First Level Master in
Electoral Policy and Administration
AcademicYear
2016/17“PARTICIPATION FOR GOOD
GOVERNANCE: INVOLVEMENT OF
MARGINALISED GROUPS IN ELECTIONS
IN ZIMBABWE, A FOCUS ON PEOPLE
LIVING WITH DISABILITIES”
Author : Utloile Silaigwana
Scientific Tutor: Guiomar Levi-Setti
Page 2 of 84 STATEMENT OF AUTHENTICITY
I declare that I understand that the Scuola does not condone plagiarism and that the work submitted must be expressed in my own words and incorporate my own ideas and
judgments. It is also my understanding that plagiarism is a punishable offence. I therefore make the following declaration:
a. I have read and understood the rules and regulations as stated by Scuola as they relate to plagiarism.
b. That I have not committed an offence of plagiarism and my work is original.
c. That I have done this work on my own with only the guidance from module leaders, supervisors and coordinators.
d. That the views stated there-in are those of the author and were not copied from anyone.
Page 3 of 84 ACKNOWLEDGEMENTS
I would like to express my sincere gratitude to MEPA programme coordinators, Enrica Pautasso and Melvis Ndiloseh for the encouragement and all module leaders for the
guidance accorded to me during my studies. I also extend my gratitude to my supervisors for this dissertation, Guiomar Levi Setti and Annette who ably guided me throughout the writing this dissertation. All their inputs were critical in helping me develop this dissertation to its logical conclusion.
I would also like to sincerely thank my workmates Talent, Rejoice, Shamiso and Juliet who encouraged me to soldier-on and complete the programme amid very tight work schedule. Last but not least, I also want to thank my family for mobilising the required financial resources to enable me to undertake this programme. It would be a remiss if I did not extend my thanks to Dr. F Magweva the NASCOH Technical Director for providing valuable 0information on issues of disability.
Page 4 of 84 ABSTRACT
Zimbabwe has a disability population of 1.5 million suffering from a generalised lack of access to fundamental rights and freedoms across the entire social, economic and political spectrum. This population is generally marginalised and disenfranchised.
Participation to election processes is detrimental to democracy and governance. The Convention on the Rights of Persons with Disabilities elaborates on the right of persons with disabilities to participate in political life of their societies. Accessibility to the electoral processes by all eligible citizens enables them to vote in elections on a non-discriminatory basis.
The objective of the research paper was to establish to what extent persons with disabilities participate without hindrance in the electoral processes. The research sought to find the barriers which affect PWDs in freely and fairly access the electoral process so as to have equal participation in all phases of the electoral cycle.
Interviews were conducted and data collected during the research for analysis and interpretation. Views from respondents from organisations that cater for PWDs such as NASCOH and others were solicited and analysed with the view to draw conclusions and make appropriate recommendations.
The research findings were that persons with disabilities do not have access to information on electoral processes. Data analysis also identified the following:
a. Low or lack of self-esteem on the physically challenged b. Lack of access and basic and crucial voter information c. Negative social perceptions and attitude of society d. Non-availability of jobs and education
e. Infrastructural and architectural barriers such as polling stations without ramps The findings reveal that there is more to be done by both the EMB and various
organisations particularly those that deal with PWDs in ensuring that the rights of the marginalised are protected.
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iii
List Of Acronyms And Abbreviations Abbreviation Full Description
BVR Biometric Voter Registration
CRPD Convention on the Rights of Persons with Disabilities
CSOs Civic Society Organisations
DPO Disabled Persons Organisation
EMB Electoral Management Body
ICCPR International Covenant on Civil and Political Rights
ICIDH International Classification and Impairment, Disabilities and Handicaps
IFES International Foundation for Electoral Systems
MDS Model Disability Survey
NASCOH National Association Society of the Care of the Handicapped
NCDPZ National Council of Disabled Persons of Zimbabwe
NDI National Democratic Institute
NGOs Non-Governmental Organisations
PWDs People Living with Disabilities
SADC Southern African Development Community
SLIs Sign Language Interpreters
WHO World Health Organisations
UDHR United Declaration of Human Rights
UNICEF United Nations Children’s Fund
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iv
TABLE OF FIGURES
Table 1 PWDs Populace………..39
Table 2 Research Participants………..…………..41
Table 3 Cumulative percentage of Respondents…..………….48
Table 4 Political Aspirations……….…………51
Table 5 Preferred Political Seats……….………..52
Table 6 Factors Influencing Voting Decision………63
Table 7 Opinions on Enhancing Accessibility of the Electoral Processes..……….73
Figure 1 Work Experience……….………46
Figure 2 Employment and designation………...47
Figure 3 Potential Candidates………..…………...49
Figure 4 PWDs and Political Leadership……….…………..50
Figure 5 PWDs and Political Leadership………..………….51
Figure 6 Importance of Voting……….………….53
Figure 7 Adequacy of PWD Voter Education…………..………….55
Figure 8 Provision of Ramps and Polling Booths…….………….55
Figure 9 Presence of SLIs……….56
Figure 10 Assistance during Elections……….………….57
Figure 11 PWD Level of Involvement………...…………57
Figure 12 ZEC Enhancing Electoral Processes Accessibility…..59
Figure 13 PWDs Interaction with ZEC………..60
Figure 14 ZECs Interaction with PWDs……….60
Figure 15 Society Attitudes……….62
Figure 16 Political Violence……….65
Figure 17 Economic Challenges……….65
Figure 18 Law on PWDs Voting Rights………..66
Figure 19 Door-to-Door Voter Registration……….67
Figure 20 Voters’ Rolls Showing Disability……….68
Figure 21 Media for Visually Impaired………..69
Figure 22 Media for Hearing Impaired………..70
Figure 23 Media for Mobility Challenged………..70
Page 7 of 84 Figure 25 Opinions on Enhancing Accessibility of the Electoral
Process……….73
Figure 26 PWDs Voting in Mobile Polling Stations………..74 Figure 27 Opinions on Different Electoral Issues……….74
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iv
TABLE OF CONTENTS
Chapter 1...10
1.1 Background...10
1.1.1 Defining the Research Population………..12
1.2 Statement of the Problem...12
1.3 The Mandate of ZEC...13
1.4 Purpose of the Study...14
1.5 Objectives of the Study...14
1.6 Significance of the Study...14
1.7 Research Question...15
1.8 Scope and Delimitation of the Study...15
1.9 Assumptions Guiding the Study...15
