When society is unfair to people with disabilities

On the evening of April 4, Simon Eroku recalls going out with a group of about 70 film fans, most of them deaf, to Century Cinemax, located at Acacia Mall in Kampala. Batman Vs Superman was showing and the group was excited.

“We actually knew that a big cinema cannot buy movies that are pirated so we expected that the package Century Cinemax was showing had subtitles. Nothing like that happened. We had to protest. It was discriminating,” Eroku recounts.

He reveals that the cinema management feigned ignorance and actually disappeared on seeing the situation get hard to handle. In their protest, the deaf cinemagoers asked management of Century Cinemax to explain to them why there were no sub titles on a movie that is open to the public, deaf people inclusive.

The Uganda Communications Act 2000, states that there should be equality of treatment. “An operator shall provide equal opportunity for access to the same type and quality of service to all customers in a given area at substantially the same tariff, limiting variations to available or appropriate technologies required to serve specific subscribers.”
“On that movie night, there was the senior supervisor at the cinema.

He was aware we had bought tickets and also knew we were deaf. That night, we opened a case against the cinema at Kira Road Police Post (extortion and denial of public services),” Eroku says.

Though they decided that the case in police was not so important, the deaf people engaged the cinema manager the next day, who Eroku says, insisted the cinema does not provide subtitles.

He further recalls: “When we suggested that he tells us the source of the DVD, he got furious claiming it was UCC to blame. That’s how we decided to petition UCC.”

When contacted, Henry Bagonza, a supervisor at Century Cinemax, explains that they received a booking for 40 people on the said date by an individual who did not indicate to the cinema that he was booking for deaf people.

“In fact, the person who made the particular booking returned to the cinema and apologised for the mix-up. We offered to screen a free movie for them. The only movies we show with subtitles are Bollywood movies,” Bagonza adds.

Eroku adds that the UCC Act is clear on non-discrimination and equal access to movies and theatres but they (cinemax management) insisted that their theatre was a no-go area for deaf people. “That’s when we realised that we still have a long way to go in cubing discrimination. So, we have been making legal consultation under the umbrella - Forum for Deaf Rights Activists,” he adds.

If no action is taken by UCC to ensure cinemas are inclusive, Eroku says they will have to drag UCC and Century Cinemax to court. They are hinging their legal action on the Constitution of Uganda which clearly affirms the need for equality and equal access to culture and recreation.

That’s in addition to the Persons with Disabilities (PWDs) Act 2006 which, as Eroku quotes, clearly stipulates the need to make all recreational facilities accessible for diverse disabilities.

Sam Gombya, deputy mayor Kampala Central Division, points out that many buildings and social amenities have no consideration for people with disabilities.

“Take for example my work place. It is a storeyed building and I work on the 4th floor. I have to walk four floors to get to my work station which is a lot of work for me,” Gombya, who is also a presenter with Dembe FM, explains.

Public concern
Similar experiences at the law school motivated Laura Kanushu, a lawyer, to start Legal Action for Persons with Disabilities Uganda (LAPD), a law firm that represents and supports them.

She recollects incidents when blind students did not have the necessary machines to study so they had to dictate answers to people during exams, and friends who could not go up staircases to study in the library at the law faculty.

Herself, a physically disabled person, Kanushu says she saw classmates with disabilities grapple with challenges such as walking up staircases to access classes and the library at Makerere University law school.

That was besides stigma from the public and classmates that would use words like lame, dumb which Kanushu says are inappropriate.

“The public has a lot to learn. Until Parliament first received members who had disabilities, they did not care much about amenities to ease life of persons with disabilities. That is when ramps were built at Parliament and toilets with wider doors to allow persons with disabilities comfortably use the toilet facilities,” Kanushu explains.

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

“In Uganda, laws are on paper but no implementation. The High Court is not accessible but lawyers are trained everyday. How do they expect disabled lawyers to access the courts,” she asks.

Government efforts to improve plight of PWDs

Betty Kaggya Nabulime, the acting commissioner for the elderly and disabled at the Gender ministry, does not entirely agree with Kanushu. She says they have done everything possible to make sure that disabled feel all-inclusive in social set-ups of the public.

“We have done awareness programmes with PWDs because some of them do not know their rights. We have also done capacity building through which we have equipped them with employable skills. Many PWDs are very poor,” she explains.

Some of the places she says the ministry has helped PWDs is Kireka Rehabilitation Centre, Lweza Rehabilitation Centre and Ruti Rehabilitation Centre where they tutor them in carpentry and joinery skills, handicrafts, leather work, agriculture and early childhood development.

Kanushu is happy though that some of their suggestions to UCC have been implemented, a reminder to get television stations sign language interpreters. “We have reminded UCC and many have come out to adhere to the law. Cinemas should have sub-titles to enable deaf people to use the cinema too,” the lawyer adds.

Nabulime also says Finance ministry allocates Shs3 billion to help set up income-generating initiatives for PWDs.

“Many PWDs drop out of school and have employment challenges. They are represented at district levels and many write proposal and if passed, are funded. There are beneficiaries in 25 districts,” she says.

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