A Handicapped System

by Nader Houella

A Handicapped System
Bureaucracy and Lack of Transparency Isolating the Handicapped Citizens in Lebanon

1 – Introduction:

Handicapped individuals are primarily human beings, and citizens of the Lebanese society. Accordingly, they do have duties and are entitled to a set of rights. Article 7 of the Lebanese constitution has outlined that the Lebanese citizens are equal under the authority of the law and should enjoy similar political and civic rights, acknowledge similar public responsibilities and duties with no discrimination. The Universal Declaration of Human Rights, which Lebanon has signed and contributed in, clearly states in its Article 1: “All human beings are born free and equal in dignity and rights” and article 6: “Everyone has the right to recognition everywhere as a person before the law.”

According to official estimates, 10% of the overall Lebanese population is handicapped, totaling to approximately 450,000 individual. However, although the Lebanese constitution does not deny the rights of the handicapped in the various realms of the social and political life, these rights remain far from being accessible by Lebanon’s handicapped citizens. Their lives are left in the hands and care of non-governmental organizations, charity associations some of them religiously and politically oriented.

2 – Law 220/2000

In the year 2000, and after almost a decade of hard work, the law 220/2000 for the “Rights of the Handicapped Individuals” has been passed by the Lebanese Parliament. The articles 68 until 82 of that law clearly outline the rights of the handicapped in employment, social welfare, labor orientation in both the private and public institutions.

For example, article 69 states: “The disability by itself is not considered an obstacle for any employment. Article 73 states: “3% of the positions in the public institutions are to be dedicated for handicapped individuals”. Other articles note the social welfare assistance and unemployment benefits which the handicapped individual is entitled to receive in various situations.

The law and all of its articles are based on the principles of human rights and equal opportunities to every citizen, regardless of gender, race or physical condition. The public institutions play a crucial role in implementing this law and its corresponding articles. The Ministry of Social Affairs is mainly responsible to facilitate and monitor the implementation process, making sure that the violations are minimal and held accountable for. The Ministry of Labor and the Ministry of Finance are responsible for ensuring that the 3% employment opportunities are provided to the handicapped individuals, while imposing fines on the companies and institutions that do not comply. However, according to figures, only 7% of the currently employed handicapped individuals are in the public sector, while 93% of them are in the private sector.

3 – Member of Parliament Ghassan Mukheiber

The law 220 or handicapped rights was written by MP Ghassan Mukheiber, who was a lawyer in the year 2000 when the law was passed. According to MP Mukheiber, the law was a result of a joint effort between the civil society and the official authorities. “Several civil society organizations took part in preparing, lobbying and presenting ideas for the law over the years” says Mukheiber, who believes that policies should never be left to the politician alone, since the politician in Lebanon is “most of the time overwhelmed with pressing issues”.

The significance of this law, according to Mukheiber, is that the civil society itself was able to realize a comprehensive legal framework that aims to guarantee the rights of the handicapped. “As such,” explains Mukheiber, “this law is considered as a model for supporting the rights of the handicapped in the region. Another achievement which Mukheiber considers central in properly implementing the law is the creation of the National Committee for Handicapped Issues. This official committee, which is within the Ministry of Social Affairs, includes 14 civil servants and 4 handicapped individuals from different civil society organizations. Together, they join efforts to ensure the proper implementation of the different aspects of the law, in addition to enforcing it by designing systems to monitor and supervise its implementation.

However, the committee continues to face obstacles that hinder its work. “Some sections of the law require issuing decrees and complex bureaucratic and legal procedures” says Mukheiber. He further explains that paving ramps for wheelchairs within buildings, for example, requires modification of the construction laws. Moreover, providing the handicapped individuals with the 3% employment quota within the private sector requires close and constant monitoring and accountability procedures for the companies that do not abide by it. Such procedures, according to Mukheiber, are still not present and are not even welcomed by the private sector itself. “Beyond simple official support, the law needs a change in the mentality among the members of the society” explains Mukheiber, adding: “Just like there was a joint effort with the civil society to draft the law, it requires an even broader effort to implement it”.