1.10 Limitations of the Study...16
1.11 The Legal Framework...16
1.12 Definition of Key Terms...20
Chapter 2: Literature Review...22
2.0 Introduction...22
2.1 Conceptual Framework...23
2.1.1 Disability and Eligibility...23
2.1.2 Democracy through Electoral Participation: Integration of Physical Disabilities and Election...24
2.1.3 Perspectives on accessibility of the Electoral Process by PWDs: Practices and Trends from Other Countries...34
CHAPTER 3: METHODOLOGY...38
3.0 Introduction...38
3.1 Research Design...38
3.2 Research Population...38
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3.3 Research Sample...40
3.4 Sampling Technique...40
3.5 Sampling Criteria...41
3.5.1 Research Participants...41
3.6 Data Analysis Techniques...41
3.7 Research Methodology and Instruments used...41
3.7.1 Research Methodology...41
3.7.2 Research Instruments...42
3.8 Reliability and Validity...44
3.9 Data Presentation and Analysis...44
CHAPTER 4: MAIN BODY/DISCUSSION...45
4.0 Introduction...45
4.1 PWDs Interests in Political Issues...49
4.2 Accessibility of Electoral Processes to PWDs...54
4.2.1 Participation in the Electoral Process...54
4.3 Barriers to Electoral Processes...61
4.4 Suggestions and Way Forward...66
4.6 General Opinions and Perceptions...72
CHAPTER 5: FINDINGS/CONCLUSION...76 5.0 Introduction...76 5.1 Findings...76 5.2 Recommendations...77 5.3 Conclusion...80 REFERENCES...82 BIBLIOGRAPHY...84 v
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Chapter 1
1.1 Background information
According to UNICEF (2012)[1]about 10% of the world’s population are persons with
disabilities. The United Nations has facilitated for full participation in political decision including the marginalised groups of society through the universal suffrage by promulgating the conventions on International Covenant on Civil and Political Rights (ICCPR)[2] and United Nations Declaration of Human Rights (UNDHR)[3].
The right to participate in political processes is a well-established principle of human rights law expressed in Article 21 of the UDHR[4]. Furthermore, Article 25 of the
ICCPR[2] provides that: “every citizen shall have the right and opportunity without
reasonable restrictions to vote and to be elected at genuine periodic elections which shall be universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors”. Political process should create
enabling environment to enfranchise and offer opportunities for the marginalised in order to achieve equality.
An inclusive system should/must empower vulnerable groups. This research seeks to critically analyse the dynamics leading to exclusion and non-participation of the marginalised focusing on People Living with Disabilities (PWDs) [5] in Zimbabwe.
Nine national general elections since independence in 1980 Zimbabwe’s voter turnout of the marginalised groups in the national elections has remained disturbingly low, at less than 5% of the PWD potential voters. This may be attributed to different factors such as accessibility of voter registration and communication especially with this category of electoratesthat may be attached to low voter turnout of the marginalised groups.
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According to the National Association of Societies for the Care of the Handicapped (NASCOH)[6], 800,000 potential marginalised voters who are also PWDs are present in Zimbabwe.
Article 29 of the Convention on the Rights of Persons with Disabilities, (CRPD)[7],
states that “parties shall undertake to Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their
request, allowing assistance in voting by a person of their choice.”This expression of will is thus, possible where there is a credible voter register that is inclusive of all eligible citizens including PDWs.
In the Zimbabwean context, the voter register had been a source of election contestation and conflict due to its being not credible and inclusive. PWDs in Zimbabwe have too often been excluded from participating in the decisions that affect their lives, including voting or being voted into office. This is despite the fact that the right to participate in political processes is a well-established principle of human rights law and as expressed in Article 21 of the UDHR [4].
PWDs in Zimbabwe should be afforded opportunity and a chance to exercise their democratic and constitutional rights by electing or being elected as political leaders with a view to achieve free, fair, and inclusive elections.
The research willfocus on Harare Municipality in Zimbabwe taking into cognizance the challenges faced by PWDs in registering to vote and be in the voter register or list. This research underscores the achievement of free and fair elections through high participation in elections by all citizens on an equal basis, starting with accessibility to the voter registration process. The context of free and fair elections results from the ease by which players in the elections are able to be on the voter list and participate in the electoral process.
In Zimbabwe the issue of the inclusion of all eligible citizens in the voter list has been a source of concern. ACE Project (2010) [8] asserts that for an election to be free and fair the voting process must follow democratic principles and these call for procedures and measures to guarantee the right to register as voters.
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PWDsrepresent a growing social group in Zimbabwe as well as in other countries and their participation can enhance democracy. This right should be extended to PWDs as it is to any other eligible citizen. For this right to be extended, it is important to examine and understand the barriers that PWDs face with the view to assess the methods that may best assist this group of persons.
1.1.1 Defining/Profiling the Research Population
People are identified in censuses, surveys, and registration systems as “disabled”. Quoting the definition of PWDs from ICDH terminology issued by the World Health Organisation;
a) Impairment: “any loss of abnormality of psychological, physiological, or anatomical structure or function”. Examples; blindness, deafness, loss of sight in an eye, paralysis of limb, amputation of limb, mental retardation, partial sight, loss of speech, mutism.
b) Disability; a “restriction or lack (resulting from impairment) of ability to perform an activity in the manner or within the range considered normal for a human being”. Examples; difficulty seeing, speaking, hearing, moving, climbing stairs, grasping, reaching, bathing, eating, toileting.
c) Handicap; a “disadvantage for a given individual, resulting from an impairment or disability that limits or prevents the fulfilment of a role that is normal (depending on age, sex and social and cultural factors) for that individual”. Examples; bedridden, confined to home, unable to use public transport, not work, underemployed, socially isolated.
