Disability Rights and Election Observation: Increasing Access to the Political Process

ABSTRACT

According to the World Health Organization and the World Bank, people with disabilities comprise approximately 15% of the world's population – however, these one billion people are often excluded from political life. Disability-inclusive election observation provides the opportunity to address barriers to political participation and to empower men and women with disabilities to serve in leadership roles. This paper will summarise the key international and regional standards that outline the political rights of people with disabilities and explore the extent to which International Electoral Observation Missions (IEOMs) are inclusive. It will review observation checklists, as well as available methodologies of IEOMs. Based on this review and the authors' election access observation experience, this paper will identify areas where inclusion of people with disabilities in election observation could be improved, thereby leading to increased access to the political process.

KEYWORDS:

• Elections
• Election Observation
• Disability Rights

Acknowledgments

The authors would like to extend their deep appreciation for the work of DPO partners around the world, especially in Cambodia, the Dominican Republic, Haiti, Indonesia, Kosovo, the Philippines, Nepal, Malaysia, Myanmar and Timor-Leste, who have facilitated election access observations.

Notes

1 World Health Organization and World Bank ‘World Report on Disability’ (2011) <http://who.int/disabilities/world_report/2011/en/> accessed 4 March 2017.

2 ibid.

3 Convention on the Rights of Persons with Disabilities (adopted 13 December 2006, entered into force 3 May 2008) A/RES/61/106 (CRPD).

4 Sarah Sunn Bush and Lauren Prather, ‘The Promise and Limits of Election Observers in Building Election Credibility’ (2017) 79 The Journal of Politics 921.

5 European Union Agency for Fundamental Rights, ‘The Right to Political Participation for Persons with Disabilities: Human Rights Indicators’ (2014) <http://fra.europa.eu/en/publication/2014/right-political-participation-persons-disabilities-summary> accessed 28 September 2017.

6 IFES, ‘Audits on Election Accessibility for Persons with Disabilities in Haiti’ (2012) <http://www.electionaccess.org/en/resources/publications/479/> accessed 1 September 2017.

7 Virginia Atkinson, Aaron Azelton and Kent Fogg, ‘Equal Access: How to Include Persons with Disabilities in Elections and Political Processes’ (IFES and National Democratic Institute 2014).

8 Virginia Atkinson and Rebecca Aaberg, ‘Inclusive Election Observation Toolkit’ (forthcoming, IFES December 2017).

9 ibid.

10 See for instance: Judith G Kelley, Monitoring Democracy: When International Election Observation Works, and Why It Often Fails (Princeton University Press 2012); Sarah Birch Electoral Malpractice (Oxford University Press 2011); Susan D Hyde, The Pseudo-Democrat's Dilemma: Why Election Monitoring Became an International Norm (Cornell University Press 2011).

11 Sunn Bush and Prather (n 4).

12 Laura A Dutton, ‘Evaluating the Criteria for Successful Elections in Post-Conflict Countries: A Case Study including Iraq, Sierra Leone, and Bosnia and Herzegovina’ (, Indiana University 2014).

13 CRPD (n 3) art 29.

14 Women's Refugee Commission, ‘Working to Improve Our Own Futures: Inclusion of Women and Girls with Disabilities in Humanitarian Action’ (2016) <https://www.womensrefugeecommission.org/disabilities/resources/1342-networks-women-disabilities> accessed 1 September 2017.

15 Janet E Lord, Katherine N Guernsey, Joelle M Balfe, Valerie L Karr and Allison S deFranco, Human Rights. YES! Action and Advocacy on the Rights of Persons with Disabilities (2nd edn, University of Minnesota Human Rights Center 2012).

16 Inclusion International, ‘Inclusive Civic Engagement: An Information Toolkit for Families and Persons with Intellectual Disabilities’ (2015) <http://electionaccess.org/en/media/news/39/> accessed 19 May 2017.

17 Interview with Bani Alfred, Now Teewata Aromata, Angeline Chand, Mary Dean, Setareki Macanawai and Ruci Senikula (September 2016) ElectionAccess.org < > accessed.

