A tale of the visually impaired ‘love’ and authorities’ obligations to inclusivity
Sunday, December 03, 2023
Visually impaired people with the white canes at Masaka in Kicukiro District. Photo by Craish Bahizi

Last month, I received a call from my friend John (not real name) who shared some exciting news: he and his partner, Jane (not her real name), were getting married at a sector office in Kigali.

Eager to be part of the celebration, on the D-day, I went to the sector office, and found John and Jane's family, friends, and colleagues—all gathered to witness their official union.

John and Jane, in their twenties, both are visually impaired. Despite life's challenges, they navigated their way through by relying on their other senses. Their paths crossed in Kigali, where they found love.

Elegantly dressed in black and purple, seated at the front with the matron and best man by their sides. As the Executive Secretary, who is also the civil registrar, finished the lecture about the legal aspects of marriage, he invited the couple to the pulpit to take the oath of marriage, as his colleague guided them to the stage through a ramp built for wheelchair users because the stairs seemed too steep, and the bride and the groom seemed hesitant to use them.

The most interesting and time-consuming experience unfolded when Jane and John came to perform the main activity of the day — taking the marriage oath. At the pulpit, Jane and John were ready with the braille reader they had privately printed but rather got involved in endless discussions with the registrar’s colleague, because they couldn’t read the braille and still hold the Rwandan flag, as stipulated by the law, since they use their fingers to read the braille.

They went back and forth, consulting with the Executive Secretary and the couple but seemingly with no solution. After around 20 minutes, everyone in the room started mumbling and whispering in complaints about why Jane and John were not taking the oath.

Given my passion for disability inclusion and hope to help my friends, I risked gently moving to the stage to get a glimpse of what was going on. The sector officials had refused to apply any exception to the principle and insisted that Jane and John cram the oath and recite it.

Fortunately, what caused visual impairment to Jane and John also strengthened their other special ability to cram and recite the 39 words long oath. They did it successfully though it took like 20 minutes more than it should have. Despite that, it was tense and uncomfortable for the couple and the congregation.After all, the objective was achieved - they were legally united.

The rights of visually impaired individuals in Rwanda are protected under various international and domestic laws and policies. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which Rwanda ratified in 2008, promotes, protects, and ensures the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and promotes respect for inherent dignity. Nationally, the Constitution of the Republic of Rwanda of 2003, as revised todate, article 16 provides the same fundamental rights for all citizens as the Universal Declaration of Human Rights. Article 10 of the Constitution stipulates that "Building a State committed to promoting social welfare and establishing appropriate mechanisms for equal opportunity to social justice.” In addition, Article 51 provides for the welfare of persons with disabilities and other needy persons, whereas Article 8 stipulates that, "...the state has a duty within its means to undertake special actions aimed at the welfare of persons with disabilities....”

In addition to the constitution, there are also various laws and ministerial orders protecting the rights of persons with disabilities including Law No. 08/2010 on the Rights and Protection of Persons with Disabilities which specifically addresses the rights of persons with disabilities, including visually impaired individuals. It promotes their full inclusion and participation in society, ensuring equal access to education, employment, healthcare, and public services.

Article 177 of Law nº32/2016 of 28/08/2016 governing persons and family provides that the oath of the spouses and the oath of the civil registrar are taken when they are raising the right arm while the left arm holds the national flag. Failure to take oath due to disability, they are asked to wear it.

It is important to note that while Rwanda has made progress in protecting the rights of visually impaired individuals, challenges still exist in terms of implementation and awareness. The option of wearing the flag was not perhaps known by the sector team and they were unwilling to discuss any other options, as advocated by some of us in the room.

Frustrated by the incidence, John and Jane shared a deep understanding of the struggles they face as visually impaired individuals, but their bond seemed to grow stronger as they moved towards fully being husband and wife.

Clement Kirenga is an inclusion activist, advocating for gender equality and the promotion of the rights of Person with Disabilities