When asked about the reasons behind the delay in drafting such an urgent law and why it has little or no official support, Mukheiber explains that the governments had and continue to have “other priorities”, in addition to the fact that the Member of Parliament in Lebanon lacks research support and is “often left alone” to deal with day-to-day issues. In comparison, Mukheiber says: “In the United States, for example, the congressmen are supported with a budget and team for research and development”, which is something every Member of Parliament in Lebanon needs, but currently lacks. Therefore, any proper implementation of this law requires both awareness on the social level and a more efficient system on the official level.

4- The Lebanese Physically Handicapped Union – Dr. Marwan El Bast

Dr. Marwan El Bast is an employee in the Lebanese Physically Handicapped Union, a non-governmental organization that has been working for years to improve the circumstances of the handicapped. Working in his office along with his fellow handicapped coworkers, he feels fortunate to have had this job, since he once applied for a similar administrative job in the National Social Security Fund, but was rejected because of his handicap.

In the past, the handicapped individual was perceived as a patient with a severe medical condition, treating him on the basis of sympathy and humane support. Today, the handicapped individual is being seen as a member of the civil society, with both rights and duties, in addition to having capabilities, skills and sometimes talents. The law took 10 years of continuous work. “However, not more than 10% of it is implemented”, according to Dr. Bast, who believes that the main problem lies in the lack of coordination among the official authorities. “You need the support of the Ministry of Education in providing appropriate academic programs, the support of the Ministry of Finance in financing and managing the fines, in addition to the Ministry of Social Affairs in being the catalyst for the whole process” he explains, adding the role of the Ministry of Public Works in constructing the suitable support systems in the public transportation.

Whether a breakthrough in the implementation of this law is possible or not, Dr. Bast cites important models for such an achievement. In the year 2007, the re-construction plan for the Nahr El Bared camp in North Lebanon included the contribution of the National Committee for the Rights of the Handicapped, which delegated an engineer who was able to include the appropriate modifications for the buildings and roads that would provide accessibility for wheelchair individuals. “This was an important achievement which proves that implementing important articles of this law is very possible” says Dr. Bast.

5- An Inaccessible Public Sphere

Touring around the cities in Lebanon, one might feel that the tension of traffic, rush hours and road works might be the most prominent hindrances on the road. However, for the handicapped individual, the Lebanese roads are paved with obstacles to access, mobility and necessary facilities for civic participation.

A series of studies conducted by the Lebanese Physically Handicapped Union, interesting facts were revealed. In one study executed in southern Lebanon by the, up to 80 buildings were examined, and not one of them was properly equipped to handle wheelchair individuals. As far as political participation is concerned, another study was conducted to examine the readiness of electoral centers in the capital Beirut. Out of 70 electoral centers in Beirut alone, only 2 satisfied the conditions that allow handicapped individuals, mainly those on the wheelchairs, to have access to. Here it should be noted, that the Lebanese Minister of Interior, Mr. Ziad Baroud, has recently announced a decree that calls for the installation of required equipment, ramps and other facilities for handicapped individuals in order to enable them to vote. However, proper application of this procedure will not be completed before the upcoming elections.

As far as public schools are concerned, studies by the LPHU show that there is almost no public school in Lebanon that supports handicapped students, with only a few private schools and universities that include facilities in their buildings for this regard. However, according to another study by the LPHU, the cost of equipping the schools for handicapped individuals is not more than 60 million dollars a year, which is only 0.8% of the Ministry of Social Affairs’ budget over 6 years.

