Many youths with disabilities are concealed by their families from birth, thus being excluded from birth and national registration. Some persons with disabilities also experience stigma in voter identification and national registration processes
The right to vote is a fundamental human right and is essential for a well-functioning democracy.
And the universal, equal, free and secret ballot principles form an integral part of the fundamental right of persons with disabilities to vote. However, persons with disabilities, especially those with mobility impairments or those who are blind have been prevented from gaining access to polling places. We will know more about how this right was respected during the recent local election over the months.
While Nepal is a signatory to several international human rights instruments, including the Convention on the Rights of Persons with Disabilities (CRPD), the national implementation process has been slow.
Policymakers are not ready to address disability issues because most of them still embrace stereotypes, and it is challenging to change such a mindset.
Article 18 (2) of Nepal's Constitution 2015 states that there shall be no discrimination on anyone, including those with disability, in the application of general laws. The Rights of Persons with Disabilities
Act 2017 Section 11 states that persons with disability, on an equal basis as of other persons, shall have the right to be a candidate in elections in a fearless environment, and have right to cast votes voluntarily with or without someone's support.
However, the government is unable to implement these legal policy provisions to enable persons with disabilities to realise their right to vote.
The international legal framework seeks to ensure that persons with disabilities enjoy the same rights as able-bodied people. But in practice, they usually face social, legal and, most importantly, practical barriers in claiming and fully enjoying their voting rights.
Nepal's election laws regarding assistance to vote say that voters with disabilities may be accompanied by the polling officer, or an immediate family member permitted by the polling officer, to mark their ballots.
Laws further say that a separate queue be available for voters with disability or illness, the elderly, pregnant women and new mothers. Despite the elaborate provisions on including persons with disabilities in political and public life in Nepal, political participation by persons with disabilities remains minimal.
The barriers to their participation are roughly split into five categories: Architectural and physical: Physical inaccessibility remains an enormous barrier for persons with disabilities to participation.
Public transport remains largely inaccessible to them due to the design of public service vehicles and the attitude of the operators. Many persons with disabilities, therefore, avoid activities that would require them to leave home, including voting and participating in political rallies.
Also, many polling stations are overcrowded during voting, and are characterised by long queues. The long queues are a great strain on persons with disabilities.
Attitudinal and cultural:
The attitude towards persons with disabilities remains a major hindrance to their equal and full participation in society. Many youths with disabilities are concealed by their families from birth, thus being excluded from birth and national registration. Some persons with disabilities also experience stigma in voter identification and national registration processes because they do not have fingers for imprinting during the identification process. This stigma causes them to opt out of national registration and voter registration exercises.
Informational and communication barriers: This occurs when the method of sharing information is not accessible. For example, printed materials are not accessible to persons who are blind, and radio is inaccessible to persons who are deaf. Technology holds great potential for increasing participation by persons with disabilities, but the high cost of the necessary devices, internet and training on their use preclude many people, especially in remote rural areas, from acquiring the necessary equipment to facilitate their participation.
Legal and policy: Nepal's election laws do not address persons with disabilities effectively. The election laws refer to persons with intellectual disabilities and psychosocial disabilities as being of an unsound mind, restricting their right to vote as enshrined in the international human rights instruments. During the 2017 provincial and federal elections of Nepal, independent disability rights activists found that the votes of disabled people, especially those having intellectual and psychosocial disability and visual impairment, were misused.
Socio-economic barriers: Many people with disabilities have lower levels of education, and thus low income.
Both poverty and disability result in stigma and social exclusion, and ultimately result in limited electoral participation.
Without resources, it is also impossible to mount effective campaigns for election to public office. It is asserted that even the reduced nomination fees introduced by the Election Commission are beyond the reach of most persons with disabilities.
As a State Party to the CRPD, Nepal must first, design workshops for disability rights activists to increase familiarity with national and international frameworks that protect their rights. Second, provide Braille and/or audio guides for persons with visual disabilities. Third, voting must be on the ground floor to make polling booths reachable for wheelchair riders. Fourth, place polling stations in settings where disabled persons gather, and implement in-home voting for individuals with severe mobility impairments.
Fifth, work with local Disabled Persons' Organisations (DPOs) to train persons with disabilities to serve as election monitors.
Sixth, work with DPOs to leverage the Bill of Electoral Rights for persons with disabilities to fight against discrimination.
Joshi is Executive Director, Equip for Equality Nepal
A version of this article appears in the print on May 26, 2022, of The Himalayan Times.