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Access of Persons with Disabilities in Nepal's Electoral Process

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Access of Persons with Disabilities in Nepal's Electoral Process ACCESS OF PERSONS WITH DISABILITIES IN NEPAL’S ELECTORAL PROCESS An independent assessment from the perspective of access and participation of persons with disabilities conducted during Nepal’s 2017 House of Representatives and Provincial Assembly Elections ACCESS OF PERSONS WITH DISABILITIES IN NEPAL’S ELECTORAL PROCESS An independent assessment from the perspective of access and participation of persons with disabilities conducted during Nepal’s 2017 House of Representatives and Provincial Assembly Elections JUNE 2018 This report is made possible by the support of the American People through the United States Agency for International Development (USAID) and the International Foundation for Electoral Systems (IFES). The contents of this report do not necessarily reflect the views of IFES, USAID or the United States Government. Findings From Election Day Observation 32 32 Voters With Disability CONTENTS 33 Polling Location And Facilities 35 Poll Workers With Disabilities 35 Election Access For Persons With Different Types Of Definitions Disabilities 9 38 Provision Of Assistance For Voting 40 Secrecy Of The Vote Executive Summary 12 Findings From Survey Of Voters With Disability 42 42 Voters’ Perceptions On Access To Voter Registration 43 Availability Of Electoral Information For Persons With Introduction Disabilities 17 44 Voters’ Feedback On Ease Of Understanding And 45 Voters’ Feedback On Ease Of Voting 47 Summary Of Feedback On Making Elections More 20 Statistics of Disability in Nepal Accessible Assessment Methodology Conclusion And Recommendations 49 50 Electoral Legal Reform 21 22 Selection Of Districts And Polling Stations 53 Reforms To Voter Registration System And Process 22 Assessment Tools 54 Improvements To Voter Education 23 Selection And Training Of Observers 55 Accessibility Improvements To The Polling Process 24 Deployment Of Observers 57 Stakeholder Engagement 25 Survey Of Voters With Disabilities 25 Data Entry And Analysis 26 Limitations Annex 1: Constitutional And Legal Provisions 61 On Disability Review Of Legal Framework On Disability 27 27 International Framework 29 Review Of Nepal Constitution And Laws Annex 2: Sample Checklist For Accessible 67 Polling LIST OF TABLES LIST OF FIGURES 33 34 34 FIGURE 1 FIGURE 2 FIGURE 3 Location of polling stations Availability of ramps at Availability of parking at the ground level polling stations area and related facilities 22 23 TABLE 1 TABLE 2 35 36 37 Districts and number of polling Observers’ disaggregation by stations selected for observation district, sex and type of disability FIGURE 4 FIGURE 5 FIGURE 6 Presence of poll Accessibility for Accessibility for workers with disabilities persons with visual persons with physical at polling stations disability disability 24 25 37 39 40 TABLE 3 TABLE 4 Training date, venue and Deployment of observers FIGURE 7 FIGURE 8 FIGURE 9 Accessibility for persons Availability of assistance Freedom to choose a number of participants with auditory disabilities at polling stations voting assistant 32 41 42 43 FIGURE 10 FIGURE 11 FIGURE 12 Secrecy of voting booths Perception on Responses on the TABLE 5 accessibility of the voter availability of Turnout of persons with disability registration process electoral information (by district and gender) 45 46 FIGURE 13 FIGURE 14 Voters’ feedback on ease of Voters’ feedback on understanding and marking ease of voting ballots Access of Persons with Disabilities in Nepal's Electoral Process ACRONYMS NFDN National Federation of the Disabled, Nepal DPO Disabled People’s Organization ECN Election Commission, Nepal 1 DEFINITIONS HoR House of Representatives ICCPR International Covenant on Civil and Political Rights Access ICFDH International Classification of Functioning, Disability and People who experience disability have equal rights to access the Health physical environment, information, communication and services, employment and right to a meaningful and adequate participation as ID Identity Document citizens. IFES International Foundation for Electoral Systems Accessible Accessible refers to the design of products, devices, services, systems PA Provincial Assembly (or Provincial Assemblies) or environments which are usable, user-friendly and accessible for all, including for persons with disabilities. SPSS Statistical Package for the Social Sciences Accessible Format CRPD United Nations Convention on the Rights of Persons Accessible format refers to print, audio or visual information that is with Disabilities accessible to persons with disabilities. For example, print, audio, braille, pictures, easy