Kenya and the world mark International Day of Persons with Disabilities on Friday, December 3, 2021.
I take great pride in joining the celebration because this occasion marks an important milestone and trajectory in embracing people with disabilities as citizens.
Kenya is gearing for elections in August 2022 and there is extreme urgency to mainstream accessibility of electoral information and communication materials to PWDs. An inclusive electoral process that guarantees the rights of the voters with disability is an antecedent of credible and unbiased electoral process.
The Elections Act of 2011 seeks to assure the right to vote for PWDs is protected and fulfilled, but PWDs remain politically underrepresented and are more likely to be excluded from participation.
Celebrating the International Day of Persons with Disabilities is, therefore, critical as it seeks to enhance an inclusive electoral system for voters with disabilities.
Pursuant to Article 54(2) of the Constitution on accessibility of civic rights of a voter with disability, we should by now be conducting countrywide braille civic training, dissemination of voter education using braille and sign language.
The focus on inclusion, particularly the use of the braille version of the voter education curriculum, will guarantee a fair and non-partisan electoral process. It is a great contribution to democratisation.
This is why I am keen on enforcing strong disability legislation and constitutional provisions to increase the electoral participation of voters with disability, by eliminating barriers in accessing all phases of the electoral cycle. We just had the voter registration, while the IDPD is important in focusing us on the actual casting of the ballot.
Therefore, the IEBC should procure enough braille ballot papers as a guarantee for the participation of the blind voters in the 2022 elections. This is not discretionary for IEBC, but the right of the blind to vote under Article 100 of the Constitution.
Moreover, the IEBC should ensure accessibility and mobility to polling stations by voters with disability, who many a times choose to keep off this important democratic event rather than endure humiliation and pain. I long for the day the IEBC will hold a PWD forum to seek their input in election preparations.
I am a firm believer in the rights approach that embodies inclusion, human rights, self-determination and empowerment of voters living with disability. It must become the catalyst that influences political and electoral participation of PWDs, disability law, policy discourse and practices in Kenya. We must abandon the charity school of thought when associating with PWDs.
What is not readily accepted is that the marginalised and minority groups — the youth, women, PWDs and pastoralists – form majority of voters. The latter are found in 26 counties and are about three million of the 47 million people of Kenya. The blind as a category of PWDs are also three million.
We will, therefore, fully realise the salient democratic right of this huge PWD demography to participate in elections when the barriers hindering their effective and full participation are eliminated. To achieve a seamless inclusive electoral participation, we must start with the minority within the marginalised groups – those voters living with disability – because of their special needs.
To ensure a barrier-free environment for voters with disability, all institutions at every level of society should raise awareness about the situation of PWDs in all aspects of political, social, economic, and cultural life.
In this regard, The Persons with Disabilities Act of 2003 provides a framework for access to services and inclusion of persons with disabilities in all facets of life. However, it is regrettable that the Act and consequential legislation have not solved barriers to electoral participation for voters with disability.
The celebration of December 3 should be a call to action in the enforcement of these Acts so that PWDs are facilitated and empowered to express and communicate their views and needs in a barrier-free environment.
In marking this day, we must commit unwavering support to ending discrimination against PWDs, and more so the voters among them.
To paraphrase my ANC manifesto; Uchumi bora, pesa mfukoni (A better economy that works for all), I am obliged to; enforce the constitutional right of PWDs to be treated with dignity, have equal access to public facilities and reasonable access to all other places; comprehensively implement the constitutional imperative to recognise braille, sign language and other accessible formats as official languages in Kenya; provide for the right of PWDs to participate in public life as essential to creating a stable democracy, active citizenship and reduction of inequalities in society and implement the Constitution’s directive that five per cent of all elective and appointive positions should be reserved for PWDs.
Persons with disability organizations, development partners and all other stakeholders should work together to achieve an inclusive and participatory, but more importantly; operational electoral, political, social, and legal institutional structures that advance rights of the voters with disability.
We must begin promoting equalisation of opportunities and the rights of PWDs, and disabuse ourselves of prejudicial barriers in enforcement of existing laws.
In advancing the rights of the disadvantaged in the disability community, I intend to establish a ring-fenced fund to support PWDs in matters education, health and business, and provide free medical cover to PWDs.
Historically, disability policies have typically been developed for PWDs, rather than with their direct participation. Voters with disability have been isolated from electoral participation and from each other. This has restricted opportunities in political parties, Parliament, county assemblies, or to politically organize.
Disability is not inability. We must remove blinkers from our eyes and see PWDs for who they are – accredited citizens who must participate in all spheres of life.
Such effective participation and inclusive involvement in political and electoral processes will have an emancipatory effect, when marginalised groups feel they are part of something, and in turn become more aware of their rights and responsibilities.
Musalia Mudavadi is the ANC leader, former deputy prime minister and the seventh vice-president
