The Constitution of Nepal defines persons with disabilities as persons who are mentally or physically unable or incompetent to lead a normal life.
Different studies have defined disability classification in their own context. However, the standard definition as adopted and approved under the committee formed under the Protection and Welfare of Disabled Persons Act, 2039 is defined as follows:
According to a study performed by New ERA in conjunction with UNICEF in 1999 - 2000, under the auspices of the National Planning Commission of Nepal, the definition considered a person to be disabled if the person could not perform the daily activities of life considered normal for a human being within the specified age and where the person needed special care, support and some sort of rehabilitation services. This definition focused on the priority group of services, policy and program formulation.
Accordingly, the study classified disabilities under four broad categories, namely, a) communication disability, b) locomotion disability, c) mentally related disabilities and d) complex disabilities. Communication disability included seeing, hearing and speaking disabilities. Locomotion disability included mobility and manipulation disability. The mentally related disabilities included mental retardation, chronic mental illness and epilepsy. Complex disability included more than one type of disability, which was termed multiple disability and included cases of cerebral palsy.
The Government currently does not have a specific policy or published National Plan. The National Coordination Committee has prepared a national policy on disability, however, it has not yet been approved by the Government. The Government, as part of its five year planning process, has included issues concerning disability.
The Ninth Five Year Plan (1997 - 2002) included the following aspects that cover the Government's position towards a National Plan to address persons with disabilities.
The Plan included the following:
National Coordination Committee was formed under the support of the Ministry of Women, Children and Social Welfare with the participation of representatives from the Ministry of Finance, the National Planning Commission, the Social Welfare Council and the Nepal Industrial Development Corporation.
Ministry of Women, Children and Social Welfare
DescriptionSource:Ministry of Women, Children and Social Welfare
Established in September 1995, the Ministry of Women, Children and Social Welfare (MWCSW) is the major outcome of Nepal's commitment towards the Beijing Platform for Action. The MWCSW is the focal ministry for the overall development and coordination of all activities related to women, children and social welfare including senior citizens, orphans, helpless and disabled and handicapped people.
Functions including the social welfare of the disabled include:
The policies by the Ministry for the disabled include:
The Ministry has enacted and implemented legislation, and coordinates programs to provide equal opportunities for persons with disabilities. It has developed two landmark policies, including the National Disabled Policy Plan of Action of 1996 and the Disabled Persons Service National Policy of 1996.
The Social Welfare Council constituted under the Social Welfare Act, 1992, plays a vital role in the service and development sectors. The council, along with its social welfare activities undertakes the role of monitoring and coordinating the activities of NGOs and the International NGOs in Nepal. The welfare activities include the welfare of the disabled persons in the country. Approximately 95 International NGOs have reached agreements with the council to work in the country. Similarly, according to the Situation Analysis Survey, approximately 10,000 local NGOs have been affiliated with the Social Welfare Council.
Through the Social Welfare Council, loans without collateral are provided through the Agricultural Development Bank for people with disabilities. Approximately 264 disabled persons have received such loans. Other activities include the provision of interpreters for those having hearing and speaking disabilities. The council has been making an effort to provide employment for at least one disabled person in the different governmental and non-governmental organizations with special priority for disabled women. The Council also provides information to the guardian and disabled persons on where to approach for services, which the council does not provide. There is a provision of scholarships for disabled students through the Council. The Council also provides training for women in sewing and knitting and computer training. Additionally, the Council provides support equipment for PWDs.
The Ministry of Local Development, through the initiation of the Local Governance Act, the District Development Committee (DDC) and the Village Development Committee (VDC) have been authorized to protect the livelihood of villages and communities, including people with disabilities. The Local Governance Act also maintains a provision for maintaining records of people with disabilities. Similarly, it also directs the VDC to work for the protection of disabled persons according to the national policy, eradicate social practice that exclude members of society and protect or make arrangement for the protection of girls and women.
