criminal Procedure Code (CPC) of Kenya details in section 166(2) that anyone suspected of a mental disorder and threat to society should be placed in custody or prison. This arbitrary application of the law criminalizes psychosocial disability. Moreover capital offences are referred to mental health facilities for assessments (evaluation) first before the case is heard in a court of law.

Working with Young Offenders on the Juvenile/Criminal Justice Systems in Kenya Reviewing a draft manual for Training Officers in the Criminal Justice system in order to make them more responsive to the needs of PWDs in Kenya through an initiative coordinated by UDPK

Criminal Justice Reforms in the New Constitutional Dispensation: Challenges and Opportunities in the Alternative Measures to Imprisonment Held in Nakuru at Bontana Hotel 31/07/2012 03/08/2012. Sponsored & Organized by Kenya Government Probation Department & Open Society Initiative for East Africa (OSIEA)

b.

Kanyi Gikonyo (USPKenya CEO) Chatting with OSIEA Program Officer Boaz Muhumuza During Tea Break at the Criminal Justice Reforms Workshop July 2012

4. CRPD Parallel reporting

Article 33(National implementation and monitoring) of the CRPD provides a basis for monitoring the CRPD. This is supported by Article 34 which establishes the CRPD committee that receives and considers reports by state parties and by civil society organizations, including Human Rights Institutions to establish the progress made in the implementation of the CRPD and the level of compliance. Civil society organizations can submit parallel reports once the State has submitted its own report. The main objective of a parallel report is to strengthen the capacity of the Committee to draw accountability from government and represent the real voices of persons with disabilities that may not be reflected in a government report. Through a coalition of DPOs UDPK constituted a team to facilitate the preparation of this report. This provided an opportunity to engage with other organizations working with persons with various disabilities in order to share best practices, challenges and also barriers that are being encountered by persons with disabilities in the realization of their rights as encapsulated in the CRPD. USPKenya was invited to sit in the technical committee representing persons with psychosocial disability in the parallel reporting process. It is our sincere wish that this report will highlight key issues of concern and makes strong recommendations at the national level inorder to promote and enhance the rights of persons with psychosocial disability in Kenya.
Kenya Psychosocial Disability Watch Edition January 2013

USPKenya has participated in several forums involving the Criminal Justice in Kenya, notably: The organization was invited by the Probation Department to make a presentation on the rights of persons with psychosocial disabilities as enshrined in the Constitution of Kenya 2010, the CRPD and the PWD Act 2003.

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UDPK CRPD Validation Workshop 30th July 2012 at Sarova Panafric Hotel, Nairobi

5. Legal Capacity
enya ratified the Convention on the Rights of Persons with Disabilities in 2008. By virtue of Article 2 (6) of the Constitution of Kenya 2010, the Convention now forms part of the laws of Kenya. Even after adoption of the Convention in 2006, legal capacity remains incredibly challenging as an area of rights to implement. Kenyas policy makers and implementers have not understood the full implications of Article 12 of the Convention more so the shift from substituted decision making to supported decision making for persons with disabilities especially those with high support needs. Persons with psychosocial disabilities continue to be deprived of their legal capacity more so when they are in a crisis. During such situation decisions are normally made on their behalf by family members, close relatives or

even medical professionals without their free and informed consent. Additionally due consideration is neither given to the persons will and preferences nor any attempt made to ascertain their will and preferences. It is extremely important to recognize the legal capacity of Persons with psychosocial disability on an equal basis with others in every sphere of their life and provide the relevant support and accomodations in the exercise of their legal capacity. Being recognised as someone who can make decisions is key in taking control over ones life and participating in society on an equal basis with others. Having legal capacity enables us to make decisions ranging from choosing where and with whom to live with, to everyday decisions on whom to visit or what kind of work we want to engage in and also to consent to/refuse medical treatment. Without this we are not persons in the eyes of the law and our decisions have no legal force.

This merger of our personhood in decision making with that of someone elses results into our civil death. USPKenya has been working with the Kenya National Commission on Human Rights (KNCHR) and other stakeholders in developing a suggestion paper on the realization of Article 12 of the CRPD in Kenya and it is our sincere hope that once the paper is officially launched it will offer a framework that will help different stakeholders to understand the implication of Article 12 for persons with disabilities in Kenya. There is an opportunity also to review our municipal laws and make them compliant with Article 12 of the Convention on the Rights of Persons with Disability. The organization has also participated in a research on legal capacity by the Mental Disability Advocacy Center (MDAC) with the report also expected to be launched later in the year.