6- The Lebanese Shadow Youth Government – Ayad Wakim

Sitting in his Annahar Building office, he is in constant movement. Moving between his computer, files, phone and meetings; Ayad Wakim’s dynamism is rich with energy and full of dedication. However, Ayad has been on a wheelchair for 20 years now. “I was wounded in the Lebanese civil war” he explains, adding that he has been constantly working for the past 5 years, once as a procurement manager for the NGO “Arc En Ciel”, another time as a teacher in the Kafaat Institute, in addition to being consultant in a management company.

Today, Ayad is the Secretary General of the Lebanese Shadow Youth Government ever since 2006. He handles delicate everyday responsibilities, such as dealing with the press, chairing the Youth Government meetings and acting as a catalyst for the government’s upcoming projects. Nevertheless, when Ayad applied for a position in public office, he was rejected due to his handicap. “I was not even allowed to do the exam, although I was examined by the medical committee and my situation was approved” he adds. However, according to Ayad, although the perception in the public institutions has not changed much, the situation is different in the civil society. “Several years ago, I used to be viewed as an alien from outer space, receiving strange looks from people in public” says Wakim, noting that people used to feel as if the handicap is contagious. “Today, the situation has changed” he adds, “the society has evolved, I am much more comfortable in the society, but not in the public institutions”.

Such an experience, once again, highlights the bitter reality in Lebanon where the public institutions continue to lag behind the civil society in guarding, enforcing and supporting the human rights of the citizenry, especially those of the marginalized entities of the society. It also proves that although they might be confined to their wheelchairs, handicapped citizens can be as dynamic, effective and an added-value to their community as non-handicapped individuals, and therefore should not be considered a burden, but given a chance to thrive and show their own potential.

7- Conversations with the Deaf

It was an exciting day for basketball lovers in Lebanon. An all-start game between two rival competitors is taking place in the evening. Cheering fans filled the corners of Beirut city; people where in their cars, coffee shops, restaurants or simply surrounding their television sets in their own homes, with the loud sounds of the game dominating their neighborhoods. However, one place remained silent. It was the home of Ahmad and his siblings, sitting in their room following every minute of the game with great excitement. Their expressions, however, were not like any other: waving chopping motions in the air, jumping, rapid sign language, moaning and other gestures. Expressions that were only understood by them, or those who share their handicap: they were deaf individuals.

The basketball game reaches an end. There is a valuable opportunity to speak to Ahmad. His eyes clearly shine with intelligence and excitement. Comfortable with himself, Ahmad is aware that his language might make many others surrounding him uncomfortable. “People would make fun of my gestures or the fact that I cannot pronounce words as they do” signs Ahmad, through an interpreter. “I can only feel comfortable sharing my day with those who are just like me, my siblings” he says, through the interpreter again, explaining that his handicap is genetic. “But it is not lethal” he adds, “and people should not be scared if I try to enjoy my time in a coffee shop, a library or doing simple daily activities”

Being misunderstood by many and lacking official support, Lebanon’s deaf individuals are often treated as outcasts. Facing budget constraints, lack of clear national strategies and efficient projects, the government continues to lag behind the civil society in providing the deaf population in Lebanon with the essential services for their needs. There are only a few non-governmental organizations that interact with the deaf, providing them with trainings, facilities and academic opportunities for them to move on properly in their lives. As far as the educational system is concerned, Ahmad and his siblings have found no place except a highly expensive special education program offered in one of the private schools. “My brothers and I were recently forced to quit this program because we could not afford it” explains Ahmad, through his interpreter, adding that they receive private tutoring for 2 hours each week by a volunteer teacher from an association for the handicapped. Moments later, Nada, their private tutor, enters the room, bringing with her a set of audio equipment and a notebook.

In her training, Nada uses a microphone, 3 SUVAG CT amplifiers and headphones in order to help her students “feel” the vibrations of the sounds as she speaks through the microphone. “They understand the sounds when they feel the vibrations enter their delicate skin inside their ears” Nada explains, as her students carefully explore the pieces of equipment that’s helping them discover more about the world around them. As she speaks, Ahmad watches her lips closely and does his utmost best to answer her questions.