1.2 Statement of the Problem
The World Report on Disability (2011) [9] notes that among the global population
people with disabilities (15%) are over one billion people. They have also poorer health outcomes, lower education achievements, less economic participation and higher rates of poverty than people without disabilities.
The Report attributes this to social exclusion and including registering to vote to PWDs. They experience barriers in accessing services that the rest of society takes
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for granted including employment, education, information and participation in public life. These barriers are increased in countries of the Global South, such as Zimbabwe.
Zimbabwe has a population of slightly above 13.2 million and a disability population of 1.5 million suffering from a generalised lack of access to fundamental rights and freedoms across the entire social, economic and political spectrum.
The Constitution of Zimbabwe Amendment No. 20 [Chapter2:13] Section 22(3) (b)
[10]notes that, “the State must consider the specific requirements of persons with all
forms of disability as one of the priorities in development plans.” In addition, Article
29 of CRPD guarantees full participation in political and public life. The last general elections in Zimbabwe were held in 2013 and two Senatorial seats were allocated to people with disabilities; however, taking into account the percentage of PWDs, the two seats are inconsequential to make meaningful impact.
Further, in 2009 the National Association of the Care of the Handicapped (NASCOH)
[6]survey revealed that most community leaders and families of persons with
disabilities do not believe that people with disabilities need to register and vote. This could be attributed to the negative aspect of the Zimbabwean cultural beliefs in some communities. The survey also found that 25% of adults with disabilities do not have relevant documents such as national Identity Cards which enable them to register and, thus, vote.
For this reason, this research was undertaken in an effort to evaluate the accessibility of the electoral process by PWDs in Zimbabwe. The research is envisaged to articulate challenges faced by PWDs in accessing the electoral process, providing possible different methods of facilitating accessibility of the same.
1.3 The mandate of the Zimbabwe Electoral Commission
The Zimbabwe Electoral Commission is an independent body that was established by Section 238 of the Constitution of Zimbabwe[10]. Its mandate includes among other duties to prepare for, to conduct and supervise all elections to the office of the president, members of parliament and local authorities, and also the referendums.
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The Constitution of 2013, has transferred the mandate of registering voters to the Zimbabwe Electoral Commission.
The mandate also extends to conducting or carrying out voter education by dissemination of necessary information to the electorate. It is also its mandate to ensure that all citizens fairly participate in the electoral process by ensuring that the systems and resources used afford equitable access to all citizens alike.
The mandate of conducting elections is expected to be seen as a catalyst to maximise enfranchisement for all human beings including PWDs. Zimbabwe Electoral Commission has a fundamental obligation to maximise enfranchisement opportunities for all eligible voters and especially the marginalised groups.
1.4 Purpose of the study
This study seeks to incorporate disability democratic rights perspective into research to address issues of accessibility of the electoral process by PWDs. It is therefore going to explore the accessibility of the electoral process by PWDs as a way of facilitating the observation of citizens’ democratic rights.
1.5 Objectives of the research
Establish to what extent do PWDs participate freely, fairly and successfully in the electoral process;
Outline the major challenges faced by PWDs for effective participation during elections;
Analyse ways of enhancing full accessibility to the electoral process by PWDs and;
To identify social, political, economic and religious reasons as to why PWDs in Harare Municipality do not participate fully in electoral processes.
1.6 Significance of the study
The motivation to carry out the research was largely influenced by the researcher’s professional background. The researcher is an employee of the Election Management
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Coordinator, Director for Voter Education and Public Relations and now a Deputy Chief Electoral Officer (Operations).
The researcher is also an Accrediting BRIDGE Facilitator with vast experience in electoral training in the SADC Region and beyond. In addition, the researcher is also a member of the African Union Observer Group and is periodically engaged by the African Union to observe elections around the continent.
Therefore, the researcher would draw from personal insights, experience from the region and the continent and a closer affinity to the operations of an EMB.It was the researcher’s convictions that the research would assist the EMB introspect, and uphold the universal position as outlined in the CRPD.
1.7 Research questions
This research sought to address the following questions:
1. What is the level of PWDs’ interest in political and governance issues? 2. To what extent is the electoral process accessible to PWDs?
3. What are the major obstaclesencountered by PWDs in their endeavour to participate in elections?
4. What strategies can be employed or adopted to maximise enfranchisement for all eligible voters and especially PWDs?
5. Which new systems, electoral reforms and policies can be enacted to enhance electoral participation by all eligible Zimbabwean citizens?
1.8 Scope and delimitation of the study
The study was conducted on the voting population in Harare Municipality in the capital city of the country. The study focused on a sample of PWDs voters encompassing both males and females.
The study targeted registered and unregistered voters across the political divide in Zimbabwe. Registered voters are adult citizens aged 18 years and above who are eligible to register and vote. The research subjects used in this research are main players in the field of study who in this case are the EMB staff (ZEC) and the stakeholders (PWDs and their organisations).
Page 16 of 84 1.9 Assumptions guiding the study
The research assumed that PWDs would give maximum cooperation and willing to volunteer information. This assumption was based on the fact that the contemporary political atmosphere was relatively peaceful and calm as compared to the period immediately leading to an election.
There appeared to be no visible threatening environment in the country in general especially following the change of government for the first time in 37 years. The other assumption was that voter apathy could be attributed to lack of civic and voter education among PWDs, especially on their constitutional rights and issues of governance hence low participation in polls.
The research also assumes that marginalised voters do not participate in the franchise because of factors that prohibit them from full participation. It was also assumed that if adequate information was given, the electorate would turnout at the polls in large numbers.
1.10Limitations of the study
This study could have limitations due to the fact that the writer had to travel around the Municipality. Other areas were not considered during this research project given time constraints and logistical challenges since the researcher is self-sponsored. Therefore, not as many visits as was necessary for the purpose of interviewing the voting population were made because of limited funds.
The researcher also chose a single municipality as an area of study because of resource limitations to cover a wider area. There were municipalities and local authorities covered by 1958 wards across the country and it would have been practically impossible to travel to all areas to cover all the wards.
1.11 The legal Framework
In terms of the Constitution of Zimbabwe Section 67on political rights[10], PWDs have the same rights as the rest of society, in their capacity as Zimbabwean citizens. The Constitution of Zimbabwe and the subsidiary legislation such as the
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Electoral Act [Chapter 2:13],as amended in 2016[11], provided the legal framework which the researcher used as an analytical tool.