18 Virginia Atkinson, Aaron Azelton and Kent Fogg. ‘Equal Access: How to Include Persons with Disabilities in Elections and Political Processes’ (IFES and NDI 2014).

19 Derrick L Cogburn, ‘The Grand Challenge of Disability and Development in ASEAN’ in Derrick L Cogburn and Tina Kempin Reuter (eds), Making Disability Rights Real in Southeast Asia: Implementing the UN Convention on the Rights of Persons with Disabilities in ASEAN (Lexington Books 2017).

20 Interview with Erni Andriani, General Election Network for Disability Access Program Manager (18 September 2017) Washington, DC.

21 Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A(III) (UDHR or Universal Declaration); International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR).

22 Cogburn (n 19).

23 UDHR (n 21) art 21.

24 ICCPR (n 21) art 26.

25 See the CRPD homepage <www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html> accessed September 2017.

26 CRPD (n 3) art 29.

27 ibid art 12.

28 European Union Agency for Fundamental Rights (n 5).

29 European Commission for Democracy through Law, ‘Revised Interpretative Declaration to the Code of Good Practice in Electoral Matters on the Participation of People with Disabilities in Elections’ (2011) <http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2011)045-e> accessed 4 March 2017.

30 European Commission for Democracy through Law, ‘Interpretative Declaration to the Code of Good Practice in Electoral Matters on the Participation of People with Disabilities in Election’ (2010) <http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2011)045-e> accessed 4 March 2017.

31 Kiss v Hungary App no 38832/06 (2010, ECtHR, 20 August 2010).

32 Council of Europe, ‘Recommendation of the Committee of Ministers to member states on the participation of persons with disabilities in political and public life’ (2011).

33 ibid.

34 United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP), ‘Incheon Strategy to “Make the Right Real” for Persons with Disabilities in Asia and the Pacific’ (UNESCAP 2012) <http://www.unescap.org/resources/incheon-strategy-%E2%80%9Cmake-right-real%E2%80%9D-persons-disabilities-asia-and-pacific> accessed 4 March 2017.

35 General Election Network for Disability Access (AGENDA), ‘Bali Commitments on Equal Access to Elections’ (2012) <http://electionaccess.org/en/resources/international-laws/268/> accessed 4 March 2017.

36 ibid.

37 General Election Network for Disability Access (AGENDA), ‘Jakarta Addendum to Address Overlapping Forms of Marginalization’ (2015).

38 Organization of American States, ‘Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities’ (1999) art 3 <http://www.oas.org/juridico/english/treaties/a-65.html> accessed 4 March 2017.

39 Organization of American States, ‘Inter-American Democratic Charter’ (2001) <http://www.oas.org/charter/docs/resolution1_en_p4.htm> accessed 4 March 2017.

40 African Union, ‘Continental Plan of Action for the African Decade of Persons with Disabilities 2010–19’ (2010) <https://au.int/sites/default/files/pages/32900-file-cpoa_handbook._audp.english_-_copy.pdf> accessed 1 September.

41 General Election Network for Disability Access, ‘2014 Presidential Elections in Indonesia: Monitoring Results from Aceh, Jakarta, Central Java, South Kalimantan and South Sulawesi’ (2014) <https://www.ifes.org/sites/default/files/indonesia_election_access_monitoring_report_2014.pdf> accessed 19 May 2017.

42 National Democratic Institute, ‘Declaration of Principles for International Election Observation and the Code of Conduct for International Election Observers’ <www.ndi.org/DoP> accessed 1 September 2017.

43 ‘Declaration of Principles for International Election Observation and the Code of Conduct for International Election Observers’ (commemorated to the UN 27 October 2005).

44 As of February 2017.

45 Ichal Supriadi, ‘The Role of Civil Society in Engaging with EMBs to Promote Rights of PWDs in Elections’ (ANFREL 2017).