Nada is a volunteer and the equipment she uses to communicate with Lebanon’s deaf individuals is provided through donations to her association. Such a privilege is not prevalent in every Lebanese city or even every Lebanese association for the handicapped, leaving many deaf individuals with everyday obstacles to explore the community which they live in. With the absence of government support and the limited assistance provided by the non-governmental organizations, the situation of Lebanon’s deaf does not see a light in the tunnel ahead, although that there is a comprehensive law outlining their rights that has been written, acknowledged and recognized ever since the year 2000.

8 – Official Sources

After exploring the perspectives of the civil society and the handicapped individuals themselves, it is important to question what official authorities have to say about the situation. Information from these sources uncovers a bitter reality in the public institutions that highlights the core of the problem. According to official sources that preferred to remain anonymous, the main obstacles that hinder the implementation of the law are fully in the public institutions. “It is a result of a bureaucratic system when efficiency is a crucial, and the absence of transparency when every detail is needed” says one official source from the Ministry of Social Affairs. Another source in the Ministry of Labor reveals that the government spent several months debating which ministry should benefit from the fines collected from the non-complying companies, and ended up not applying the legislation at all. In response to a question on why the articles of the law related to employment have yet to be implemented, one official source says that the vast majority of private companies are finding it both a burden and a financial expense to hire a handicapped individual, adding: “The civil society organizations should understand that applying any law cannot be done in a press of a button, but is a complex and time consuming process that requires joint official efforts that were never present”.

9- Concluding

Based on what was explored and discussed above, I believe the handicapped individuals are among the most in need, since they are among the weakest. Yet, they are often ignored or put far down in the government’s priority list.

The realities on the ground reveal continuous daily challenges and obstacles faced by the handicapped individuals themselves, in addition to a clear inefficiency and lack of coordination among public institutions in a highly bureaucratic system resulting in making it handicapped and unable to secure the rights of its most marginalized sections of the society. They also show that handicapped individuals can be productive, efficient and valuable hard workers whose talents and skills can be utilized for the interests of the community. In my opinion, these realities highlight the urgent need for a national and more efficient framework to coordinate the efforts among the public institutions on one hand, and between those institutions and the other sectors of the society on the other hand, including the media, which has a central role in spreading awareness for the handicapped issues. I believe that such efforts would have to include training opportunities, ensuring the rights of employment, political participation and accessibility to public infrastructure. Most importantly, such an outcome would require continuous research in order to further assess the facts and figures that reflect the reality on the ground, based on which joint national efforts should be planned.

In many countries around the world, handicapped citizens are being provided with various opportunities to contribute positively to their society, having their rights guarded and enforced by concerned public institutions, committed to the proper implementation of human rights, equally to every citizen. In Lebanon, however, the gap still remains between our increasingly demanding society and our plentiful, yet inaccessible corridors of our handicapped system.

References Used

Disability Monitor – Middle East. Lebanon Country Profile. Retrieved from www.disabilitymonitor-me.org/resources/Lebanon_Country_Profile.doc

Handicap International – Retrieved from http://www.handicap-international.org.uk/page_189.php

Libanon Project (2008). Project Lebanon Report. By Johanna von Heereman. Retrieved from www.libanonprojekt.de/englisch/Resources/ Project%20Lebanon%20report%202008.doc

The Lebanese Physically Handicapped Union. Disability in Lebanon. Retrieved from http://www.lphu.com/AN/index.asp?Id_Page=4

The Lebanese Physically Handicapped Union. Strategies. Retrieved from www.lphu.com/AN/doc/strategies/planning_document.doc

The Universal Declaration of Human Rights. Retrieved from http://www.un.org/Overview/rights.html

In addition to interviews with the following individuals:

MP Ghassan Mukheiber – An interview

Dr. Marwan El Bast – Lebanese Physically Handicapped Union – An interview

Ahmad Itani – An interview

Ayad Wakim – Lebanese Youth Shadow Government – An interview