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Electoral Rights for Albanian Voters with Disabilities.Pdf Survey Report 74 ELECTORAL RIGHTS FOR VOTERS WITH DISABILITIES 75 ELECTORAL RIGHTS FOR VOTERS WITH DISABILITIES SURVEY REPORT Tirana, 2012 Survey Report Publication of the Albanian Disability Rights Foundation Authors: Bardhylka Kospiri & Blerta Çani Design & Layout: Orest Muça Translated by: Arben Loka Published in AlbPaper Printing House, Tirana For more information please contact: Albanian Disability Rights Foundation (ADRF) Rr. Bogdani (ish-A.Z.Çajupi) pall. 15 kat i III (3) Tirana, Albania. Tel/Fax: +35542269426 www.adrf.org.al e-mail: [email protected] This report was prepared with the support of Civil Rights Defenders (CRD), in the framework of the project “Free Legal Aid for Persons with Disabilities” The content of this publication is responsibility of ADRF and does not necessarily reflect Civil Rights Defenders views. 2 ELECTORAL RIGHTS FOR VOTERS WITH DISABILITIES TABLE OF CONTENTS List of abbreviations ............................................................................5 List of tables ......................................................................................5 List of figures .....................................................................................6 INTRODUCTION .......................................................................................7 EXECUTIVE SUMMARY ..........................................................................11 METHODOLOGY .....................................................................................13 I. PART ONE Accessibility level in Polling Stations ..........................................................19 I. 1 RESULTS ................................................................................19 I. 2 DISCUSSION ..........................................................................31 II. PART TWO Participation of voters with disability in the voting process ............................35 II.1 RESULTS ................................................................................35 II.2 DISCUSSION ..........................................................................41 III. RECOMMENDATIONS ......................................................................43 3 Survey Report IV. ANNEX 1 Legislation on the electoral rights of the voters with disabilities ..............45 V. ANNEX 2 Complete list of observed sites, by local government unit ......................53 VI. ANNEX 3 Tables of recommendations for specific sites for each local government unit ...........................................................61 VII. ANNEX 4 Table of types of ramps that can be used ............................................67 VIII. ANNEX 5 Types of questionnaires ....................................................................69 VIII. REFERENCES .....................................................................................73 4 ELECTORAL RIGHTS FOR VOTERS WITH DISABILITIES LIST OF ABBREVIATIONS CEC Central Election Commission INSTAT Institute of Statistics ADRF Albanian Disability Rights Foundation VC Polling Station LIST OF TABLES Table 1 Impact of gender on voter participation .........................................36 Table 2 Impact of disability type on voter participation ............................... 36 5 Survey Report LIST OF FIGURES Figure 1. Number of buildings observed in three cities ................................. 13 Figure 2. Observed buildings by destination................................................. 14 Figure 3. Number of polling stations by type of building ................................14 Figure 4. Gender of participants ................................................................. 15 Figure 5. Place of residence of participants ................................................. 16 Figure 6. Type of disability .........................................................................16 Figure 7. Education of participants .............................................................17 Figure 8. Level of accessibility at the building entrance ................................ 19 Figure 9. Number and type of building having ramps ....................................20 Figure 10. Distribution of Polling Stations inside the buildings .........................21 Figure 11. Distribution of VC in building floors ...............................................21 Figure 12. Accessible entrance, Faculty of Engineering, Tirana ........................24 Figure 13. Gustav Mahler School, Tirana ...................................................... 25 Figure 14. Very accessible entrance, 5 VC Arts Lyceum, Tirana ....................... 25 Figure 15. Inaccessible entrance 6 VC, Ballet Secondary School, Tirana ..........26 Figure 16. Accessible entrance Austrian School, Shkodra ...............................27 Figure 17. Inaccessible entrance, Telekom Center, Shkodra ............................27 Figure 18. Inaccessible entrance, Outpatient clinic, Elbasan ...........................28 Figure 19. Accessible entrance Elementary school, Elbasan............................ 29 Figure 20. Participation in the voting process ................................................35 Figure 21. Ways of voting ............................................................................ 37 Figure 22. Difficulties in the voting day .........................................................38 Figure 23. Reasons for non participation in voting ......................................... 38 Figure 24. Steps taken for change ...............................................................39 6 ELECTORAL RIGHTS FOR VOTERS WITH DISABILITIES INTRODUCTION People with disabilities above the 18 years of age have the right, like any other citizen, to take part in elections, to elect or be elected. This right is sanctioned in the Constitution of the Republic of Albania, and the Electoral Code of the Republic of Albania. This right has also been expressed in the National Strategy of Persons with Disabilities, as well as in the UN Convention on the Rights of Persons with Disabilities.1 The legislation/Electoral Code has gone through several improvement stages, a process in which always a commission of experts has been involved. The election processes in Albania have always been accompanied by the efforts of the disability groups, influenced and coordinated by ADRF to enable the participation of voters with disabilities in the elections. These efforts have started since 2002, making possible that through the amendments to the Electoral Code in 2003, Article 100 of the previous Code that ensured the voting of voters with disabilities through assistant, was replaced by Article 103, which provided alternatives for direct participation in the voting process for voters with mobility and visual disabilities. After 2003, the improvements to the Electoral Code have included those that are relevant to the voters with disabilities, aiming at creating facilities for these voters, so that their vote is equal, direct and secret, like that of all the other voters. In the 2008, amendments to the Electoral Code reflected only a part of the legal recommendations package prepared by ADRF, while the 2011 Electoral Code brought nothing new. Nevertheless, despite the improvements made, they are limited because they facilitate only the participation of voters who could reach the voting center and could vote in presence of the electoral commission. Meanwhile, there is a considerable number of voters with disabilities who cannot leave their home because of their disability. These voters, even though indirectly, are denied the right that is the basis of democracy, the right to vote. The implementation of several 1 Annex 1. 7 Survey Report election monitoring processes in I still haven’t touched a ballot all the elections conducted after paper 2000, by groups of observers with disabilities, brought a series As a young person I have my dreams of results. But all of these efforts for my life, to learn, to work, to have reached the conclusion that there fun, but my disability together with the was a significant number of voters barriers raised by the environment and with disabilities who were denied the society, keep me isolated in my home. the right to vote, not because of Through the information that, thanks to the advancement of technology, I can legal constraints, but because a access even in my isolation I know that I part of them were homebound can influence the changes that would help and couldn’t go to vote because of my dreams to come true. And I can do their disability. This number was at this voting for the alternative that I think the range of 11.3% of voters.2 This may be the best for me. rate dropped to 6.66% in 2005,3 But unfortunately, even though I have because of the awareness rising for a great desire, I cannot vote because I am participation had brought out of their not allowed by the stairs in my house, the streets with obstacles, the stairs in the home more voters with disabilities voting centerwhich all hinder meto go and who, with assistance, could access participate in the voting process. the voting centers. Meanwhile first I haven’t even touched a ballot paper. elements of accessibility/ramps had started to appear in the public Why the responsible national and international institutions continue to deny buildings. Nevertheless, there was the right to vote to me and many others a yet significant number, especially like me in Albania? women with disabilities who, even F.A. Quadriplegic, Tirana though they could go to the voting center couldn’t access
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