The Constitution Section 3(i)(ii)[10]spells out aspects of recognition of the rights of
persons with disabilities.
Section 7(b) [10]requiring the Constitution to be taught in schools and part of the curricula for the training of members of the security services, the civil service and members and employees of public institutions.
Section7(c)[10],encouraging all persons and organisations, including civic
organisations, to disseminate awareness and knowledge of the Constitution throughout society.
Section 22(1)[10], The State and all institutions and agencies of government at every level must recognise the rights of PWDs or mental disabilities, in particular their right to be treated with respect and dignity.
Section 233(a)[10], on objectives of the Independent Commissions, to support and
entrench Human Rights and Democracy. An eligible citizen of Zimbabwe has a legal right to vote and to be voted in any election despite his/her physical condition.
Vulnerable populations require unique processes and procedures in order to guarantee their right to political participation. These populations include those with various types of physical, sensory, developmental, intellectual or mental disabilities that make it difficult to participate in normal processes.
In order to maximise enfranchisement opportunities for all eligible voters, the electoral framework should be designed to accommodate vulnerable groups such as the marginalised. Well-crafted legal framework can ensure that all populations participate on equal terms in electoral processes and in accordance with their fundamental human rights as citizens.
The CRPD [7] is an International Human Rights Instrument of the United Nations
intended to protect the rights and dignity of persons with disabilities. Parties to the Convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality under the law.
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Article 29 of the CRPD [7] on participation in political and public life states that;
“Parties shall guarantee to persons with disabilities political rights and the
opportunity to enjoy them on an equal basis with others, and shall undertake to: (a) Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:
(i) Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
(ii) Protecting the right of persons with disabilities to vote by secret ballot in
elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;
(iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;
(b) Promote actively an environment in which persons with disabilities can
effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
(i) Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;
(ii) Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels”.
Further, Article 29 of the CRPD [7] addresses the design and implementation of the
electoral process that is non-discriminatory while also requiring States to provide voters with disability-related accommodations and other facilitative measures to enable their equal right to vote.
Through the Constitution of Zimbabwe (2013)[10], Zimbabwe has domesticated this
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guaranteed. This right is constitutionally guaranteed in terms of Section 22 (1) [10] of the Constitution. It states; “The State and all institutions and agents of
government at every level must recognise the rights of persons with physical or mental disabilities, in particular their right to be treated with respect and dignity”.
However, participation of PWDs in political and public life in Zimbabwe has remained one of the most frequently denied rights.
BRIDGE project (2006) [12], indicates that the challenges faced by the PWDs to fairly access the electoral process are extensive and common in developing countries that includes Zimbabwe.
The UDHR,(1948)[4], of which Zimbabwe is a signatory, outlines the right to vote and
how pertinent it is for citizens to participate without discrimination in the governance of their country. The African Charter on Democracy Elections and Governance (2007) [13]provides perspective on the issues of democracy and how Member States
should commit to accepted values and pillars of democracy. In the same vein, the Southern African Development Community (SADC) Guidelines Governing Democratic Elections (2004) [14] also provide for participations in elections and democracy.
In this context, if all eligible citizens are given an opportunity to access the electoral process, voter apathy would be addressed, electoral participation improved and citizens’ democratic rights would be enhanced. This is envisaged to reduce the participation gap and empower citizens to freely participate in democratic elections. Thus, citizens with disabilities have an equal right to participate in governance and in the electoral process.
The research also aims to enrich the body of knowledge on issues regarding the achievement of democracy through electoral participation by PWDs. It is also an eye-opener to stakeholders who are not conscious of their mandate regarding the electoral processes [7] and policy makers in government, with regards to PWDs.
Article 29 of the CRPD [7], stresses that persons with disabilities should be able to
live independently, and participate fully in all aspects of life. Because of these provisions, all signatory countries should take appropriate measures to ensure that
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persons with disabilities are accorded access accordingly. Specific considerations such as electoral laws that facilitate participation of the marginalised may be required for protecting the security of this category of voters. ICCPR [2], which
Zimbabwe is signatory, declares that all citizens have a right to participate in the politics of that country.
By ratifying this instrument, Zimbabwe has made an undertaking to respect the civil and political rights of all individuals. The Zimbabwean Disabled Persons Act which was passed in 1994 [15]deliberated on the issues of the rights of physically challenged to education information and health issues. It basically refers to the provision for the welfare and rehabilitation of persons with disabilities. This statute however, is silent on PWDs voting rights.
1.12 Definition of key terms
Accessible: a site or programme that is easy to participate in independently and by
PWDs.
It also means information that people can understand.
Inclusion: involvement by PWDs in all electoral activities on an equal basis with
other citizens including in leadership and decision –making positions.
Electoral process: the stages observed that lead to election of political leadership
which in this research are Voter Registration and Inspection, Voter Education, Nomination of candidates and Polling.
First-Past-The-Post: an electoral system, i.e. a method of translating votes into
seatsthat requires one to win by getting majority votes.
Ward: a geopolitical subdivision of a metropolitan or local authority that is used for
election purposes in Zimbabwe. It usually contains between 700 and 1 500 voters.
Physical Disability: one or more physical impairments that substantially limit one
or more major life activities (e.g. seeing, hearing, speaking, walking, performing manual tasks, learning, or caring for oneself).
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Persons with a physical disability: are people with hearing impairments, the
visually impaired and individuals who are mobility challenged.
Disability: a person with long term physical, mental, intellectual or sensory
impairments which in interaction with varies barriers may hinder their full and effective participation in society on an equal basis with others.
Voter apathy: voter apathy is an attitude held by some voters that is characterized
by a lack of interest in the democratic process. It typically translates into non-participatory behaviour.
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LITERATURE REVIEW 2.0 Introduction
The purpose of this study is to explore the level of participation in governance and elections by the marginalised groups with the view to address issues of accessibility to the voter list in Zimbabwe and the electoral process by PWDs.
