3. Administration and Policy on Disability

3. Administration and Policy on Disability 3-1. Administration on Disability * See Annex 1. for the list of governmental organizations Central Government Organizational chart Figure 5: Organizational Chart of Central Government Prime Minister Ministry of M inistry of Women,C h ildren and SocialW elfare Ministry of Health M inistry of lo c a l D evelopm ent National Planning Commission Departm ent of Social Welfare C ouncil Departm ent of health Services Social Service Division prim ary D ivision Unit Early C h ildfoo d Dev. Sec. Central Hospital Centers Divisions Women's Sec. RegionalH e alth Services Dire c to rate NCASC CHD Special Sec. Regional Hospital EDCD LCD CHD=Child Health Division LCC=Leprosy Control Center EDCD=Epidemiology and Disease Control Division NCASC=National Center for AIDS and STD Control Disability-related Central Governmental Organizations Name 16

Ministry of Women, Children and Social Welfare Ministry of Ministry of Health Ministry of Local Development National Planning Commission N/A The Special Section of the Ministry has promoted special education for students with disabilities. This section serves as the Secretariat for the Special Council. It is through this body that the government allocates founds to run special education in special schools. This ministry has separate divisions that deal with preventive, promotive and curative services for persons with disabilities. The Child Health Division (CHD), the Leprosy Control Center (LCC), the Epidemiology and Disease Control Division (EDCD) and the National Center for AIDS and STD Control (NCASC) generally carry out preventive and promotive services. After the initiation of the Local Governance Act, the District Development Committee (DDC) and the Village Development Committee (VDC), under the Ministry, have been authorized to protect the livelihood of local communities, including Persons with Disabilities. The VDC is responsible for maintaining records of Persons with Disabilities. The VDC is also responsible for ensuring the protection of persons with disabilities according to the national policy. The National Planning Commission Secretariat has its own education unit that deals with special education. The commission also deals with the disability issues under its Social Service Division. Following the Asian and Pacific Decade of Disabled Persons, a National Coordination Committee (NCC) was formed under the support of the Ministry of Women, Children and Social Welfare with the participation of representatives from Ministry of Finance, the National Planning Commission, the Social Welfare Council and Industrial Development Corporation. Availability of National Coordination Committee Yes Committee name National Committee for the Welfare of the Disabled Persons 17

Plan and implemented activities 1. The National Committee for the Welfare of the Disabled Persons (NCWDP), headed by the Minister of Women, Children and Social Welfare, has prepared a national policy on disability (but this has not been approved by government yet). The 1994/95 budget introduced the policy of providing economic and social security to the vulnerable with a monthly allowance of Rs. 100/- (50 persons per district). 2. The Ministry of Women and Social Welfare enacts and implements the necessary legislation, and coordinates programs to provide equal opportunities for persons with disabilities. It has developed two landmark policies: the National Disabled Policy Plan of Action of 1996 and the Disabled Persons Service National Policy of 1996. 3. The Workshop on UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities was held in 1998. 4. The Disabled Welfare National Policy Execution Committee 2054 was formed in 1999. This committee was formed under the chairmanship of the Minister of State for Women and Social Welfare to implement the Disabled Welfare National Policy 2053 framed by Disabled Welfare National Committee. This will: a. Implement and help implement the Laws and Acts coming into existence in disability welfare areas b. Amend the existing laws and acts, if required c. Monitor the activities of Disabled Welfare National Committee 5. Conducted study on A Situation Analysis on Disability in (A National Sample Survey). Local Government Organizational chart Figure 6: Chart of Ministry of, Health, and Local Development at Local Level 18

