Learning from South Asia: Advancing Electoral Inclusivity for Persons with Disabilities in Nepal

Introduction

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

Main Summary

Legal framework: a promising but incomplete foundation

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

Furthermore, Nepal’s Rights of Persons with Disabilities Act (2017) provides a legal basis for ensuring equal electoral participation. Article 11 explicitly states that persons with disabilities have the right to stand for election and to cast their vote in a fear-free environment. Furthermore, electoral laws provide for separate queues for voters with disabilities and assistance from election officials or family members to cast their vote. However, these laws are not enforced in practice and key provisions related to persons with intellectual and psychosocial disabilities still restrict their right to vote by classifying them as “mentally disturbed”.

Current electoral inclusiveness in Nepal

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

Positive aspects:

• 1. Voting centres have been located on the ground floor, ensuring basic physical accessibility. Local electoral authorities have also sought to address barriers.
• 2. There have been no reported cases of discriminatory behaviour and election staff have generally been supportive of voters with disabilities.
• 3. Around 50% of polling station staff have received disability guidance, which is a step towards greater inclusion. People with disabilities have even been hired as polling station staff, which sends a strong message about the need for representation.

Negative aspects:

• 1. Legal gaps: Election-related laws and guidelines do not fully incorporate the mandates of the CRPD, the Constitution and the Disability Rights Act. These gaps result in insufficient accessibility in electoral processes.
• 2. Physical accessibility: While ground-floor voting centers are a good start, barriers remain within them. Only 67% of voting centers have accessible corridors, and key amenities such as toilets and seating areas are often inaccessible.
• 3. Information and communication: Election-related materials are largely inaccessible, preventing people with disabilities from making informed voting decisions.
• 4. Lack of voter education: Voter education programs have not adequately included people with disabilities, further marginalizing this group.

Regional best practices: lessons from South Asia

Nepal can learn valuable lessons from neighbouring countries such as Sri Lanka, Pakistan and India, which have launched various initiatives to make elections more inclusive.

Sri Lanka:

• Introduction of tactile voting guides for visually impaired voters.
• Institutionalization of sign language in elections, along with training of electoral workers in sign language.
• Production of accessible voter education materials in multiple formats.

Pakistan:

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

India:

• Use of Braille ballots and Braille-enabled voting machines to assist visually impaired voters.
• Accessible mobile apps, such as Saksham, that enable voters with disabilities to register and receive assistance at polling stations.
• Services for voters with a disability of 40% or more, allowing them to cast their vote from home using mail-in ballots.

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

Recommendations for Nepal

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

• 1. Increased monitoring and enforcement: The Election Commission of Nepal (ECN) should rigorously monitor polling stations using a disability-specific checklist developed in collaboration with disabled people’s organizations (DPOs).
• 2. Reform of electoral laws and policies: Electoral laws should be updated to bring them into line with the CRPD, the Constitution and the Law on the Rights of Persons with Disabilities. Particular attention should be paid to ensuring that persons with intellectual and psychosocial disabilities are not unfairly denied their right to vote.
• 3. Improve 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 provisions on personal assistance: Current laws limit personal assistance to visually impaired voters, restricting assistance to other persons with disabilities. The NCS should expand these provisions to cover all types of disability, ensuring freedom of choice when selecting personal assistants.
• 5. Comprehensive accessibility audits: The ECN must conduct comprehensive accessibility audits at polling stations, ensuring that voters with disabilities can access all services and facilities 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 should ensure that all digital platforms related to voter registration, candidate information and voting procedures are fully accessible. Websites and mobile applications should comply with international web accessibility standards, such as the Web Content Accessibility Guidelines (WCAG), and provide options such as screen reader support, keyboard navigation and alternative text for images, so that people with disabilities can easily access essential electoral information and services.
• 8. Enhanced voter education: The NCS and stakeholders should ensure that voter education programmes are accessible to all persons with disabilities by adopting inclusive spaces, techniques and materials.
• 9. Representation in electoral management: People with disabilities should be employed as accessibility consultants and election observers, offering insights on inclusion and holding the system accountable.

Conclusion

In summary, while Nepal’s legal framework on disability rights promises inclusion and equality, the practical realities of electoral accessibility reveal significant shortcomings 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 for Nepal to improve electoral inclusion. 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 inclusion and justice enshrined in its laws and international commitments.

About the author

Jalasa Sapkota is a writer, researcher and disability rights activist. Explore Jalasa’s full bio to get complete information about her background, experience and achievements.

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Cite this page (APA): Jalasa Sapkota. (September 16, 2024). Learning from South Asia: Promoting electoral inclusion for people with disabilities in Nepal. Disabled worldRetrieved September 16, 2024 from www.disabled-world.com/disability/accessibility/electoral-inclusivity.php

Permanent link: Learning from South Asia: Promoting electoral inclusion for people with disabilities in Nepal: This article explores the practical challenges faced by persons with disabilities in Nepal in exercising their fundamental right to vote, despite existing constitutional and legal provisions aimed at promoting inclusion.

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