Reviewing literature by the researcher will enhance an understanding of the problem at hand by identifying other researchers’ work in the same and related fields.
Literature review provides the researcher with a handy guide to the study topic. A review of related literature will enable the researcher to learn from past works and take it from where it was left or take the issue from a different perspective.
This literature review generates comprehensive knowledge for researcher to proceed with confidence. It stimulates and aids in generating new ideas based on other
researcher experiences.
In this chapter, the researcher reviews some of recent researches that have begun to shape the society’s understanding of the role of people with disabilities in political systems. These include empirical tests of the conventional wisdom regarding factors that influence electoral participation as well as discussions that are reflected in recent theoretical developments in disability studies in terms of the assertions of Shields, Schriner, Ochs (2000)[16].
Studies carried out by ProfPaul Carter Chief Investigator of Australian Research Council (2007)[17], indicate that it is still difficult for the PWDs to fully participate in
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the electoral process and achieve democracy as he quotes one of the interviewed PWD lamenting that “people have fought and died for it. Governments constantly tell
us it’s a right we should exercise. So why is voting so difficult for so many disabled people.”
Bratton and Logan (2006) [18]submit that active and informed citizen participation in
the political and electoral process is essential to the proper functioning of government. In various places around the world, both international and domestic organisations have undertaken innovative work in the field of disability, governance and elections. This is an attempt to capacitate the full participation of physically challenged voters in the electoral processes and governance.
IFES (2005) [19] contends that some of the countries have even initiated the
development of innovative media in an effort to attract citizens with disabilities to the polls, as well as devices aimed at making the voting process more accessible to citizens with special needs.
2.1 Conceptual framework
For this study literature review focuses on the following major areas: 2.1.1 Disability and Eligibility: How disability and elections are integrated. 2.1.2 Democracy and governance through electoral participation
2.1.3 Perspectives on accessibility of the electoral process by PWD: Practices and trends from other countries.
2.1.1 Disability and Eligibility
In Zimbabwe the former Mayor of Bulawayo, Mr Joshua Malinga lives with a disability, the current Chairperson of Zimbabwe Media Commission and NASCOH, is Mr Godfrey Majonga who is also a person living with a disability. These are good examples of PWD participation in elections.Participation in elections is seen by IFES
[19]as an integral part of human rights and democracy.
IFES [19]states that it works toward fostering partnerships among disabled person’s organisations (DPOs), civil society and governments to remove barriers which prohibit full participation of persons with disabilities as voters and candidates.
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Essentially, when barriers are removed, voters with disabilities are afforded their full rights as citizens.
NASCOH, a national organisation representing the PWDs is at the apex of lobbying and advocating for disability voting rights to be accorded to the physically disabled. NASCOH’s terms of reference borders on improving the lives and wellbeing of people with disabilities in Zimbabwe, (NASCOH pamphlet No W.O 4/80: 2010) [20].
The CRPD [7] provides that persons with disabilities have the right to vote, which
means that they have the right to register to vote, to receive accurate information and to cast their ballot in elections. States are required to facilitate the voter registration and polling to be accessible by persons with disabilities.
Consequently, it also takes effective collaboration between the EMBs and Governments to ensure effective participation of PWDs notwithstanding the fact that states have the primary responsibility as they are signatories to International Conventions protecting PWDs.
2.1.2 Democracy through electoral participation
Voting procedures and facilities must be accessible to persons with disabilities and polling stations must be free from barriers for persons who use wheelchairs and crutches and those who have impairments. Any obstacle which can endanger the safety of a voter must be removed.
Equally, communication barriers can prevent voters with impairments from exercising their right to register and vote. In Zimbabwe and some SADC countries, registration procedures and voting are not made easily accessible by persons with disabilities to allow their secrete voting. It has been observed that most polling stations for example, have no provision for rumps, tactile ballot guide, or voting machines with audible instructions.
The Zimbabwean Electoral Act Chapter [2:13] [11], Section 59 provides for the voting by illiterate or physically handicapped voters. These are expected to vote through
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be a robust voter registration system which is credible and transparent in the eyes of the entire public. This calls for the ZEC to break-off from the old discredited voter list compiled by the former Registrar of Voters. Consequently, the new Constitution of 2013[10] placed the mandate to register voters with ZEC.
ZEC must ensure that the new voter list adheres to the basic principles of registration such as inclusivity and transparency to accommodate PWDs without any discrimination. The civic organisations and the institutions for the persons with disabilities have embraced this transfer of responsibility to ZEC but expect the EMB to take cognisance of the needs of the marginalised.
PWDs have an equal right to participate in governance and the electoral processes.Restriction on the right to suffrage and the right to stand as candidates on the grounds of physical disability are discriminatory. PWDs should not face obstacles in enjoying their political and voting rights. Barriers to participate in the electoral processes must be minimised or eliminated in order to promote and enable participation.
The National Democratic Institute (NDI)[21], International Foundation for Electoral Systems (IFES) “Equal Access: How to include PWDs in Elections and Political Processes (2014)[19], states that one of the ways that people with disabilities take
part in politics is when they vote in elections. Thus, voting gives PWDs the voice to prove to the public that they are equal citizens.
In essence, for PWDs to participate it is important that information about elections is readily accessible.Strategies and tools for strengthening the participation of persons with disabilitiesin elections and political processes need to be crafted with the interests of the affected.In the Zimbabwean context, challenges affecting the PWDs are related to non-availability of adequate and accurate information on elections.
The Zimbabwean electoral field is highly polarised to the extent that civil society organisation have aligned themselves with certain political parties. Some are clearly aligned to the ruling party while others are equally aligned to parties in the opposition. Consequently, the electorate suffers from disinformation peddled by
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these antagonistic organisations and as a result, the electorate, including the PWDs are disenfranchised.
Effective democracy involves making sure that the information given to the electorate is accurate, unbiased and relevant as well as accessible to the poorest and most marginalised. In this manner they too can have a voice and make informed decisionsabout their welfare.
Against this tenant of democracy, in Zimbabwe persons with disability are often the poorest of the poor, are frequently overlooked and struggle to achieve a better quality life. The principle “nothing about us without us”, should be the cornerstone of disability inclusion. By participating in political life and elections, PWDs have the opportunity to effect wide ranging policies. For example, electoral processes often include electoral legal frame work review.
