"Braille Transcription in Pakistan a Unique Programme in the World"

    (By Mr. Shahid Ahmed Memon, Chairman PDF)

  "Independence & Information Technology for Disabled"

    (By Mr. Khalid Hussain Bhatti, Chairman PDF, Islamabad)

  "The Development of Intellectuality of a Blind needs Inclusion"

    (By Mr. Shahid Ahmed Memon, Chairman PDF)

DISABILITY LAW AFTER CONFILICT (Brief abstract of the topic)
(By Professor Shahid Ahmed Memon Chairman Pakistan Disabled Foundation)

DISABILITY LAW AFTER CONFILICT (Brief abstract of the topic)  
(By Professor Shahid Ahmed Memon Chairman Pakistan Disabled Foundation)
This paper presented in a seminar at university of law, Washington

The Honorable President;
And Dear Participants.

It is a matter of great honour and pleasure for me to express my views on the basis of practical experience and knowledge on the topic “Disability Law after Conflict” in such a learned gathering.

Keeping in mind the purpose and nature of the subject under discussion, I don’t consider it important and advisable to go into the physical and medical nature of the term “Disability” as it has been already well defined in almost all the related documents produced by UN Agencies and in Act of Disabilities in different countries including USA and Pakistan. As such I will keep myself confined to the effectiveness of “Disability” both in negative and positive sense.

Apparently the topic seems to be very simple but when we study it in the perspective of prevailing situation around the world the topic becomes quite important and deserves to be explained analytically. As such initially all the leading words of the topic, creating effective impact, are being described briefly to get the real picture of the applicable situation.

1. DISABILITY: -

In spite of a lot of painful effect, the disability in common sense is quite understandable and seems acknowledgeable without any complications. As getting without any introduction mostly all the normal citizen can easily recognize encountering person with disability due to his/her disability but when disability comes into question regarding the admissive facilities, securities, priorities and otherwise, the disability becomes typical enough to be understand according to the related laws and creates complications and conflict on the basis of nature, size of the disability and the situation in which disability occurred. In addition the reason and the environmental background of the disability and so on. All the foresaid aspects are being covered in the detailed paper to determine their adverse effect upon practical situation. As we know the rights and previliges ensured by the different laws and acts for instance: -

The fact that disability will be taken into account by government will “ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity” (Reference, The UN General Assembly adopted the new treaty on the 13th December 2006).


The work of the Disability Law Centre focuses on four long-range goals: -
1. People with disabilities will be free from abuse and neglect.
2. People with disabilities will have received appropriate services.
3. People with disabilities will be free from discrimination.
4. People with disabilities will have equal employment opportunities.
(References, Disability Law Centre “Our Goals”).

The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. (References, A Guide to Disability Rights Laws “American with Disabilities Act (ADA)”).

Every employer shall maintain such record in relation to the person with disability employed in his establishment in such form and in such manner as may be prescribed by the appropriate Government.

The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorized in this behalf by general or special order by the appropriate Government. (References, PWD ACT, 1995 THE PERSONS WITH DISABILITIES, “Chapter VI EMPLOYMENT”).

The provisions of the accessibility code shall apply to the construction, addition and alteration of all new as well as existing buildings, structures, facilities, premises and areas which are owned, occupied and managed by the Federal, Provincial and Local Governments; and privately owned public service buildings for which an application for approval of building plans, and issuance of permission for construction, addition or alteration by building control and regularity authorities is required and regulated. (References, The Accessibility Code of Pakistan “Section 1.2 Scope”).

In the context of the United Nations Standard Rules, preconditions, required to ensure equal participation of persons with disabilities, the National Policy for Persons with Disabilities – 2002 strongly addresses the need to raise awareness, ensure rehabilitation of special persons and provide support services to them, Also in line with the implementation measures suggested by the UN Standard Rules, the National Plan of Action – 2006 stresses access, inclusion and equalization of opportunities for Persons with Disabilities. (References, Design Manual & Guidelines for Accessibility “Foreword by Zobaida Jalal, Minister Social Welfare and Special Education”).

In spite of the fact that all the documents based on the laws, rules and regulations, have well defined and determined the rights and previliges of the PWDs, even then the controversies arise at the stage of practical implementation. Mostly in developing countries like ours only due to the commercial reasons, the facility and rights providers feel difficulty to understand the justification of clamant about referred disability by having the support of the ambiguities and interpretations. Problem like that is often phased in developed countries having reasonable arrangement of monitoring and punishment against the violation, why it is so? Only may be due to the drawbacks of existing laws and regulations or may be due to the non realization of the spirit and purpose of the law. The situation become more complicated and un-applicable when in case of emergency, suddenly arising disability has no provision in the law and practice to get recognized for remedial
attention and actions. As such we will have to review the role of laws, its sphere of action and its complications.