The Village Development Committee (VDC) is required to register all persons with disabilities in order to distribute disability allowance provided.
The Ministry of Health maintains separate divisions that handle preventative, promotive and curative services for persons with disabilities. The following are some of the Centers
The health sector in Nepal is decentralized and operates at district and village levels. The facilities are managed under the direction of the Department of Health Services. There are sub-health posts, which function as the first contact point for basic health services. According to the Situation Analysis Survey, there are 3,187 sub-health posts at the village level. The health posts cover an extensive area and there are approximately 754 health posts functioning in the country. At the electoral constituency level there are 117 primary health care centers providing services to the public.
The Special Education Section of the Ministry of Education serves as the Secretariat for the Special Education Council. Through this body, the Government allocates funds to run special education in special schools.
The Special Education Council is the Government's central coordinating body for all special education both at the private level as well as at the governmental level. It is responsible for formulating the special education policy in matters of education sector by supporting and developing the special education activities.
The Department of Education under the Ministry of Education runs the Special Education program. It is in the Primary Education Division that a section for special education has been established which is responsible for planning, budgeting, monitoring and implementing the programs. This special education section serves as the secretariat for special education council through which the government allocates funds to non-governmental organizations running special education in special schools.
The National Federation of the Disabled (DPI - Nepal) hosted a training seminar in Katmandu in February 2004 entitled "Capacity Building Training Seminar for People with Disabilities in Asia Pacific Region". The Japan International Cooperation agency (JICA) provided support for the seminar. The main objectives of the seminar included:
Representatives from the Ministry of Women, Children and Social Welfare attended the Seminar for South-to-South Cooperation for Decades of People with Disabilities, sponsored by the Asia-Pacific Development Center on Disability (APCD) in December 2003.
Additionally, representatives from the Ministry of Women, Children and Social Welfare attended the United Nations ESCAP/CDPF Regional Meeting on an International Convention on Disability hosted in China, November 2003.
A study was carried out under the auspices of the National Planning Commission Secretariat and the Social Welfare Council, which was funded by UNICEF in 1999 - 2000. The main purpose of the study was to develop a comprehensive definition of all kinds of disabilities and to derive national data and information on the situation and services for persons with disabilities in Nepal (Situation Analysis).
The study was conducted in 30 districts over 15 eco-development regions of the country. A sample of 13,005 households covering a population of 75,944 was used for the survey. 89.4% were from rural areas while 10.6% where from urban areas.
Based on the definitions adopted for the study, a prevalence of disability was estimated to be 1.63% of the total population with estimates of 1.65% in rural areas and 1.43% in urban areas. Table 12 - 15 highlight some of the survey's results.
| Age Group | Total Population | Persons with Disabilities | Prevalence Rate |
|---|---|---|---|
| 0 - 4 | 10,772 | 97 | 0.90 |
| 5 - 9 | 10,908 | 103 | 0.94 |
| 10 - 14 | 9,644 | 117 | 1.21 |
| 15 - 19 | 8,251 | 111 | 1.35 |
| 20 - 59 | 31,673 | 687 | 2.17 |
| 60 - 70 | 4,745 | 125 | 2.63 |
| Total | 75,993 | 1,240 | 1.63 |
Source: A Situation Analysis of Disability in Nepal, 2001
| Sex | Total Population | Persons with Disabilities | Prevalence Rate |
|---|---|---|---|
| Male | 38,052 | 665 | 1.75 |
| Female | 37,942 | 575 | 1.52 |
| Total | 75,994 | 1,240 | 1.63 |
