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This article participates on the following special index pages:
2008 harmonised elections - Index of articles
Litigating
for the protection of the right to vote of persons with disabilities
Zimbabwe Lawyers for Human Rights (ZLHR)
March 28, 2008
Zimbabwe Lawyers for
Human Rights (ZLHR) supports the rights of persons with disabilities
to participate in the governance of Zimbabwe by voting freely and
electing candidates of their choice into government during the harmonized
elections of 29 March 2008.
ZLHR thus condemns the
last minute provisions imposed by the incumbent President of Zimbabwe
(an interested party and presidential candidate in the elections)
using disputed presidential powers, directing that persons with
disabilities be assisted by police officers in casting their vote.
On 17 March 2008, eleven
(11) days before the elections, the Presidential Powers (Temporary
Measures) (Amendment of Electoral Act) (No. 2) Regulations, 2008
(SI 43/2008) was published in the Government Gazette of 17 March
2008 ("Presidential Powers Regulations") and directed
that persons with disabilities be assisted by police officers in
casting their vote during the 29 March 2008 elections.
On 26 March
2008 an urgent application was filed in the High Court, in the matter
of Masimba Kuchena & Ors vs. The Minister of Justice,
Legal & Parliamentary Affairs and the Chairperson, Zimbabwe
Electoral Commission HC. 1727/08, seeking an order
that the Presidential Powers Regulations and indeed sections 59
and 60 of the Electoral Act, as amended, violate the rights of persons
with disabilities and illiterate voters to their privacy (to secrecy
of the ballot) and ultimately to exercise their free will and choose
a candidate of their choice.
Before the use of presidential
powers, sections 59 and 60 of the Electoral Act stipulated that
such persons as illiterate voters or physically incapacitated voters
must be assisted by a presiding officer, in the presence of two
other electoral officers appointed to preside over polling stations
by the Zimbabwe Electoral Commission (ZEC). The presence of police
officers in this process was specifically removed as an outcome
of the SADC dialogue process.
ZLHR is outraged at this
use of presidential powers by a candidate and interested party in
the presidential election, and the continued abuse of these powers
which have been disputed in previous elections and continue to be
highly unacceptable to a democratic process and free and fair elections.
It is further unacceptable that agreements made during the SADC
dialogue process continue to be unilaterally changed or disregarded
by an individual with an obvious interest in the outcome of the
election.
Section 3 (b)
(i) of the Electoral
Act [Chapter 2:13] provides that every Zimbabwean citizen has
the right "to participate in government directly or through
freely chosen representatives, and is entitled, without
distinction on the ground of race, ethnicity, gender, language,
political or religious belief, education, physical appearance or
disability or economic or social condition, to
stand for office and cast a vote freely" (our emphasis).
The right to cast a vote
freely entails the exercise of one's free will, their freedom
of choice and expression, which choice and free will can only be
guarantee through secrecy of the ballot on voting day.
By directing that disabled
persons be assisted by police officers, the Presidential Powers
Regulations of 17 March deny disabled persons the secrecy of the
ballot and subsequently the free expression of their will and choice.
Indeed the Electoral Act itself already imposes upon disabled and
illiterate voters the assistance of persons (in the form of employees
of ZEC) in whom they have no trust, to which person they must disclose
their political affiliations and chosen election candidates, rather
than being able to be assisted by a person of their choice.
Article 29(a)
of the United Nations Convention on the Rights of Persons with
Disabilities provides that there must be guaranteed to persons
with disabilities their political rights and their enjoyment on
an equal basis with others. These rights are guaranteed through
ensuring that procedures, facilities and materials are appropriate,
accessible and easy to understand and use. Further, there must be
guarantee of 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.
The urgent court application
seeks that illiterate persons and persons with disabilities be assisted
in voting by a person of their own choice, in whom they hold trust.
The application further seeks that ZEC must ensure that it provides
during elections such procedures, facilities and materials as will
enable persons with disabilities to vote secretly and independently
without interference as far as is reasonably practicable.
It is hope that the above
cited case will be considered urgently and fairly so that it may
protect the rights of persons with disabilities to participate in
the governance of their country through casting their vote in an
environment of secrecy wherein they can exercise their free will
and choice on 29 March 2008.
ZLHR awaits the decision
of the High Court in the matter.
Visit the ZLHR
fact
sheet
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