This provides an opportunity to get progressive legal concepts about disability into high-profile national legislation. Inclusive election programmes can also open the process not only to PWDs but other citizens, for instance, simplifying the voter registration process is beneficial to persons with intellectual disabilities as well as for those people with low literacy skills.
Persons with disabilities have the desire and capacity to participate in decision – making that affects their lives. Despite this capacity, they often face barriers which are either culturally related or religious in nature. In the Zimbabwean context, in some communities people living with disabilities are seen as a curse due to indiscretion in a past life.In some cases PWDs are locked away from the society and have no room to interact with other people and socialise.
Page 27 of 84 Barriers Encountered by Persons with Disabilities (Common barriers)
Societal stigma Discriminatory
Legal Framework and Infrastructure BARRIERS TO ACCESS
Tokenism /Patronising Approaches
Hrair B et al., (2003)[22] assert that voting is the basic element of a democratic
election system. Democracy as a form of governance can function only if the voters are informed about their political life. The democratic system includes participatory citizenry. Governance is understood to include a wide range of ways in which the political, social and administrative structure of a society affects the access of its members to basic opportunities, along with a legal framework, accountability and information.
BRIDGE project (2001)[12] quotes Abraham Lincoln as he views democracy as a
government of the people, by the people, for the people. This assertion portrays a full participation and involvement of “the people” in order to achieve democracy.
Lack of empowerment Perceived lack of capacity
Religious Cultural Stigma Familial shame Home imprisonment
Guardianship laws Public education Lack of accessibility in
political places and government offices Positive rhetorical unmatched
by improved access to political process
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Putnam (2010) [23]demonstrates his view on democracy as he contends that even if one does not officially cast their ballot they are still sending a message or a vote to their country. He states that when a person does not vote that one individual citizen does not participate in the electoral process. If no one voted democracy would end. Democracy by its very nature needs the participation of the people. When one does not cast a vote it does not mean that that voter still does not influence the election as much as any other voter. It still counts, as a vote against democracy.
Seymour (2006)[24] associates democracy with high level of participation as he argues that “any situation which results in high participation by members of a group normally has high potential for democracy”.
Hrair et al., (2003) [22] also views the principle of democracy as “should be
universally recognized”. These authorities also allege that there is however a challenge in humankind of making democracy equally universal, meaning achieving democracy is still a challenge among nations.
In terms of the assertions of Ginwala (2005) [25] the seed of democracy lies in the
principle that the legitimacy of the power to make decisions about people’s lives, their society and their country should derive from a choice by those who will be affected by it. This means that people should have a say in issues that pertain to them. The question now remains as to what then should the EMBs do to ensure democracy through electoral participation.
Putnam (2010) [23] alleges that generally there is a tendency by the society to look
at the after math of an election rather than equal voting, participation in leadership, democracy and governance of a nation. There is a need therefore, for national institutions to be democratic and be representative of all groups in a given society. Electoral democracy ensures participation of every citizen in the electoral process.
EISA in their submission by Kadima and Booysen (2009)[26] purport that a
government owes its legitimacy to the role that its citizens can play in its election as well as the carrying out of its duties. When a nation is able to do this they are declaring democracy through citizen participation in the electoral process.
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The issue of achieving democracy through electoral participation can be achieved through doing the following as outlined by Michael Yard (2010)[27]
a. Creating self confidence and self consciousness among the voters for electing their representatives in the elective offices.
b. Instilling national governance responsibility among citizens.
c. Empowering voters that they may become citizens and opinion makers and create political representatives who will be accountable to them.
By so doing EMBs become duty bound to ensure that democratic rights are exercised and special needs voters are equally involved in the entire electoral process.
Mainstreaming disability in the electoral process
Mainstreaming is defined by Voluntary Service Overseas (VSO) U.K (2006)[28] as the
process of engaging in a structured way with an issue as an organisation, workplace, program and policy levels so as to address and avoid increasing the negative effects of a particular issue.
WHO (2004) [29] states that there is roughly 10 per cent of the world’s population
living with some form of disability components and that this calls for disability mainstreaming in every sector in communities and into development projects. Michael Yard (2010:21c)[27]also submits that the issue of the disabled is not being mainstreamed as much. Focus is on gender, in this case women and this is why the disabled people are in a quandary.
Many submissions on issues of gender mainstreaming have been submitted on pretext that women have been side-lined for too long in areas of political leadership. The disability issues were almost forgotten of. Most organisations’ gender policy framework advocates for prioritising gender mainstreaming placing an emphasis on women.
Dr Morris (2001) [30] asserts that issues ofPWDs are far more sharply cast and
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Karlawish & Bonnie (2008) [31]are of the opinion that there is no fairness and justice as research has indicated that the disabled persons are isolated, individualised and the definitions which society places on the disabled centres on judgements of individual capacities and personalities. The general feeling is that it is the non-disabled world which disables and oppresses PWDs and this thwarts efforts of mainstreaming disability.
Zeitzer (2000) [32]contends thatin mainstreaming disability in elections, EMBs and
CSOs should help PWDs reject the oppressive ideologies and stigmas applied to them by other people and put disability democratic rights into perspective.
Wall et al., (2006) [33]asserts that EMBs can promote equitable access by insisting on it in their own staffing.
The electoral process
The electoral process in this research entails the following stages where PWD should be included and involved for them to achieve their political ambitions:
Page 31 of 84 International IDEA FIGURE 2.4 - THE ELECTORAL CYCLE
Voter registration and inspection:
Section 21 of the Electoral Act[11] provides that voters’ rolls are public documents
therefore they are open to inspection by the public free of charge during normal working hours.
BRIDGE (2007) [12] states that EMBs need to ensure that there are as many
registration and polling sites as possible and are accessible to disabled persons
Nomination
IFES (2007) [19] module stipulates that the requirements of the law should not be
discriminatory to the citizens on the basis of their disability.
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EISA (2005) [19]contends that electoral education makes an essential foundation and contributes meaningfully to the exercise of political rights.