Source: A Situation Analysis of Disability in Nepal, 2001
| Sex | Total Population | Persons with Disabilities | Prevalence Rate |
|---|---|---|---|
| Urban | 6,986 | 100 | 1.43 |
| Rural | 69,008 | 1,140 | 1.65 |
| Total | 75,994 | 1,240 | 1.63 |
Source: A Situation Analysis of Disability in Nepal, 2001
| Type of Disability Male | Male | % | Female | % | Total | % |
|---|---|---|---|---|---|---|
| Seeing | 42 | 6.3 | 47 | 8.2 | 89 | 7.2 |
| Hearing | 51 | 7.7 | 56 | 9.7 | 107 | 8.6 |
| Speaking | 29 | 4.4 | 25 | 4.3 | 54 | 4.4 |
| Mobility | 130 | 19.6 | 87 | 15.1 | 217 | 17.5 |
| Manipulation | 80 | 12.0 | 58 | 10.1 | 138 | 11.1 |
| Mental Retardation | 18 | 2.7 | 14 | 2.4 | 32 | 2.6 |
| Epilepsy | 83 | 12.5 | 82 | 14.3 | 165 | 13.3 |
| Chronic Mental Illness | 28 | 4.2 | 24 | 4.2 | 52 | 4.2 |
| Multiple | 203 | 30.6 | 182 | 31.7 | 386 | 31.1 |
| Total | 665 | 100.0 | 575 | 100.0 | 1,240 | 100.0 |
Source: A Situation Analysis of Disability in Nepal, 2001
A study on the situation of disability in Bhaktapur was launched under the auspices of the Bhaktapur Community Based Rehabilitation Organization which was completed in 2002 - 2003 with the technical support of the Key Research Nepal Pvt. Ltd. The main objective of the study was to determine the situation of persons with disability in Bhaktapur. The study covered approximately 858 households including 5,026 people. Based on the finding of the study, 12.11% of the households in Bhaktapur district had at least one PWD. The percentage of PWDs in the Bhaktapur district was found to be 3.06%. This figure is eight times higher than that reported in the 2001 census (see Section 2 - Statistical Data on Disability Profile), however it is approximately the same as reported in the National Sample Survey conducted in 1980 of 3.0%.
The Disabled Persons (Protection and Welfare) Act, 1982
The Disabled Persons (Protection and Welfare) Rules, 1994
The Disabled Person (Protection and Welfare) Act (DPWA) was enacted in 1982 and was the first and most comprehensive piece of legislation to date for the rights of disabled people in Nepal. The Act defines people with disabilities as those who due to physical or mental causes are incapable or unable to carry out their daily activities.
The Act provides a range of rights and facilities for PWDs as follows:
According to the Rights for Disabled Children, an international NGO, demands for reform to the Act have been raised for a number of years. A bill has been drafted which would strengthen existing rights. The new Act proposes for a strong and comprehensive national policy on PWDs along with detailed implementation strategies and the establishment of a disability policy unit within the National Planning Commission. The Act has yet to be implemented into law.
The Education Act provides special education to the children with seeing, hearing or speaking disabilities or those who are physically or mentally retarded. The Act authorizes the government to make proper arrangements for disabled children. Under the Education Act, Education Rules were released in 1992, which promised that schools which provide special education for children with seeing, hearing or speaking disabilities or are mentally retarded shall have the right to receive special facilities from the government.
The Act empowers the government to undertake special programs of social welfare activities aimed at different classes of people. It aims to serve the interests and ensure the welfare of children, the old, helpless or the disabled. It works to increase people's participation in development activities, and to protect and promote the rights and interest of women. It also works to ensure a respectable life for the unemployed, poor and illiterate people and to make the necessary arrangements for the welfare of disadvantaged classes and communities.
The Child Act provides some rights to disabled and orphaned children. Such children should be kept in a government children's welfare home until the disabled person reaches the age of 16. The duration may be extended to 18 years if the disabled person has nowhere to go.
The Act also imposes the duty of the government to establish homes for orphan disabled children and provides them necessary education.