Ministry of Ministry of Health Ministry of lo Development District offi Zonal Hospital (11zones) DDC program Coordinator District Publ Health Office(14) District Hospital(74) District Heal Office(61) VDC Special Supervisor primary health Care Centers(117) Ward Committee health Post(74 Sub-Health Post(3195) FCHV (42427 Volunteers) TBA (12617 TBAs) PHC outreach(13507 workers) EPI outreach CHD= Child Health Division LCC= Leprosy Control Center TBA= Traditional Birth Attendant PHC= Primary Health Care EDCD= Epidemiology and Disease Control Division NCASC= National Center for AIDS and STD Control FCHV= Female Community Health Volunteer EPI= Expanded Program on Immunization Disability-related local Governmental Organizations Name Local level: VDC Ward committee Primary unit of the local VDC level. Nine wards in each VDC. Each ward has a ward chairperson and members who are directly responsible for the people in their respective wards. Plays important role in person with disabilities registration and provision of disability allowance. Community level: Health service provider. Participate in national immunization Female Community programs and assist in launching curative measures for persons Health Volunteers with disabilities. 3-2. Laws and Regulations on Disability Title Local Self-government Act 2056/1999 * See Annex 3. for other laws 19

Year legislated 1999 Purpose To help activities relating to the protection and livelihood of disadvantaged communities, orphans and Persons with Disabilities in the village Authorizes VDC and the VDC Ward Committee to help activities of disadvantaged communities, orphans and Persons with Disabilities of the village. Imposes duty on the VDCs to maintain records on children with disabilities within the VDC and to make arrangements for their appropriate accommodation. Provides guideline for the VDC to work for the protection of orphans, vulnerable women, and persons with disabilities Title Child Act Year legislated 1992 Purpose To ensure the rights of children with disabilities and orphans The Child Act ensures that children with disabilities are kept in a government children s welfare home until they reach the age of 16. The duration may be extended to 18 years when they have nowhere else to go. The Act imposes duty on government to establish homes for orphaned children with disabilities and educate them. 3-3. Policies on Disability National Development Plan Of all the Development Plans of the Kingdom of, the Seventh (1985-1990), Eighth (1991-1996) and the Ninth (1997-2002) plans include policies for persons with disabilities. The Seventh Plan includes the integration of persons with disabilities; the Eighth Plan articulated the creation of regional model schools and community participation. The present Ninth Plan hopes to implement necessary changes in the Acts and Regulations and introduce free education, from pre-school to the Bachelor s level, with a renewed emphasis on family and community rehabilitation. Title Period 1991-1996 The Eighth Five Year Plan 20

Items regarding with Disability For the first time, the Eighth Plan regarded disability as a substantial development issue. The budget for 1994/95 allocated Rs.100 10 for 50 physically or mentally disabled persons per district. In the 1995/96 budget, provision was made for the gradual establishment of regional schools in five development regions for children with disabilities. Title The Ninth Five Year Plan Period 1997-2002 Items regarding with Disability The Plan includes the following; Free treatment for persons with disabilities in health centers Extended cooperation for the establishment of community-based rehabilitation centers. Coordination between the Ministry of Social Welfare and Ministry of Health, which plays the role of coordinator in places where this program has been initiated by local authorities. Establishment of welfare centers for persons with disabilities Collection and classification national data on persons with disabilities according to type of disability. Authentic data of Person with Disabilities will be maintained in each VDC, municipality, sub-metropolistan entities, DDCs and the Ministry of Women, Children and Social Welfare. Distribution of allowances for persons with disabilities at the local level, which exclude regular employees, income earners, people living in rehabilitation centers and recipients of scholarships Arrangement for of free education for person with mentally disability, hearing and visual impairment. Provision of free vocational training Development of textbooks in Braille script Broadcasting of special programs for persons with disabilities through various media. Establishment of specific treatment centers for person with disabilities Encouragement of the establishment of industries, which produce assistive devices such as artificial limbs, wheelchairs, crutches, and hearing aids for person with disabilities Provision of special facilities for employers who employ persons with disabilities 3-4. Measures on Disability Prevention, Identification and Early Intervention Current situation The study Situation Analysis on Disability, 1999 indicated that disease and accidents were the 10 1 Rs. ( rupee) = 1.7454 yen (as of 15 March 2002) 21

