People with disabilities face some of the most brutal conditions during war. We need urgent change

Analysis: Strides have been made in recent decades among the UN and humanitarian organisations to try and put protections in place, writes William Pons. But they need to be enforced and expanded so that the suffering of people with disabilities is not left in the shadows

An elderly disabled man sits on a bed as residents of a building, partially destroyed after shelling in Kharkiv (AFP via Getty Images)

The devastating images from the war in Ukraine are a stark illustration of the consequences of conflict for ordinary people. The threat of injury or death from shelling, drones or missiles hangs over everything – in addition to day-to-day shortages of food and water, the destruction of schools and hospitals and potential criminal or sexual violence.

But it is also a fact that these harmful effects are not uniformly felt. Instead, studies show that minority groups are more significantly impacted by the destructive effects because war amplifies inequalities and vulnerabilities that already exist in society.

Humanitarian organisations and the United Nations have responded by undertaking numerous measures and initiatives to ensure the specific protection and assistance needs of women and children are included in their work. Yet, people with disabilities, who constitute one of the largest minority groups globally (15 per cent of the world’s population or around one billion people), remain largely invisible.

Referred to as the "forgotten victims of conflict" by the UN Committee on the Rights of Persons with Disabilities, those with disabilities do not simply face the same host of risks and dangers associated with the destruction and degradation of essential services as the rest of the civilian population. Instead, they have an added layer of challenges in facing these hazards and accessing already scarce resources and services because of preexisting physical and policy barriers, social stigma, and discrimination, making their safety and survival that much more difficult.

No matter whether it is the conflict in Ukraine, Syria, the Democratic Republic of Congo, Myanmar, Ethiopia or anywhere else, the reality for persons with disabilities is the same. When there are attacks, airstrikes, or bombings, persons with disabilities are unable to flee and can even be abandoned by family members and friends because the warning systems, evacuation procedures, and shelters are not accessible and do not consider their needs. For those persons with disabilities lucky enough to survive and make their way to find help, they must navigate aid programmes infused with the same physical and policy barriers, social stigma, and discrimination they faced before the conflict began.

Members of the Vostok SOS team help a woman with limited mobility to get on an evacuation train in Pokrovsk, Donetsk region (AFP via Getty Images)

This disregard for the inclusion and consideration of the needs of persons with disabilities is even more stark as research has shown that in conflict-affected populations, the rate of disability increases to as high as 20 per cent, and conflict both exacerbates existing impairments and causes secondary impairments. Meaning that as the overall number of persons with disabilities and their needs increases, the already insufficient infrastructure becomes even less able to provide the necessary support and services, continuingly worsening the outcomes for persons with disabilities.

The Convention on the Rights of Persons with Disabilities and international humanitarian law require states and parties to conflict to ensure the protection of persons with disabilities and their rights during conflict. While important progress has been made in recent decades, three reports from the UN Special Rapporteur on the Rights of Persons with Disabilities have found provisions distinctly lacking. Those with disabilities remain invisible in the fog of war.

My own scholarship has shown that in addition to failing to protect persons with disabilities, States and other parties to conflict actively target people with disabilities during fighting – as The Independent's investigation clearly illustrates. These potential war crimes and crimes against humanity do not get the attention they deserve, despite the international obligation to provide accountability for such crimes.

None of this need be the case. The legal foundation, policy frameworks and plain moral decency on the issue are all in agreement—the obligations are detailed and clear. What is lacking is the willingness to make sure they are followed and to punish those who don't.

Action needs to be taken by states and parties to conflict to make meaningful changes to their military manuals, emergencies and evacuation planning, rules of engagement, operational, strategic, and tactical guidance, and protection of civilian frameworks, to consider and account for the specific needs (both protection and humanitarian) of persons with disabilities. It is not simply the proper or moral thing to do – although it is that also – but it is a legal requirement if those involved in conflict wish to comply with international humanitarian law. And while it sounds like an arduous undertaking, these changes have already been made to better protect women and children. Besides, States should not wish to keep subjecting a significant minority of their population to continuing and avoidable harm.

William I. Pons is former senior legal advisor to the UN Special Rapporteur on the Rights of Persons with Disabilities and currently a Fellow at the Harvard Law School Project on Disability, and Adjunct Professor of Law at the University of Maryland School of Law. The views and statements in this piece are his own and do not reflect the positions, opinions, or thoughts of any organisation or individual

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