This act authorizes the Village Development Committee (VDC) and VDC Ward Committees to help in activities relating to the protection and livelihood of disadvantaged communities, as well as orphans and the helpless and disabled people of the village. It also imposes duty on the VDC to maintain records on the helpless, disabled and physically handicapped children with the VDC and to make arrangements for their appropriate accommodation. Similarly, it also directs the VDC to work for the protection of orphans, helpless women, and the disabled according to the national policy. The same responsibilities have been given to the Municipality and its Ward Committee under the Act. The District Development Committee (DDC) also has a legal duty to perform functions relating to the protection of orphans, helpless women, and the disabled according to the national policy.
According to the Ministry of Women, Children and Social Welfare, the Government provides a living allowance to PWDs of Rs.100 per month, through the Village Development Committee. More than 3,750 disabled people per year are provided the allowance for their livelihood.
According to Rights for Disabled Children by the Disability Awareness in Action, the only hospital in the country providing reconstructive and rehabilitative services to physically disabled children is run by an NGO without any government funding. The Hospital and Rehabilitation Center for Disabled Children (HRDC) provides 71 beds, produces 160 assistive devices per month, trains hospital and field staff and provides care to 4,000 children.
The Hospital and Rehabilitation Centre for Disabled Children has been providing treatment and rehabilitation services to children with disability since 1985. HRDC was established in 1992 as a program of the Friends of the Disabled, a Nepali non-profit, non-governmental organization. According to HRDC, they have completed over 115,000 treatments and have provided services in Kaski, Syangja, Lalitpur and Bhaktapur Districts. HRDC is a leading referral centre in the country for the functional mobility of physically disabled children. HRDC also maintains a training centre at Kathmandu University for the Post Graduate Training Programme in Orthopedic Surgery.
Nepal has not yet developed a system for persons with disabilities to systematically obtain assistive devices. Assistive devices are imported in limited quantity and purchased with the help of donor agencies and individual donors. Devices for persons with locomotive disabilities, such as artificial limbs and tricycles, are primarily imported from India. Assistive devices for persons with visual and hearing impairments, including Braille materials and hearing aids, are generally imported from Germany, Japan and the United States.
Devices imported through institutions are subject to a 1% duty. Devices imported by persons with disabilities for their own use are subject to a minimum 10% duty. If devices are imported for business purposes, no duty is charged.
There are many community-based organizations (CBR) working for the rehabilitation of persons with disabilities in Nepal. The Bhaktapur CBR program was the first such program in the country, which launched the CBR concept in 1986. In 1998 the National CBR Network was formed to facilitate coordination among the various organizations providing CBR programs.
The goals of the Bhaktapur CBR program are as follows:
The Association was founded in 1969 with the mission to enable people with disabilities to lead a life of dignity and self-respect. At present, the NDA has been carrying out its activities in 18 districts including Kathmandu support from the Social Welfare Council. Central to its programs has been the Central CBR Program which was launched in 1983. UNICEF extended its support in the implementation of CBR initiatives. The NDA Central CBR Program aims at rehabilitating people with disabilities in the community with a view to providing them with equal opportunities through the creation of a healthy and conducive environment.
Prior to launching a CBR program in a given district, a feasibility study of the Village development Committees is carried out by a representative of the Central CBR Program. While carrying out the household survey, the following components are reviewed:
Out of the several CBR programs NDA has initiated, an example would be the Shreepur CBR program which was initiated in 1995. Shreepur VDC lies in the Kailali district, 10km north of Dhangadi. The VDC has a total population of 13,088 with a total number of households of 1,858. There are seven schools and one health post. The community provided a house to operate the CBR program from. NDA provided different types of services including educational support, medical rehabilitation, vocational training and interest-free loans to PWDs. By 2000, 75 PWDs received direct services and over 2,000 people indirectly benefited through the program. The program has been phased out and handed over to the community since 2000.
A member from the Gandaki Association of the Deaf attended the 3rd Duskin Leadership Training Program in Japan in 2001 - 2002. The leadership training program provided training in independent living with the Mainstream Association of Japan. There are no other known independent living initiatives in the country.