main cause of disability. It was reported that 50 % of disability cases commenced before 5 years of age. 11 This indicates the need for launching preventive initiatives in primary health care units. Identification and early intervention leads to prevention of disabilities. The general lack of awareness among people concerning the medical causes of disability. They see disability as sin of the past or their fate prevents early detection. Policy/program title Implementation year Since 1970s See Annex 3 for the list of other policy/programs Universal Salt Iodization program To control Iodine Deficiency Disorder, iodized salt has been introduced. This is one of the foremost strategies adopted by for the prevention of disability 12 Policy/program title Micronutrient Status Survey 1998 Implementation year 1997/1998 In order to derive updated information on the national level of micronutrient malnutrition, a study was launched under the support of the Child Health Division, Department of Health Services, and Ministry of Health. Medical Services and Rehabilitation *See Annex 4. for the list of facilities for rehabilitation Current situation Private initiatives on person with disabilities medical rehabilitation complement government services. Provisions are made to have at least two beds reserved for persons with disabilities in district hospitals. In order to make sure that this provision is being followed, NGOs like Nature and others have made visits and sent persons with disabilities to hospitals for treatment. Medical rehabilitation is provided by governmental health services, along with other initiatives, such as the Hospital and Rehabilitation Center for Disabled Children (HRDC). 11 A Situation Analysis on Disability in, 1999 (Unpublished) 12 Onishi, Hideyuki, Jimba, Masamine, Improved Iodized Salt Management: The Key to Controlling Iodine Deficiency Disorders in (Japanese). Retrieved March 1, 2002, from http://shoroku.iph.go.jp/kosyu/2001/200150010012.pdf 22

has not yet developed a system for persons with disabilities to systematically obtain assistive devices. Assistive devices are imported in limited numbers 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 person with visual and hearing impairment, including Braille materials and hearing aids, are generally imported from Germany, Japan and the United States of America. 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 the devices are imported for business purposes, no duty is charged. Current situation The Ministry of, the Basic Primary Program (BPEP) and Danish International Development Agency (DANIDA) have been working jointly for the promotion of special education in. For the past five years, DANIDA has made significant contributions to the promotion of special education by providing assistance to the government of. DANIDA granted approximately Rs. 630 million from 1993-1997. Special education covered 26 districts (3500 students) by 1999. There are now 49 resource classes for visually disabled students, 63 for those with hearing disabilities and 68 for those with learning disabilities. The Special Unit has developed a number of teacher training packages for special needs teachers. This training package has a comprehensive program on awareness training, basic training on classroom management and teaching methods and special training for students with special needs. It also includes non-formal training for adult persons with disabilities and a training program for teachers of inclusive schools. Person with disabilities education is an important priority, as 68.2% of persons with disabilities have not received education. Although the government provides free education to persons with disabilities from pre-primary to the undergraduate level, persons with disabilities who attend schools are limited and the drop-out rate is high. In order to solve the problem of integrating children with disabilities into normal schools, which is thought to be one of the 23

causes of the high drop-out rate, development of a children with disabilities-friendly curriculum and facilities, teacher training and financial assistance for enrolment may need to be considered. Policy/program title Ninth Five Year Plan Implementation year 1997-2002 Provision of free education to persons with disabilities from pre-primary to the Bachelor s level, and development of disabilities-specific vocational education was planned. Policy/program title Special Program Implementation year 1992 Resource classes were established in a number of districts. Social Service Current situation Although governments under the Muluki Ain 13 provided social services, most people were not aware of these provisions and were unable to benefit. The Social Welfare Council provided an interpreter to every office for the hearing impaired so that they would be able to participate in office activities. Policy/program title Mulki Ain Implementation year 1962 (amended several times) Members were required to inform their respective Chief District Officer (CDO) offices or municipality offices if there were children with disabilities in the VDC and these offices were required to take care of persons with disabilities in their area. The CDO, with his allocated office funds, was responsible for the provision of shelter, living allowance, and two pairs of clothes per-year per-person until other arrangements were made. Policy/program title Ninth Five Year Implementation year 1997-2002 13 Mulki Ain is the first legal Code of enacted in 1962. 24