UNDP, Essentials (2003b) [35] also states that for an election to be successful and democratic, voters must understand their rights and responsibilities, and must be sufficiently knowledgeable and well informed to cast ballots and to participate meaningfully in the voting process.
International IDEA (2000) [36] postulates that voter education can serve as an
antidote for political apathy.
Universal suffrage is one of the ingredients that constitute a free and fair election, so is universal and equal access to voter information and education.
The EMB should initiate a strong voter education and public outreach program to government agencies, NGOs, groups, churches, mosques, international organizations and others involved with disabled persons to disseminate information regarding the registration period, the registration sites, polling place sites and other election-related information aimed at the general public.
Polling:
Citizens ought to cast their ballot in secrecy without fear of interrogation and intimidation by political party activists. As such PWDs ought to be secured and be able to feel safe for them to be able to cast their ballot in confidence and secrecy. (UNDP, Essentials: 2003)[34]
BRIDGE project researcher Rowland (2008:17a) [37] concurs with the UNDP
submission as he states that EMBs should consider the following to make polling possible for voters with physical disabilities:
i. The geographical distance of the polling centres from the electorate ii. The usability of the polling materials
iii. The measures put in place to assist those that require assistance
iv. Well trained election officers that would respect and treat voters with dignity
(respect of human rights)
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Rowland (2008:18-20b)[37]The methods identified and their pitfalls are:
i. Voting in front of party representatives - unacceptable because it violates privacy; ii. Voting in front of an electoral official - unacceptable because it violates privacy; iii. Voting in front of independent observers - unacceptable because it violates privacy; iv. Braille ballot - advocated by some, but open to abuse, as only a few blind people
may vote at any one polling station, enabling electoral officials to determine the voter's choice;
v. Template/tactile ballot - increasingly advocated, but questions of alignment and the
matching of slots with choices arise;
vi. Template with Braille markings - would enable some blind people to vote completely
independently, but inaccessible to many;
vii. Use of a person of one's own choice/ proxy- widely used, but deprives blind people
of their independence and mistrusted by electoral authorities;
viii. Postal ballot - popular with blind people in jurisdictions where the postal system is
regarded as reliable and secure;
ix. Computerized voting - this method has been tested recently in Australia. The voter
is issued with a bar code instead of a paper ballot. Via earphones in the voting booth, the purpose of the keys on the keypad is explained. The voter swipes the bar code and a ballot paper appears on the screen. The vote is then cast using marked keys with speech feedback;
x. Voting by direct recording electronic devices (DREs) - these are computerized
machines that use touch-sensitive screens. Although DRE touch-sensitive screens are of little use by themselves to the visually impaired.
xi. Internet voting - this method has been considered, for example in Alaska, but
rejected for security reasons.
He concludes by advising that the organisations of and for the visually impaired people need information to be able to advocate for appropriate voting methods and voter education.
Some of the provisions as outlined by the UK legislation the Disability Discrimination
Act (1995)[38], include, physical access.
Different voting methods to assist persons with physical disabilities
These methods are as submitted by BRIDGE (2005:44-48)[12]
The visually impaired
Proxy Voting Postal voting Mobile voting
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Tactile voting Early voting
Assistance by poll officers
Assistance by persons of their choice
The mobility challenged
Provision of transport to polling place
Provision of wheel chair friendly polling booths Proxy voting
Postal voting Early voting
The hearing challenged
Provision of sign language interpreters Proxy voting
Postal voting
Provision of necessary instructions on posters/pamphlets
Possible barriers to accessing the electoral process
BRIDGE (2001)[12] noted that voters with all types of disabilities cited examples of discriminatory attitudes by poll workers and voters alike.
In Zimbabwe the Electoral Act [Chapter 2:13] S (59) [11]on voting by the physically incapacitated provides for their assistance by persons of their choice.
2.1.3 Country perspectives on accessibility of the electoral process by PWDs
A desk research was conducted to seek experiences from other countries in the region on how the physically incapacitated are accorded a fair access to the electoral process. Practices of other countries werecompared with the Zimbabwean experiences.
EMBs are however expected to have common ground where the system demonstrates their responsibility to be a good practice model of the values that it represents. Such values include democratic decision making processes, rule of law, non-intimidating practices, honesty and incorruptibility, transparency, accessibility for all societal groups including those marginalised through physical disabilities. The following countries have been identified as their experiences would be used as a point of reference in doing a comparative analysis:
Page 35 of 84 The Zimbabwe scenario
The Electoral Act [11] provides that persons with visual impairments can be assisted by persons of their choice.
The legislation is silent on other electoral processes which include voter registration and inspection, voter education and nomination courts accessibility. Also there are no legal provisions for other forms of physical disabilities. Mobility challenged voters are expected to travel to registration and voting centres and to do so in person. Voter education is done mainly through the television, radio, newspapers, dramas, pamphlets, posters, and mobile voter education officers.
South Africa
Electoral Act S(33)[39] provides for special votes for persons who cannot get to the
voting stations on voting day as a result of physical infirmity, disability and pregnancy. Independent Electoral Commission of South Africa (IEC) provides for mobile voting stations were election officers move from one household to another to administer a vote for those who applied for the special vote.
The 2009 South African General Elections report asserts that the visually impaired South Africans had an opportunity to cast their votes secretly for the first time on a Braille ballot sheet. The IEC had developed the Braille template to ensure that visually impaired South Africans enjoyed similar rights as others at polling stations countrywide.
The report also stipulates that previously visually impaired people were able to cast their votes with the assistance of a person of their own choice over the age of 18. However, this method was still used during the 2009 General elections to complement the Braille method as the vast majority of the visually impaired people could not read or use Braille.
Voter inspection can be done through sending a message on a mobile phone. The Electoral Commission also ensured that one in every four booths was broader with a lower voting table to accommodate those with mobility challenges. (2009 IEC Election Report)[40].
Page 36 of 84 Botswana
Keoreng (2009)[41] affirms that the Independent Electoral Commission (IEC) Botswana like any other electoral commission recognises the fact that every eligible citizens, including the people with physical disabilities, has a right to vote in Botswana. Keoreng also asserts that the IEC-Botswana before the 2009 elections announced a series of measures aimed at empowering persons with disabilities to exercise their voting rights in better conditions and without any undue hindrance or unnecessary obstacles.
