Proposed Amendments to the
Republican Constitution by Persons with Disabilities

Preamble

We, the persons with disabilities in Zambia, in pursuance of our inherent and inviolable human rights to participate fully and without hindrance in the affairs of our own government and in shaping the destiny of our own mother land do hereby submit the following proposed amendments to the Constitution of the Republic of Zambia.

Article 11 [Fundamental Rights and Freedoms]

Our Submission No 1:

The opening sentence should include the term disability as follows:

It is recognized and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, disability1, colour, creed, sex or marital status, but subject to the limitations contained in this Part, to each and all of the following, namely:…………………………….

Article 23 [Protection from Discrimination]

Our Submission No. 2:

Clause (3) be redefined as follows with the inclusion of the term disability:

(3) In this Article the expression "discriminatory" means, affording different treatment to different persons attributable, wholly or mainly to their respective descriptions by disability, race, tribe, sex, place of origin, marital status, political opinions, colour or creed.

Article 61 [Offices for Republic]

Our Submission No. 3:

As an issue of affirmative action, an extra clause be added to read as follows:

(3) Subject to the other provisions of this Constitution and any other law, the President shall as a matter of affirmative action ensure that persons with disabilities are also appointed to positions of authority in the Republic.

Article 63 [Composition of, and Election to, National Assembly]

Our Submission No. 4:

(1) The National Assembly shall consist of --
(a) One hundred and fifty elected members;
(b) Not more than eight nominated members; and
(c) The Speaker of the National Assembly.
(d) One person with a disability per province elected by an electoral college of persons with disabilities in each province.

Article 75 [The Franchise]

Our Submission No. 5:

An extra clause be added to read as follows:

(3) Parliament shall make laws to enable citizens with disabilities:

(a) Have access on general terms of equality to the conduct of public affairs directly or indirectly through freely chosen representatives;
(b) Participate on general terms of equality in the conduct of elections;
(c) Register for, and to vote in genuine and periodic elections, referenda and plebiscites, which shall be by universal and equal adult suffrage;
(d) Vote by secret ballot;

These rights shall be guaranteed without discrimination on any grounds and without restrictions other than those justified in a free and democratic society.

Article 91 Courts

Our Submission No. 6:

This section should establish a Constitutional Court whose sole jurisdiction shall be to attend to all matters of a Constitutional nature.

Article 109 Local Government System

Our Submission No. 7:

An extra clause be added as follows:

(3) As an issue of affirmative action, two persons with disabilities (man and woman) per ward shall be elected by an electoral college of persons with disabilities to advance their interests at local government level.

Article 123 [Commissions]

Our Submission No. 8:

An extra clause be added as follows:

(5) As an issue of affirmative action, Parliament shall ensure that persons with disabilities are represented on all Service Commissions and any other Commissions as may be established for the Republic.

Miscellaneous

Our Submission No. 9:

The following clauses be incorporated in the Republican Constitution:

(1) The state shall recognise, develop and promote Sign Language as a language for Deaf persons;

(2) The state shall put appropriate measures in place to ensure that education for persons with disabilities is free from primary up to tertiary level;

(3) The state shall put appropriate measures in place to ensure that assistive devices (e.g. wheelchairs, crutches, white canes, etc) are made readily and cheaply available for persons with disabilities;

(4) Persons with disabilities have a right to respect and human dignity and therefore the state shall enact appropriate laws to ensure that they realise their full potential.