The establishment of industries, which produce assistive devices, such as artificial limbs, wheelchairs, crutches, and hearing aids for persons with disabilities, were encouraged and they were encouraged to distribute materials at a subsidized rate. Vocational Training and Employment Promotion Services Current situation The Social Welfare Council started disbursing easy loans to persons with disabilities so that they could begin to manage their own enterprises in 1999. The loans were authorized through the Agricultural Development Bank. Persons with disabilities were asked to apply for loans in their proposed fields of enterprise. However, beneficiaries of this scheme have been limited to urban areas. The Social Welfare Council also registers organizations involved in promoting person with disabilities vocational rehabilitation. As there is no single Rehabilitation Committee, various organizations working for persons with disabilities are involved in vocational rehabilitation. The Social Welfare Council provides loans for persons with disabilities to start their own businesses. These loans are granted for income-generating activities such as chalk production, tailoring, animal husbandry, soap production, candle-making, retail shops, handicrafts, bamboo work, carpet weaving, furniture and others. Policy/program title Ninth Five Year Implementation year 1997-2002 Persons with disabilities employers were to be provided with special facilities if needed. Community-based Rehabilitation (CBR) Current situation There are many community-based organizations working for the rehabilitation of person with disabilities in. The Bhaktapur CBR program was the first program in the country to launch the CBR concept in 1986. Many NGOs that have tried to incorporate the CBR concept in their programs. Some are based on a medical model while others employ a wider approach. The formation of the National CBR Network in 1998 has facilitated coordination among the various organizations. *See Annex 3. for the list of other programs of CBR Policy/program title Bhaktapur CBR program 25

Implementation year 1986 Description/Purpose 1. Increase awareness of prevention and early detection of childhood disability 2. Provide equal opportunities to children with disabilities and help them achieve their full potential for complete integration in the family and society. 3. Encourage and help community and organizations to implement CBR services. 4. Train CBR workers, volunteer and family members 5. Establish linkages between the CBR project and local health and education services and enroll all children with disabilities of capable age in local schools. 6. Prepare low cost aids Communication Tools Current situation One sign language is used within with sign language classes held with the assistance of the government, schools and churches. There is also a sign language interpreter qualification examination 14. 3-5. Experts and Workers on the Field of Disability Classification Role and activity Training and qualification system Special Training for primary school teachers Qualified by government (Awareness training) Special Training for those who have taken Qualified by government (Basic Training) Awareness Training Special Training for those with Awareness and Qualified by government (Special Training) Basic Training Inclusive Schools Training for teachers of inclusive Qualified by government Training schools Special Advanced Diploma course for Program supervisors and monitoring staff Training Courses for Personnel for Persons with Disabilities 15 Courses Organization Duratio Focus Participants n Basic CBR Course CBR Resource Center 75 days All types Field staff 14 Japanese Federation of the Deaf Asia no Shuwa (Sign Language in Asia) 1998 15 As there are hardly any formal institutions that provide training in the support of Persons with Disabilities, the initiatives of non-governmental organizations have been commendable 26