to read version, video with sign language, information in USAID United States Agency for International Development sign language, information in large font with color contrast etc. WHO World Health Organization Auditory Disability Not being able to distinguish voice, place of rising and following tone, and amount and quality of voice due to structure of hearing organs. It has two sub categories a) Deaf b) Hard of Hearing. An independent assessment of 2017 House of Representatives and Provincial Assembly Elections in Nepal 9 Access of Persons with Disabilities in Nepal's Electoral Process Access of Persons with Disabilities in Nepal's Electoral Process Braille Physical Disability A writing system comprised of raised dots used by people who have Physical disability is the problem that arises in the operation of physical total blindness or low vision. organ, its use and movement in a person due to the results of the problems in nerves, muscles and structure and operation of bones and Disabled Persons’ Organizations joints. Non-government organizations registered according to the Institutional Enrollment Act, 2034 B.S., and run by persons with disabilities. Psychosocial Disability Due to the problems and awareness arising in the mind and mental Election Commission, Nepal parts that result into inability to behave in accordance with age and Election Commission, Nepal is a Constitutional body referred to in situation to perform intellectual functions such as orientation, alertness, Article 245 of the Nepal Constitution which conducts, supervises, memory, language, calculation is regarded as mental or psychosocial directs and controls elections subject to the Nepal Constitution and the disability. federal laws. Visual Disability Inclusion a) Blindness: Cannot distinguish the fingers of hand by both eyes at a Persons with disabilities are involved in all electoral activities on an distance of 10 feet despite treatment inclusive of medication, surgery equal basis with other citizens, including leadership positions, rather and use of spectacle or lens or cannot read the letters contained in the than just having accommodations that might segregate persons with first line of Snellen chart (3/60). disabilities from other citizens. b) Low vision: Cannot distinguish the fingers of hand by both eyes at a distance of 20 feet despite treatment inclusive of medication, surgery Intellectual Disability and use of spectacle or lens or cannot read the letters contained in the A condition where a person is having difficulty in carrying out activities first line of Snellen chart (6/18). relative to his/her age or environment due to the not having intellectual development is regarded as intellectual disability. Ramp An inclined plane or series of planes without obstacles to provide Polling Location access to floor levels of different heights in the external and internal A place (a school, a building or open public space) where one or more parts of a facility. polling stations are located. Reasonable Accommodation Polling Station Necessary and appropriate modification and adjustments not imposing A specific area/room (or part of the room) of the polling location which a disproportionate or undue burden, where needed in a particular case, is used for voting on Election Day. Also referred to as a polling center or to ensure to persons with disabilities the enjoyment or exercise on an a polling booth. equal basis with others of all human rights and fundamental freedoms. Persons with Disabilities Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. 10 An independent assessment of 2017 House of Representatives and Provincial Assembly Elections in Nepal An independent assessment of 2017 House of Representatives and Provincial Assembly Elections in Nepal 11 Access of Persons with Disabilities in Nepal's Electoral Process Access of Persons with Disabilities in Nepal's Electoral Process sampling of districts and polling stations was based on geography, administrative status and number of voters. The observation was carried out using a standard disability access monitoring checklist developed and implemented internationally by IFES. The legal assessment shows that the Constitution intends for the inclusion and participation of persons with disabilities in different state mechanisms, including the Federal Parliament and Provincial Assemblies. Furthermore, the Act Related to the Rights of Persons with EXECUTIVE Disabilities, 2017, protects the political rights of persons with disabilities, specifically, the right to be a candidate in an election and to cast a vote independently in a fear-free environment, with or without taking others’ SUMMARY support. The Act also requires the Government of Nepal to ensure 2 the access of persons with
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