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Kenya Psychosocial Disability Watch Edition January 2013

CRPD ARTICLE BY KANYI GIKONYO (CEO USPKENYA) HUMAN RIGHTS AND DISABILITY

Nairobi Peer Support Group Members with a visiting guest Roos Korste

Human rights are rights and freedoms that belong to all people. Human rights are: 1. 2. Inherent - they apply to each person because they are human, Inalienable - you cannot give them up and others may only interfere with them in certain cases (for example your right to liberty may be restricted if a court finds you guilty of a crime), Universal - they apply to everyone regardless of race, sex, language, religion or disability (including mental health problems) or other differences, and

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Interdependent and indivisible - they are equally important and often one human right is needed to enjoy another.

The Constitution of Kenya (CoK2010) recognizes these difficulties as per Article 260(Interpretation) that defines disability in the following way disability includes any physical, sensory, mental, psychological or other impairment, condition or illness that has, or is perceived by significant sectors of the community to have, a substantial or long term effect on an individuals ability to carry out ordinary day-to-day activities; Article 54 of CoK 2010 references persons with disabilities as right holders by highlighting their inherent dignity (virtue of being human entitles one to rights) and in Part 1 (a) reads verbatim:
Kenya Psychosocial Disability Watch Edition January 2013

STATUS OF PERSONS WITH DISABILITIES IN THE WORLD

Women, men and children with disabilities are too often amongst the most marginalized in all societies and face unique challenges in the enjoyment of their human rights. For a long time it was assumed that such challenges were the natural and unavoidable consequence of their physical, mental, intellectual or sensory impairment.

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54. (1) A person with any disability is entitled (a) to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning; A person with disability may be regarded as such in one society or setting, but not in another. In most parts of the world, there are deep and persistent negative stereotypes and prejudices against persons with certain conditions and differences. These attitudes determine who is considered to be a person with a disability and perpetuate the negative image of persons with disabilities. The language used to refer to persons with disabilities plays a significant role in creating and maintaining negative stereotypes. Terms such as crippled, imbecile, wazimu, crazy or mentally retarded are clearly derogative. Others, such as wheelchair-bound, emphasize the disability rather than the person. Persons with disabilities are still primarily viewed as objects of welfare or medical treatment rather than holders of rights. The decision to add a universal human rights instrument specific to persons with disabilities was borne of the fact that, despite being theoretically entitled to all human rights, persons with disabilities are still, in practice, denied those basic rights and fundamental freedoms that most people take for granted. The adoption and the entry into force of the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol (2006) challenge such attitudes and mark a profound shift in existing approaches towards disability. In the Convention, the focus is no longer on a perceived wrongness of the person, with the impairment seen as a matter of deficiency or disease. On the contrary, the Convention views disability as a pathology of society, that is, as the result of the failure of societies to be inclusive and to accommodate individual differences. Societies need to change, not the individual, and the Convention provides a road map for such change.

Mike Njenga

Kanyi Gikonyo CEO USPKenya

disability means a physical, sensory, mental or other impairment, including any visual, hearing, learning or physical incapability, which impacts adversely on social, economic or environmental participation; discriminate means to accord different treatment to different persons solely or mainly as a result of their disabilities and includes using words, gestures or caricatures that demean, scandalise or embarrass a person with a disability; The Convention on the Rights for Persons with Disability (CRPD) is the first United Nations human rights treaty to be adopted in the 21st century and is reputed to be the most rapidly negotiated ever. The international community has also received the CRPD with unprecedented early enthusiasm. Eighty-one states and the European Union signed the CRPD at its opening ceremony on 30 March 2007 the highest number of opening signatures recorded for any human rights treaty. Forty-four states also signed the Optional Protocol. As at the end of December 2007, 120 states had signed the CRPD and 67 states had signed its Optional Protocol.

The CRPD is an international treaty that Kenya ratified as a Member State in 2008 and as such forms part of the Laws of Kenya as per the reception clause in CoK 2010 under Chapter 1 (Supremacy of the Constitution) Article 2(6) that states verbatim: 2(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution. Kenya has not ratified the Optional Protocol to the CRPD . Also interesting to note is on the preceding part (5) of Article 2 that states: 2(5) The general rules of international law shall form part of the law of Kenya. The Persons with Disabilities Act 2003 also has a definition of disability and of discriminate

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Kenya Psychosocial Disability Watch Edition January 2013