CBR Orientation CBR Resource Center 15 days All types Volunteers Disability Specific CBR Resource Center 7 days Specific disability Field staff Basic Training on HRDC 9 weeks Physical Field staff Rehabilitation Physio-technician HRDC 3 months Physical Field staff Basic Training on Intellectual Disability Advanced Training on Intellectual Disability Association for the Welfare of Mentally Retarded (AWMR) 45 days Intellectual disability Teachers AWMR 2 weeks Intellectual Teachers disability Refresher AWMR 2 weeks Intellectual Teachers disability Basic CBR Disabled 10 days All types Teachers Training Association (NDA) Training on National Association 6 weeks Visually Impaired Teachers Rehabilitation of for the Welfare of the Visual Impairment Blind (NAWB) Teachers Training WSHI (Welfare 6 Hearing Impaired Teachers on Hearing Society for Hearing months Impairment Impairment (WSHI) Sign Language WSHI and National 4 Communication Open Training Association of the months Deaf and Hard-of-Hearing Special Training for WSHI 1 month Hearing Impaired Teachers Teachers Refresher Training WSHI 1-2 Hearing Impaired Teachers weeks Basic CBR Community Based 1 month Physical Field staff Training Rehabilitation Service Physiotherapy Self-help Group for 3 Cerebral Palsy Field staff Cerebral Palsy months (SGCP) Center Speech Therapy SGCP Center 3 Cerebral Palsy Field staff months Physio-technician INF (formal title 2 years Orthopedic, unknown) neurology and respiratory Source: HRDC, Banepa. 27

4. Disability-related organizations and Activities 4-1. Activities by Disability-related Organizations 16 *See Annex 1. for the list of organizations and detailed activities The National Federation of the Disabled of, which is a federation of various Person with Disabilities organizations, was established in 1993 and functions as a coordinating and advocacy agency. The Disabled Association (NDA) which has its roots in s first Person with Disabilities organization, is involved in rehabilitation including CBR, training and studies on disabilities. The National Association for the Welfare of the Blind (NAWB) supports CBR and integrated schools. Other Person with Disabilities organizations are the National Association of the Blind (NAB), the National Association of the Deaf and Hard of Hearing (NADH), the Association for the Welfare of the Mentally Retarded (AWMR). There are also approximately 60 organizations that are active in various fields related to disability. 4-2. Cooperation Projects on Disability Organized by International Donors and Others *See Annex 5. for the list of aid projects Assistance by Multilateral/Bilateral Organizations and International NGOs In, many international organizations have assisted persons with disabilities and persons with disabilities organizations. DANIDA is one of the largest bilateral agencies working to promote education for persons with disabilities. Currently, the World Bank has funded the second phases of basic and primary education projects, partnering with other agencies to provide education opportunities to children grades 1 5, mainly through the provision of primary schooling. This project will support inclusive primary education for children with disabilities. UNICEF supported the national Situation Analysis on Disability in survey and NGO capacity building in 1999. 16 Yukiko Nakanishi. Asia no Syogaisya (People with disabilities in Asia). Tokyo: Gendai Syokan. 1996. 28

Assistance by Japan The Tokyo Helen Keller Association (THKA) has assisted in the promotion of CBR in conjunction with NAWB since 1989. Services provided include integrated education, vocational training, micro-lending, the establishment of a CBR center in Bara District, and activities for the prevention of disabilities 17. 17 Yukiko Nakanishi. Asia no Syogaisya (People with disabilities in Asia). Tokyo: Gendai Syokan. 1996. 29

5. References This report is edited based on the main source which was drafted by a local consultant. Main source: New ERA. Country Profile Study on Persons with Disabilities. 2001. Other references: Japanese Federation of the Deaf Asia no Shuwa (Sign Language in Asia) 1998 Nakanishi, Yukiko. Asia no Syogaisya (People with disabilities in Asia). Tokyo: Gendai Syokan. 1996. United Nations. Asian and Pacific Decade of Disabled Persons: mid-point-country perspectives. New York: United Nations Publication, 1999. United Nations. Production and Distribution of Assistive Devises for People with Disabilities. [Electric Version] 1995. Retrieved February 25, 2002, from http://www.dinf.org/doc/intl/z15/z15002p2/z1500201.htm The World Bank. : Second Basic and Primary Project. Retrieved February 25, 2002, from http://www.worldbank.org/ 30