The commission acknowledged that its strategies, civic and voter education initiatives had for a long time not been catering for the disabled.
The recent submissions by EISA (2009) unearthed that IEC-Botswana established collaborative initiatives with the Botswana Council For The Disabled (BCD) and its affiliates aimed at empowering people with disabilities in the electoral processes. These efforts led to the development of a voter education manual into Braille. The Braille material covers key electoral processes, like registration, nomination and voting. The Botswana 2009 election report asserts that the Braille was launched on February 16, 2007.
It was then distributed to all associations of the visually impaired and all national libraries countrywide where it could be easily accessible. This was the Commission’s quest to enhance the secrecy of the vote for the visually impaired people.
An educational civic and voter education video for the hearing impaired was also developed and played for the benefit of the targeted audience.
The commission also worked with council secretaries across the country to provide ramps at polling stations to address other types of disabilities such as the mobility challenged voters, who were either provided with ramps at polling stations or provided with any other form of assistance to access polling stations in a case where ramps might have not been availed.
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Ghana Society for the physically disabled report (2006) [42] states that there are currently about 450 registered members of the Central Regional branch of the Ghana Society for the Physically Disabled. These organisations represent the interests of the PWDs in Ghana.
The findings of the IFES (2007) [19] team indicate that people with disabilities in
Ghana strongly believe that they are treated as second-class citizens. It was reported that disabled citizens spoke repeatedly of being turned away from registration sites and polling places and were regarded as not being capable of voting.
The study conducted by IFES in 2005 [19]unearthed that the visually impaired voters who voted in 2004 elections used the tactile ballot which was piloted and introduced by IFES. Ghana Elections report (2005) [43] reported that in the 2004 elections a
number of disabled persons were employed as election monitors.
IFES report (2005) [19] also stipulates that voter education offered was not
addressing the needs of different forms of disability. The same media used for the physically able was the same used for the physically challenged. Polling booths were not disability friendly.
A study carried by IFES in 2007[19], just before 2008 elections indicates that there
no temporary ramps provided in most polling stations. The hearing impaired however benefited from sign language interpretation used during voter education through the television.
Discussion
Literature review indicates that PWDs are eligible to engage into politics and become political leaders. They can be elected as Presidents, MPs or even councilors and they can also choose candidates of their choice. Society stigmatizes PWDs thereby depriving them of their political freedoms and enfranchisement.
National censuses, surveys, and registration or administrative record systems should as a mandatory requirement, identify and report on these PWDs as a special group
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focusing on assessing democratic characteristics, social or economic status, patterns of education and employment, migration patterns or current residences. This information will assist the EMB, the state and other interested parties in assessing how best can serve these special group’s interests.
Of particular interest for this research, is involvement in all electoral processes. However, ZEC cannot do this in isolation, it has to engage its funding partners, the State, NGOs, business community and general communities, after well researched, feasible and relevant project plan. The plan would need to highlight the interaction between characteristics of disabled persons and characteristics of their environment that needs to be provided by ZEC and the political arena.
PWDs should not remain a statistical representation but a recognised group in society. The walk and talk of PWDs is not an overnight turnaround issue, but is a political, social and economic issue, a community, CSO, state and EMB, and also everyone’s responsibility.
Chapter 3
Methodology 3.0 Introduction:
In this chapter the researcher outlined the research design for this study. It covers the research sample, methodology, instruments, and data analysis techniques.
Also the instruments used to collect data including the methods implemented to maintain validity and reliability of the instrument are briefly described. Data obtained was analyzed in the next chapter in order to evaluate the accessibility of the electoral process by persons with physical disabilities.
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Methodology is defined as a system of principles or methods of procedure in any discipline, such as education, research, diagnosis, or treatment.
3.1 Research design
This addresses specific aims and objectives of the study. In this case, this research availed the perception of the people with disabilities over the efficiency of the body that conducts elections in Zimbabwe in addressing their electoral needs.
The case study design considered the aim to obtain first hand information data from the respondents so as to formulate simple and direct conclusions and recommendations for the research study.Interviews, as well as interactions in workshops and meetings were used to collect data andresearch documents on the subject of PWDs.
3.2 Research population
In this study the researcher used the population of persons with disabilities, particularly the visually impaired, the hearing impaired and the mobility challenged. The research subjects were 12 ZEC management members, and 5 NASCOH management members, 31 visually impaired and 30 hearing and mobility challenged.
3.2.1 Persons with disabilities populace
The persons with disabilities constitute 10 % of the Zimbabwean population. Of the persons with a disability the percentage of different groups is spread as follows:
Table 1-PWDs populace Nature of disability Percentage Visually impaired 1% Hearing impaired 1% Mobility challenges 4% Mental Challenged 2% other disabilities 2%
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The researcher dealt with the 6% that excludes other disabilities and the mentally challenged. The sample is envisaged to contribute to a candidate winning an election, as 1 vote can make a difference. The electoral system used in Zimbabwe is the “first-past-the-post” meaning that numbers determine a winning candidate.
For the Presidential elections Zimbabwe uses the Majoritarian, meaning that the winning candidate should win by 50% plus one vote. For this reason it is of paramount importance for every citizen to participate in the electoral process so that winning candidates are elected by the eligible majority.
3.3 The research sample
The three main advantages of sampling are that the cost is lower, data collection is faster, and since the data set is smaller, it is possible to ensure homogeneity and to improve the accuracy and quality of the data. It was noted that the PWDs were sparsely populated across the country and could not be brought together research purposes.
In the research understudy a convenient sample of 78 people was used for the research. From the 78, 30 were the mobility challenged and the hearing impaired, 31 were the visually impaired, and the 12 were ZEC secretariat employees and 5 were NASCOH senior employees. The samples were from different areas where PWDs were located. The researcher sampled Zimbabwe Deaf Trust and Danhiko institution in Harare which constituted the research sample.
3.4 Sampling technique
A small, but carefully chosen sample was used to represent the population. The sample is meant to reflect the characteristics of the population from which it is drawn.