2. LAWS: -

Generally; constitutional provisions, Laws, Byelaws, Rules and Regulations are formulated and enforce to facilitate the system of life specially in case where situation because of different issues needs to be clarified not only on the basis of traditional and cultural customs but on the basis of well protected rules, regulations, laws and byelaws, all these become mostly difficult to be applicable without proper interpretation both of the laws and situation.

The interpretations sometimes help to get the matter simplify and decisive but in many cases instead of removing misunderstandings, ambiguities and confusion it further promote differences, complications and conflicts which mostly tried to be solved by debates on the basis of sub-clauses and alternate articles. When we go into detail and if we want to have comfortably practical disability law after conflict we will have to take care and remove before hand, all the drawbacks of the legal provisions to meet out the requirement of emergency, relief to the disabled persons due to the conflict and war fair e.g.

Establishments in the transport section shall, within the limits of their economic capacity and development for the benefit of persons with disabilities. (References, PWD Act, 1995 THE PERSONS WITH DISABILITIES “Chapter VIII NON-DISCRIMINATION”).

In this reference the wordings “within the limits of their economic capacity” provides considerable flexibity to the authorities to escape-out from the responsibility in the name of limited economic capacity. In such a case there should be a law to judge and determine the limitations of capacity otherwise no action on the basis of prevailing conditional law can be claimed practically. Furthermore the existing laws applies to the normal situation of disability having systematic database arrangements to apply for.

But in case of emergency and suddenly occurring disability, there is no law provision specially in our region to collect the information and evidences on the emergency bases to avoid un-bearable consequences of delaying practice. Mostly practice based routined staff having no knowledge and training normally, deals with the emergency cases. As such mostly no relief measure may be taken on the emergency basis. That is why the relief aid couldn’t reach according to its capacity to the disabled persons due to the last earthquake in the northern part of Pakistan and AJK. Likewise in many other cases only due to the non existence of Emergency Law and its implications the relief measures couldn’t take place.

“The Americans with Disabilities Act (ADA) of 1990 requires that emergency preparedness and response programs be accessible to people with disabilities. But critics say there is currently no standardized federal preparedness plan for disabled people, and many state and local emergency management offices do not have appropriate plans in place to account for special needs”. (References, DISABILITY LAW “Disaster Preparedness and People with Disabilities”).

In case of conflict in spite of existence of ordinary law of emergency even become helpless it means in case of conflict involving at-least two parties, much more effective law to prevent the violation on the basis of “Might is Right” is also needed to be develop.

3. AFTER CONFLICT: -

Even in normal situation because of variations the disabled persons have to face a lot of difficulties to prove themselves entitled of the admissive facilities, securities, rights and previliges and sometimes in spite of justification one has to loose his/her benefits due to the non-satisfaction of the decision maker on the spot.

Above said situation becomes more important if the situation is not normal but emergency due to the conflict and war fair. As we know the emergency means urgent attention to the needy by bypassing the routined rules and regulations to fulfill the formalities probably as mentioned before. Due to the same, after first and second world war in USA, in Europe and Japan several units and organizations immediately came into being to look after the requirements of people with disabilities due to the war on the basis of humanitarian ground. The most painful aspect of the situation which was observed specially during the 20th centuary is that, in addition to the rival groups the administration responsible to provide immediate relief to the people with disability due to the war fair, become party themselves. On the basis of prejudices which will be included in detailed paper to get the clear picture however people e.g. the innocent people victimized in recent clashes in Hungo of Pakistan, Gaza Belt of Palestine and of course in Gujrat of India and clashes in Kenya.


a. Hungo of Pakistan: -
The two religious groups were fighting each other that is why it was difficult for the administration to control them with full of sincerity and ability due to other side prejudices in the administration same as in case of subsequent relief services to remedy the suddenly occurred disability and sufferers ultimately remain without emergency relief.

b. Gaza Belt of Palestine: -
Amongst two rival groups, one is very obviously strong enough to prevent relief operation by forceful arrangement in spite of overwhelming demand of the civilized society and consequently the victimized population seems to be helpless having no way to receive emergency relief on humanitarian ground. The situation like that again emphasize the civil society to get the rival groups agreed at-least to the urgently required emergency measures and that can not be achieved only by the making laws. It will require to educate and motivate the international society to regard the moral and humanitarian values and violations of those would be considered the hostility against the mankind.

c. Gujrat of India: -
In case of Gujrat’s conflict in India as it was published and observe on media the amongst two rival groups one was supported by the state government who was responsible to control and provide emergency relief. In such a case stated victimized group found himself in further danger to approach to the immediate concerned authority which was resulted into further disaster because of not receiving duly required relief. This is the another kind of conflict.