The Ministry of Women, Children and Social Welfare conducts regular programs for public awareness on disability including preventive, curative and attitudinal in nature. It conducts programs to sensitize the public through posters, bulletins and utilizing mass communication media. The Ministry translated the Agenda for Action from English to Nepali for publication which has been distributed to relevant agencies. The Ministry has also distributed identity cards to PWDs in order to update records of the provenance on the types of PWDs as well as creating public awareness of programs available to PWDs.
The first Bhaktapur district level inter-school Paralympic competition was held in August 2002. The event was jointly organized by the Bhaktapur Para Olympic Committee and the Disability Coordination Committee. The Nepal Para Olympic Committee. Approximately 80 disabled children participated in different events in the competition.
The Ministry of Women, Children and Social Welfare regularly provides a small amount of financial support as a matching fund to operate programs and activities of certain self-help organizations. In the last fiscal year of 2002, the Ministry has provided support to 24 separate organizations. The Government supports the regular strengthening of programs and capacity of self-help organization.
According to the Ministry there are 17 parent organizations and branches of the mentally retarded and deaf disabilities people. There are hundreds of Self-Help Organizations (SHOs) throughout the country along with their National Federation Organization. The Disabled Service National Coordination Committee comprises of 24 members including all categories of PWDs. The role and responsibilities of the coordination committee is to provide advice, coordinate and to monitor and evaluate the activities regarding disabilities.
The Nepal Disabled Women Society (NDSW) was established in 1994 by a group of women with disabilities as an advocacy organization for disabled women and female children. NDWS's primary goals are to rehabilitate and protect the rights of disabled women politically, socially, and economically and to provide support for their activities and interests. NDWS has 5 branch offices in 5 districts throughout the country. Each office offers a variety of activities and programs including organizing meetings, trainings, workshops and seminars. The organization also conducts research on various disabilities of women in Nepal including visual and hearing impairments, physical and mobility disabilities and cognitive and development disabilities. NDWS provides a range of free vocational training programs including computer and information technology, receptionist and office skills and tailoring as well as programs in community based rehabilitation, English and sign language. The organization also publishes a news magazine, Disabled Voice..
According to the Ministry of Women, Children and Social Welfare, extended programs on immunization, nutrition, safe motherhood and antenatal care are implemented through multilateral partnerships has decreased down syndrome infants, child and maternal mortality rates along with increasing life expectancy while preventing congenital deformity and disability.
Free medical service in government hospitals are also available. Efforts of the Ministry of Health are aimed at preventing disability while reducing disability through preventive and curative Health Care Service. Distribution of Vitamin A Capsules, DPT and Polio Vaccines as a campaign is also conducted.
The government is committed to improving the access to education for disabled children and to promote inclusive models of education. Within the Ministry of Education, two sections have been established for providing educational programs for the disabled:
A program of inclusive education has been established in 47 out of 75 districts throughout the country. The program has had a variety of limitations and issues and it is therefore that a pilot project funded by DANIDA was introduced in four districts called the Basic Primary Education Programme.
The model involves a grassroots approach. The principle of the program is that inclusive education benefits all children and creates a better learning environment and quality education. The project was established in 2000 under the management of the Special Education Section. National guidance is provided by the central government, though districts can apply to vary the program in accordance with local needs, including geography, poverty and disability prevalence.
According to the MWCSW, the Special Education Council under the Ministry of Education and Sports, operates Special Needs Educational programs in 47 districts throughout the country. Approximately 271 resource classes are currently being operated to provide special education for the blind, low vision, deaf and mentally retarded children. Support services along with residential facilities are provided to the needy disabled children in each school.
According to the Ministry of Education, the number of disabled children receiving some form of special education are as follows:
According to the MWCSW, there is currently an effort underway to implement inclusive education throughout the country. There are currently more than 2,000 trained teachers trained in the needs of children with disabilities.
The World Bank is currently funding the second phase of basic and primary education projects, partnering with other agencies to provide education opportunities to children grades 1 to 5. This project supports inclusive primary education for children with disabilities.