46 The Carter Center, ‘Election Obligations and Standards: A Carter Center Assessment Manual’ (The Carter Center 2014) <https://www.cartercenter.org/resources/pdfs/peace/democracy/cc-oes-handbook-10172014.pdf> accessed 4 March 2017.

47 The Carter Center, ‘Presidential, Legislative, and Provincial Assembly Election in Mozambique’ (2014) <https://www.cartercenter.org/resources/pdfs/news/peace_publications/election_reports/mozambique-finalrpt-061616.pdf> accessed 19 May 2017.

48 The Carter Center, ‘Observing Myanmar's 2015 General Elections: Final Report’ (2015) <https://www.cartercenter.org/resources/pdfs/news/peace_publications/election_reports/myanmar-2015-final.pdf> accessed 19 May 2017.

49 The Carter Center, ‘Limited Election Observation Mission to the Philippines June 2016 Statement’ (2016) <https://www.cartercenter.org/resources/pdfs/news/peace_publications/election_reports/philippines-june-2016-election-statement.pdf> accessed 19 May 2017.

50 European Union, ‘Handbook for European Union Election Observation’ (3rd edn, 2016) <https://eeas.europa.eu/sites/eeas/files/handbook_for_eu_eom_2016.pdf> accessed 4 March 2017.

51 European Union, ‘European Union Election Observation Mission to the Republic of Tanzania Final Report, General Elections 2015’ (2015) <https://eeas.europa.eu/topics/election-observation-missions-eueoms/421/election-observation-missions-eueoms_en> accessed 19 May 2017.

52 European Union, ‘European Union Election Observation Mission to The Hashemite Kingdom of Jordan Parliamentary Election 20 September 2016 Final Report’ (2016) <https://eeas.europa.eu/election-observation-missions/eom-jordan-2016_en/16315/Final%20Report%20of%20the%20EU%20Election%20Observation%20Mission%20to%20Jordan%202016%20-%20English> accessed 19 May 2017.

53 Organization of American States, ‘Estudio sobre Participación en América Central’ (2014).

54 Organization of American States, ‘Mejores Prácticas en Observación Electoral de la OEA, 2004–2007’ (2008).

55 Organisation for Security and Cooperation in Europe, Election Observation Handbook Sixth Edition (OSCE 2010).

56 OSCE Office of Democratic Institutions and Human Rights, ‘Recommendations’ 31 October 2016, Helsinki, Finland <http://www.osce.org/odihr/311076?download=true> accessed 1 September 2017.

57 OSCE (n 55).

58 EU (n 50).

59 General Election Network for Disability Access (n 41).

60 ibid.

61 IFES, ‘Indonesia EMB Adopts New AGENDA Inclusion Tool’ <http://electionaccess.org/en/media/news/48/> accessed September 2017.

62 IFES, ‘IFES Organizes First Pacific Regional Disability Rights Dialogue’ <http://www.ifes.org/news/ifes-organizes-first-pacific-regional-disability-rights-dialogue> accessed October 2017.

63 Atkinson and Aaberg (n 8).

64 Democracy in Action and HandiKOS, ‘Inclusion of People with Disabilities in the Electoral Process’ (2014) <http://electionaccess.org/en/resources/publications/478/> accessed 19 May 2017.

65 IFES and the Ibero-American Network of Organizations of Persons with Disabilities, ‘Recommendations to the JCE on how to make the electoral process more accessible to persons with disabilities’ (unpublished 2012).

66 Atkinson and Aaberg (n 8).

67 IFES and the Ibero-American Network of Organizations of Persons with Disabilities, ‘Project: “Right to Choose” Manual for Best Practices and Lessons Learned’ (IFES 2012).

68 IFES and the Ibero-American Network of Organizations of Persons with Disabilities (n 67).

69 OSCE Office of Democratic Institutions and Human Rights, Handbook on Observing and Promoting the Electoral Participation of Persons with Disabilities (OSCE 2017).

70 General Election Network for Disability Access (n 41).

71 ibid.

Additional information

Funding

This work was supported by the Australian Department of Foreign Affairs and Trade (DFAT) and the United States Agency for International Development (USAID).