Moreover less same is applies to the recent clashes in Kenya.

The situation of war between two nations seems comparatively better because each side has its own territorial authority to administer, control and monitor the situation but in case like quoted above it becomes mostly impossible to get even legal relief from the calamities because of hostile and partial role of the controlling authority. The victim of the situation because of hostile and discriminative situation don’t like exposing themselves as peoples with disabilities or so on. The Law after conflict has to cover the situation by providing legal provisions for the interventions of the neutral forces to play the role of human rights without any partiality and prejudices commonly on the basis of cost creed, race and colors. Keeping in mind the un-humanitarian situation of the rival groups the role and importance of the disability law become more significant to ensure the immediate relief to prevent and control the suddenly arising disability due to the conflict. The affective legal tool has to be developed to avoid all the lame excuses on the basis of interpretation pro-longing the situation by not caring the emergency and immediate relief. The one more important aspect of the enforced law should be uniformity in practice irrespect of super and non super powers. No “Might is Right” provision should be allowed to be protected for any reasons.

Another important aspect of the whole situation is in the hands of country and state governments furthermore a large part of the world i.e. IIIrd world belonging to the developing countries comprised of 80% population of the Disabled Community. As it has been emphasizely mentioned in UN convention’s declaration that: -

“The fact that disability will be taken into account by governments will ‘ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity’”.

“It is estimated that people with disabilities represent around 10% of the population worldwide, with 70 to 80 % of them living in developing countries. But above all, disabled people have to face discrimination, which has an influence on all aspects of life”. (Reference, The UN General Assembly adopted the new treaty on the 13th December 2006).

No doubt UN and other international agencies have produced very comprehensive and beautiful documents for the implementation of the governments in the world. But apart from the lacking and non-compliance of the developed world particularly developing countries representing 80% are found themselves incompetent enough, may be due to their historical, traditional, political, most important economical and cultural backgrounds, to fulfill their national responsibilities reasonably to implement the documents recognized by the agencies like UN. Unfortunately UN by virtue of its composed situation is unable to develop conclusive and effective mechanism to influence comfortably to the concerned governments. Rather in practice UN Agencies are found compelled to compromise with the member countries governments which mostly defused the pressure upon the governments by the self help movements of the disabled themselves. That is why as a matter of principle it is
being recognized to realize the role of self help organizations as Pressure Group. In my opinion because of its importance from the implementing point of view the role of self help movement be given legal protection even for the emergency before or after the conflict that will help to facilitate and accelerate the relief operation to reasonable extent.


4. SERIOUSSNESS OF THE SITUATION BEYOND THE LAW: -

The study of the war fair during last few decades witness the lawlessness of the powerful partner of the conflict, in its own interest all the legal and humanitarian rules and regulations and well recognized moral values are absolutely ignored. In such a case in spite of proper law and legal provision the victimized peoples i.e. peoples with disabilities found unable to reach to the relieve arrangements themselves and in some cases relief organizations including UN Agencies helpless to provide emergency, medical and otherwise treatment and other facilities admissible to them as a matter of general principle and practice. Few examples together with the legal provisions are being quoted briefly for ready reference.

As we come to know that because of dangerous, non-cooperative and un-fair behavior of the authorities concerned in early days after Afghan & Iraq war, including UN Agencies in spite of their legal and humanitarian recognized status they were un-pleasantly compelled to stop their relief activities together with supply of Food, Water & Medicine as a emergency relief and treatment to the suddenly occurred people with disabilities.

Anyhow it is the responsibility of the leaders of the civil society in collaboration with the legal and human right experts launched a serious campaign to explore the legal means and ways to control the violation of the needs of emergency and humanitarian laws on the basis of “Might is Right” by neglecting the opinion of world wide majority.

