Provisions on Participation in Political and Public Life

The Government shall through deliberate policies and measures guarantee, to persons with disabilities, political rights and the opportunity to enjoy them on equal basis. For instance, full and effective participation and inclusion mean that political election processes do not exclude persons with disabilities, ensuring, for example, that voting locations are accessible and election procedures and materials are available in multiple formats and easy to understand and use.

Linked to the concept of participation and inclusion is that of universal design, which is defined in the Convention as the “design of products, environments, programmes and services that should be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design”.

In particular, Government shall ensure that persons with disabilities effectively and fully participate in political and public life on equal basis, 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 referendum without intimidation; (iii) to stand for elections and, to effectively hold office and perform all public functions at all levels of government; (iv) facilitating the use of assistive and new technologies where appropriate; (v) guaranteeing the free expression of the will of persons with disabilities as voters and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice; (vi) designate a constituency of five seats to represent and promote the interests of persons with disabilities in the national assembly

Government shall undertake to promote an environment in which persons with disabilities participate fully 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, Boards of Statutory Corporations, diplomatic missions  and other 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 local, regional and international levels.

Under the same Article, the Bill also outlines obligations of Government to promote the right of persons with disabilities to participate in the planning, organizing, management, monitoring and evaluation of all development programs and projects at the community level.

Any person who contravenes the above provisions shall be guilty of an offence and liable, in the case of an individual, to a fine of K100, 000.00 and to imprisonment for five years; or in the case of a body corporate, to a fine of one million Kwacha; or any other measure the court may deem appropriate to redress the situation.