Domestication of the Convention on the Rights of Persons with Disabilities in Nigeria: In Protection of Disability Rights or in Fulfillment of all Righteousness?

Abstract

The Convention on the Rights of Persons with Disabilities was adopted by the United Nations in 2006.Due to the importance of the Convention in the protection of disability rights, it was received with enthusiasm across the world. The Convention was seen as a milestone in the global effort to protect the rights of persons living with disabilities and ensure inclusion for them in all aspects of life in their societies. In line with obligations assumed by States Parties under the Convention, many States immediately domesticated the Convention in order to quickly give effect to their convention obligations. Nigeria did not domesticate the Convention until 23 January 2019 when the Discrimination against Persons with Disabilities (Prohibition) Act received Presidential assent having been passed by the National Assembly a year earlier. This paper appraises the provisions of the Act and critically evaluates its implementation so far. It shows that due to lack of political will, implementation has lacked vigour as a result of which significant progress has yet to be made in the protection of persons with disabilities from discrimination, stigma and other abuses in Nigeria. It argues that the delay in fully operationalising the National Disabilities Commission established under the Act as the main implementing authority of the Act has further hampered implementation. The paper makes prescriptions for a more robust implementation of the Act for the benefit of persons living with disabilities in Nigeria.