Anyhow by the grace of Almighty Allah and in the light of the last 50 years history of the Disabled Community I am optimist and foresee the satisfactory advancement in the field of disability as I know from my personal experience that during my studentship after successful strike we were comfortable to get recognize a meager like 1/3rd of a Rupee as compensation in absence of work in the workshop. Now a lot of disabled persons have got very reputable job with handsome salaries, getting marriage and enjoying the benefits of complete family life like other fellow citizen. Therefore in spite of negligence discrimination, prejudices and non-recognition in certain areas, Insha Allah people with disabilities, by the passage of time will lead the normal society in a key position.

Thanking You.

"Braille Transcription in Pakistan a Unique Programme in the World"

(By Mr. Shahid Ahmed Memon, Chairman PDF)

The Braille System of reading and writing specially for blind is very common in every part of the world almost and Braille transcription to produce Braille material manually as also being introduced to cover the individual and collective need of the blind readers comprising of teachers, students and others. 

The collective programmes under the GO’s and NGO’s for Braille transcription in different respective languages are going on through private arrangements other than already   prevailing educational system particularly in the developed countries and of course in some of the developing countries. The Braille transcription in Pakistan specially   in Karachi has been introduced on a scientific line as an optional/elective subject like other ordinary subjects for example Social Studies, Sociology, Geography, Psychology and Economics Etc for the regular sighted students of different levels of schools, Intermediate Colleges and Universities colleges as well. Students have to learn rules and regulation of Braille transcription as theory and Braille transcription itself as practical and have to pass the annual theory and practical examination like other subjects. Through this programme hundred of junior Braille transcribers with of skills have been trained and this scientifically motivated young generation during last thirty years have contributed the cause of welfare of the blind in many ways of different walks of life because of additionally gained knowledge regarding the problems, requirements, achievements and potentiality of the blind and disabled persons. They are now enjoying the engagements of their practical life even than in some ways they are direct or indirect attached with the work for the blind.

This unique programme was introduced by the initiation of Dr. Fatima Shah the founder president of Pakistan Association of the Blind along with re-known educationalist like Ms. Safia Khan of New Town School Karachi, Mrs. Amina Majeed Malik of PECHS College, Mrs. Mryem Farooqi of Happy Home School and some others. This programme was strengthened and promoted at later stage by Mrs. Reta Saddiqui, Professor Budruddin, Professor Basheer Saddiqui, Mr. Younus Jhangeeri and He Myself Shahid Memon.

The programme was visited and appreciated by the international representative and dignitaries of the field of blindness like Mr. Duncan Watson of RNIB (the then President of WBU) of UK, Mr. Husveg of Norwegian Association /European Blind Union. Mr. W. Estien Representative of CBM Germany. Mr. Pedro Zurita Secretary General of World Blind Union (WBU) from Spain. Dr. David Blyth of Australia the then President of WBU. Specially NABP of Norway, CBM of Germany and Hong Kong then President of WBU, specially NABP of Norway, CMB of Germany and Hong Kong Association of the Blind. Supported this programme by providing equipments.

When we consider our Braille transcription programme as an unique one, we mean to say that the Braille transcription, as far as my knowledge is concerned through personal visits to the biggest Braille Transcription center in various part of the world like London, New York, Baltimore, Chicago, Boston, Washington, Toronto, Paris, Berlin, Frankfurt, Rome, Madrid, Oslo, Coupon Hagen, Tokyo, Melbourne, Auckland, Marbuerg, Beijing, Colombo, New Delhi, Manila, Indonesia, Cairo, Seoul, Hong Kong, Singapore,  Kuala Lumpur, Bangkok, Riyadh and so many others.  Braille Transcription has not been introduced any where as one of the subjects of normal education  like Pakistan which has effectively promoted the social integration and better understanding amongst the young generation and their families towards the needs, problems, achievements and capabilities of the disabled community specially of the blind.

"Independence & Information Technology for Disabled"

(by Mr. Khalid Hussain Bhattti, Chairman PDF, Islamabad)

Access to knowledge through information technology with the help of adoptive software’s & hardware’s became a common facility for Visually Impaired, Deaf & Physically Handicapped. As they need not to depend on getting physical access to information like literature academic or entertainment nature. Today the adoptive hardware’s for computer & especially designed devices like CD rams, Braille made (Key Board), refreshable Braille displays & screen reading software’s/magnification software’s. Screen magnification, have broad enormous opportunities for Person with Disabilities (PWDs) to acquire maximum knowledge without making long travels to book shops libraries academic institution & universities.

