By Justice Christopher
According to the World Health Organization’s 2011 World Disability Report, about 15 percent of Nigeria’s population, or at least 25 million people have disabilities, and in 2020, it was reported that over 27 million Nigerians live with some form of disability ranging from visual impairment, hearing impairment, physical impairment, intellectual and communication impairment. Many persons with disabilities face several human rights abuses, including stigma, discrimination, and violence as well as barriers that militate against their accessing basic social services, political participation, and economic opportunities.
Persons With Disabilities also experience poor educational outcomes on account of the absence of adequate facilities, including accessible infrastructure, and learning materials, and high unemployment rates, among others, which compound the vulnerability of persons with disabilities.
Pursuant to several years of pertinacious advocacy by disability rights groups and activists, Nigeria has enacted some laws to protect the rights of persons with disabilities and ensure all-inclusion in the electoral process. These laws include the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, the Convention on the Rights of People with Disabilities (CRPD), its Optional Protocol ratified in 2007 and 2010, respectively, and the Electoral Act 2022 as well as the Independent National Electoral Commission (INEC) Framework on Access and Participation of Persons with Disabilities in the Electoral Process.
The rights enshrined in the aforestated laws include:
1. Right to vote and be voted for
Just like every human, persons with disabilities have the right to vote and be voted for as stated in the Nigerian constitution, the Electoral Act, and Article 29 of the Convention on the Rights of Persons with Disabilities (CRPD).
Ensures 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.
2. Right to appropriate, accessible, and easy-to-understand election materials
Ensures the right to appropriate, accessible, and easy-to-understand election materials. The article further instructs that election facilities should be easily accessible to persons with disabilities at the polls.
Section 54(2) of the Electoral Act states that “the Commission shall take reasonable steps to ensure that persons with disabilities, special needs, and vulnerable persons are assisted at the polling place by the provision of suitable means of communication such as Braille, large embossed print, electronic devices, sign language interpretation, or off-site voting in appropriate cases.”
3. Right to be assisted to vote
The electoral Act also states that the commission shall take reasonable steps to ensure that persons with disabilities, special needs, and vulnerable persons are assisted at the polling place.
Section 54(1)of the Electoral Act states, “A Voter with visual impairment or other forms of disability who is otherwise unable to distinguish symbol or who suffers from any other physical disability may be accompanied into the polling unit by a person chosen by him or her, and that person shall, after informing the Presiding officer of the disability, be permitted to accompany the voter into the voting compartment and assist the voter to make his or her mark in accordance with the procedure prescribed by the Commission.”
4. Right to secrecy of the ballot
The right to secrecy of voting applies to everyone including persons with disabilities. The Act shall protect the right of persons with disabilities to vote by secret ballot in elections and public referendum 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.
The Act guarantees the free expression of the will of persons with disabilities as electorate and to this end, where necessary, at their request, allows assistance in voting by a person of their own choice.
5. Protection of persons with disabilities during emergencies while voting
According to Section 25 of the Discrimination Against People with Disabilities (Prohibition) Act 2018, “In all situations of risk, violence, emergencies, and the occurrences of natural disasters, the government should take all necessary steps to ensure the protection and safety of persons with disabilities, taking cognizance of their peculiar vulnerability.”
Notwithstanding the express provisions of the Law, persons with disabilities were marginalized by various decrees at different stages of the electoral process. During the governorship and presidential campaign rallies and at the polling units across the country sign, language interpreters were nowhere to be found. Again, neither campaign materials nor voting materials were accessible to persons with visual impairment. Persons with multiple disabilities fared worse. Furthermore, polling units and campaign grounds were generally inaccessible across the country. In parts of the country where incidents of violence were reported, persons with disabilities were left to their fate.
However, persons with disabilities received varying degrees of assistance at the polling units. Ultimately, it is pertinent, to understand that the rights of persons with disabilities are fundamental in any election. Thus, state and non-state actors must ensure accessibility and inclusivity ahead of future elections.
Justice Christopher is the National Director of Media and Publicity, The Association of Lawyers with Disabilities in Nigeria (ALDIN)
