Learning From South Asia: Advancing Electoral Inclusivity for Persons With Disabilities in Nepal

Author: Jalasa Sapkota
Published: 16 Sep 2024 - Updated: 30 Sep 2024
Publication Type: Opinion Piece, Editorial

Contents: Synopsis - Introduction - Main - Related Publications

Synopsis: Nepal's Rights of Persons with Disabilities Act (2017) election laws mandate separate queues for voters with disabilities and assistance from polling officers or family members when voting. However, these laws fall short in practical implementation, and key provisions related to persons with disabilities still restrict their right to vote by categorizing them as of "unsound mind".

Introduction

The international legal framework guarantees persons with disabilities the same rights as their able-bodied counterparts, but practical implementation remains challenging. In Nepal, despite constitutional and legal provisions aimed at promoting inclusivity, persons with disabilities continue to face significant social, legal, and practical barriers to exercising one of their fundamental rights: the right to vote.

Main Content

Legal Framework: A Promising but Incomplete Foundation

The United Nations Convention on the Rights of Persons with Disabilities (CRPD), particularly Article 29, establishes the right of persons with disabilities to participate fully in public and political life. It mandates that voting procedures, facilities, and materials must be accessible to ensure their effective participation. Similarly, Nepal's Constitution (2015), under Article 42(1), enshrines the right of persons with disabilities to participate in state bodies based on the principle of inclusion.

Moreover, Nepal's Rights of Persons with Disabilities Act (2017) provides a legal basis for ensuring equal electoral participation. Section 11 explicitly states that persons with disabilities have the right to be candidates and cast votes in a fearless environment. Additionally, election laws mandate separate queues for voters with disabilities and assistance from polling officers or family members in casting their votes. However, these laws fall short in practical implementation, and key provisions related to persons with intellectual and psychosocial disabilities still restrict their right to vote by categorizing them as of "unsound mind."

Current Electoral Inclusivity in Nepal

According to the Election Access Report conducted by the Blind Youth Association Nepal (BYAN), while some positive strides have been made, significant gaps remain.

Positive Aspects:

• 1. Polling centers have been placed on the ground floor, ensuring basic physical accessibility. Local election authorities have also attempted to address barriers.
• 2. There have been no recorded cases of discriminatory behavior, and polling staff have generally been supportive of voters with disabilities.
• 3. Around 50% of polling staff have received orientation on disability issues, a step toward greater inclusivity. Persons with disabilities have even been employed as polling staff, sending a strong message about the need for representation.

Negative Aspects:

• 1. Legal Gaps: Election-related laws and guidelines fail to fully embody the mandates of the CRPD, the Constitution, and the Rights of Persons with Disabilities Act. These gaps result in insufficient accessibility in electoral processes.
• 2. Physical Accessibility: While ground-floor polling stations are a good start, barriers persist within polling centers. Only 67% of polling centers have accessible pathways, and key services such as toilets and seating areas often remain inaccessible.
• 3. Information and Communication: Election-related materials are largely inaccessible, preventing persons with disabilities from making informed voting choices.
• 4. Lack of Voter Education: Voter education programs have failed to adequately include persons with disabilities, further marginalizing this group.

Regional Best Practices: Learning from South Asia

Nepal can draw valuable lessons from neighboring countries like Sri Lanka, Pakistan, and India, which have implemented various initiatives to make elections more inclusive.

Sri Lanka:

• Introduction of tactile ballot guides for visually impaired voters.
• Institutionalization of sign language in elections, alongside training poll workers in sign language.
• Production of accessible voter education materials in multiple formats.

Pakistan:

• Adoption of a disability-inclusive policy by the Election Commission of Pakistan (ECP).
• Creation of Social Inclusion Wings and Gender & Disability Inclusion Cells to monitor and address inclusivity.
• Provision of accessible postal ballots for persons with disabilities.

India:

• Use of Braille ballots and Braille-enabled voting machines to assist visually impaired voters.
• Accessible mobile applications, such as Saksham, enabling voters with disabilities to register and receive assistance at polling stations.
• Services for voters with a disability rating of 40% or greater, enabling them to cast their votes from home through postal ballots.

These countries also focus on ensuring that poll workers are trained in disability inclusion, that voter information is available in accessible formats, and that persons with disabilities are provided appropriate assistance throughout the voting process.

Recommendations for Nepal

Building on international best practices, Nepal must take significant steps to ensure its electoral process is fully inclusive and accessible:

• 1. Stronger Monitoring and Enforcement: The Election Commission of Nepal (ECN) should rigorously monitor polling stations using a disability-specific checklist developed in collaboration with organizations of persons with disabilities (OPDs).
• 2. Reform of Electoral Laws and Policies: Election-related laws should be updated to align with the CRPD, the Constitution, and the Rights of Persons with Disabilities Act. Special attention should be given to ensuring that persons with intellectual and psychosocial disabilities are not unfairly denied their right to vote.
• 3. Improved Voter Registration: The ECN should maintain a detailed database of voters with disabilities, categorized by type of disability, to tailor polling station services to specific needs.
• 4. Expanded Personal Assistance Provisions: Current laws limit personal assistance to voters with visual impairments, restricting others with disabilities. The ECN should expand these provisions to cover all disability types, ensuring freedom of choice in selecting personal assistants.
• 5. Comprehensive Accessibility Audits: The ECN must conduct thorough accessibility audits at polling stations, ensuring that voters with disabilities can access every service and facility without barriers.
• 6. Accessible Information and Communication: Election-related materials should be available in Braille, sign language, audio, and easy-to-read formats.
• 7. Digital Accessibility of Electoral Systems: The ECN must ensure that all digital platforms related to voter registration, candidate information, and voting procedures are fully accessible. Websites and mobile applications should adhere to international web accessibility standards, such as the Web Content Accessibility Guidelines (WCAG), providing options like screen reader compatibility, keyboard navigation, and alternative text for images so persons with disabilities can easily access essential electoral information and services.
• 8. Enhanced Voter Education: The ECN and stakeholders must ensure that voter education programs are accessible to all persons with disabilities by adopting inclusive venues, techniques, and materials.
• 9. Representation in Electoral Management: Persons with disabilities should be employed as accessibility consultants and polling observers, offering insights on inclusivity and holding the system accountable.

Conclusion

In summary, while Nepal's legal framework for disability rights promises inclusion and equality, the practical realities of electoral accessibility reveal significant deficiencies that undermine these ideals. Gaps in implementation, combined with persistent physical, informational, and procedural barriers, highlight the disparity between legal promises and lived experiences. Regional best practices in South Asia offer a clear path forward for Nepal to enhance electoral inclusivity. Addressing these gaps is urgent and imperative. Nepal must act decisively to ensure that the right to vote becomes a reality for all its citizens, truly reflecting the spirit of inclusivity and justice enshrined in its laws and international commitments.

Author Credentials: Jalasa Sapkota is a visually impaired writer, researcher, and advocate for disability inclusion. With a background as a former Research Assistant at Diverse Patterns Limited and now as a Resource Person for the International Council for Education of People with Visual Impairment's (ICEVI) Gender Equality and Women's Rights Task Group, she has dedicated her career to advancing the rights and opportunities of persons with disabilities. Visit Jalasa's biography for comprehensive insights into her background, expertise, and accomplishments.