If you have a multimedia PC you can load any adoptive software’s to help, by getting access through internet & reading or displaying the information available online on the websites of universities & academic institutions on service providers, it will enable you to complete your tasks easily to acquire information you may need. You can browse through book on topics of your interest learn/earn about your carrier & to earn living, even in role to improve your academic qualification in university or institution of distance learning.

The problem to avail this facility is that such kind of technology is generally very expensive due to having limited market. This does not allow mass production which can help reducing the cost & thus make piece of equipment & software’s within the purchasing power of disabled persons belonging to middle class. Besides all these hard facts, today information technology & computers are the most favorable means of opportunity to help the disabled person in making their life better through education training job placement & passing leisure time as well as improving education & knowledge.

"The Development of Intellectuality of a Blind needs Inclusion"

(By Mr. Shahid Ahmed Memon, Chairman PDF)

Presented in : Planning Session-1, of National Conference on Special Education, 26th & 27th of March 2007 

Organized by : Department of Special Education, 

Venue : University of Punjab, Lahore - Pakistan.

Al-Hamdo Lillah now society has been motivated enough to realize the really required majors towards the training, education, rehabilitation and social adjustment  for the disabled community including blind. The selection of my topic is also one of the same. Dear colleagues, before reaching to the direct and conclusive expression about the topic it is considered important and logical to analyze and explain the leading worlds i.e. components of the topic at least to some extent. The focal component i.e. a blind person: as we know that a person who cannot see the things around him and to certain distance by sense of vision is considered visually impaired. According to this definition a blind person is definitely lacking and effective power which doesn’t allow a blind person to observe and gain knowledge in a very first glance about the things around him. On the contrary, a sighted person can avail the benefit of learning capacity of the vision which is considered a great source of direct learning through the natural process. To cover this enormous lacking a number of additional techniques and steps have to be adopted through institutional and otherwise sources of learning beyond the institution, to make a blind person equally contributing and sharing citizen of the society. To achieve this prime goal of integration, the experts of the field require to select one of the different system and method already introduced for the education of the visually handicapped. Before proceeding further the other component i.e. development of intellectuality deserves brief explanation and clarification to move forward. The development of intellectuality is a  later  stage refining the knowledge and education by using all means of extra institutional learning process including social re-creational, natural, cultural and religious. In the light of the above explained limitations of a blind person to acquire knowledge through institutionalize system, it is very difficult to develop the wisdom and intellectuality by availing   the limited facilities and atmosphere within the four boundaries of an institution. As such we are compelled to find other option through which, again we may be able to avail all the possible opportunities and resources available to the normal citizen for the gaining of knowledge and promotion of intellectuality. Here we need to think over another important component of the topic that is inclusion. According to the consensus of the analyzation of all the suggested solutions of the problems of a blind/disabled community, specially from the point of view of self help movement, the social integration is the only practical and fruitful solution of the most of the social, cultural and otherwise problem faced by the disabled community to contribute as a normal  citizen and to enjoy equally the socio economic status by playing active role in all walks of life according to the situation and status. The international study in the field further describes that the purpose of social integration cannot be achieved until barrier free participation of the disabled specially of a blind is not ensured. To ensure the full, free and equal participation as per requirement, society will have to be really accessible in all respect so that blind community can join the society by availing all facilities to play its role in all the social institutions which are the grater college of knowledge, promotion and development of intellectuality. The study further identify that there are two main aspect of the issue to be attended and addressed equally and simultaneously to provide the accessible environment for development of intellectuality for the blind. First to allow a blind person to get himself trained and educated enough to encounter the ill effects of the limitation and ill approaches due to the blindness. Second to developed the society on the basis of inclusion by providing friendly environment and attitude so that a trained and socially educated blind person can play his/her role confidently and comfortably as a contributing members of the society. The prevailing history of blind community with special reference to the education system, tells us that those blind citizens who are trained and educated only in the four walls of special centers, cannot  comfortably encounter the  hesitation to face the ordinary society because they are not accustomed and familiar to that extent. While other who completed their education and training through the ordinary system by stream lining themselves, are comparatively much confident and practical to play their role as the equal citizens and are enjoying  the life as a equal partner and social life as well. Therefore it is consider advisable to suggest that on one hand we should arrange the institutional   and educational facilities for the blind children and on the other we should encourage them to involve themselves socially, culturally, naturally and otherwise in the society so they can avoid the hesitation due to the ill approaches and un-healthy tendency.