According to the Ministry of Women, Children and Social Welfare, between 100-150 PWDs are provided vocational training every year to make them economically independent. The program also assists PWDs in enhancing their skills for self employment while providing business development and entrepreneurship training. Additionally, the Social Welfare Council has launched a micro credit scheme to promote income generating activities - targeting to PWDs.
According to the Ministry of Women, Children and Social Welfare, there are some school buildings that have been made more accessible for children with disabilities. The Ministry is coordinating with concerned agencies to make physical environments more disabled friendly however, there are a very limited number of facilities that are disabled friendly due to the rural nature of the society and structure of urban infrastructure.
Royal Nepal Airlines has introduced a 50% discount on tickets for disabled people and one private bus service company has been providing blind people a free service on one of its routes.
Nepal Television has broadcasted the news in sign language for the past several years. Sign language and Braille scripts are used in the formal education process in schools. There are proper sign language training programs run by several civil societies and DPOs. A sign language vocabulary of approximately 2,500 was developed. Computer training activities operated by the Government are also available.
The 10th Five Year Plan 2002 - 2007 emphases poverty reduction. The following is an extract from the Introduction of the Plan:
First, poverty in Nepal has persisted for decades, and it is recognized as a deep-seated and complex phenomenon, for which there are no quick and easy solutions. What has changed particularly over the last decade is the socio-political situation in the country. Following the Democracy Movement of 1990, peoples' expectations have risen; but the economy and government actions, although successful in many areas, have largely failed to fulfill the expectations of poverty alleviation. Significant progress that was made especially in the early nineties was also not sustained. Thus, wide disparities persist in regard to income distribution, social and economic infrastructure and employment opportunities, particularly for an expanding young population. The main reasons for these less than expected outcomes with regard to poverty alleviation are discussed in section IV.
Second, Nepal is currently experiencing complex socio-political situation, which has intensified over the past few years. It has created considerable insecurity in many parts of the country, made difficult for the government agencies and development partners to carry out development activities in such areas. The situation also pre-empted a significant and rising share of the government's limited financial and administrative resources for maintaining peace and security in the country. The costs so far in terms of human lives, destruction of property and infrastructure, increased security expenditures and foregone development and economic activities have been considerable. There are many underlying causes for the present situation, some of which are political and ideological in nature. Nevertheless, there is little doubt that among others, the underlying causes include poverty and its manifestations, (in terms of regional, gender, ethnic and caste-related inequalities), as well as poor governance, and the failure to deliver adequate and essential social services and infrastructure to rural communities and marginalized groups. To bring about a lasting solution to the present problem, the nexus of poverty, poor governance, and marginalization need to be carefully and urgently addressed. A "Ceasefire" in late January and the subsequent resumption of peace negotiations now provide considerable hope for resolution of these tensions. However, any serious disruption of the peace process will destabilize the fiscal situation, severely erode the country's capacity to carry out development work and pose a major threat to social and political stability in the country. Nepal has little time to lose.
Third, the Tenth Plan's campaign against poverty reduction is being launched against the backdrop of a fragile economy. After a decade of fairly robust growth, Nepal's real GDP growth became negative (-0.6%) in 2001/02, for the first time in nineteen years. In part, this has been due to: (a) The global recession and the after-effects of September 11 (2001) events. (b) More importantly, the present turmoil has been an even bigger destabilizing factor, through increased insecurity, destruction of physical assets/infrastructure, bandhs (strikes) and loss of working hours and loss of business confidence, among others. Together, these developments have adversely affected activity levels in virtually every sector of the economy-industry, trade, construction, tourism, exports, services etc,-as well as savings and investment levels and overall economic growth. In particular, the effects of the disorder on the government budget have been disastrous, (due to slowing revenues and a sharp rise in security-related expenditures) at a time when substantially more (domestic and external) resources are needed to vigorously implement the development/poverty reduction agenda.