Behinderung und internationale Entwicklung Disability and ...

A RTIKEL/ARTICLEda (LAPD), was filed with the ConstitutionalCourt of Uganda; the petition was scheduledon 22nd July 2011. The elections have becomepolitical power games of individuals, whiledisability substance has been undermined. Inthe petition, it is stated that many clients andpartners of LAPD had expressed dissatisfactionwith the current electoral system of their representativesto the Parliament and Local Councils;this was the root cause that initiated the processtowards the petition. The purpose of thepetition is to highlight the weaknesses in theelectoral laws for representatives of personswith disabilities, as well as singling out themain challenges that persons with disabilitiesface in the electoral process.The issues pertaining to the electoral processthat were raised in the petition were twofold.The first issue the petition raises has to do withthe fact that all five Members of Parliament representingpersons with disabilities are electedby an Electoral College, as the current systemrequires formation of one National ElectoralCollege, which elects all the five Members ofParliament. According to the petition, this risesabsurdities, such as the deviation of the proceduresfrom the regulations of the Constitution(which demarcates Uganda into constituencies)and the Electoral Commission Act (which givesa right to a voter to vote in a parish or ward inwhich he or she is registered); the phenomenonthat candidates are voted on the basis of otherfactors and not expected effective representation(because the system requires delegates tovote for a candidate three quarters of whomhe/she will not represent) and; the system imposesan unnecessary burden on the candidateswho have to campaign in all the regions ofthe country (in order to get support). Accordingto the petition, the current system favours sittingMembers of Parliament and rich, well-resourcedcandidates, and that a new candidatewith minimal resources will find it difficult tosuccessfully compete.The second issue the petition raises has todo with the involvement of the NUDIPU structurein the election process. Firstly, NUDIPU is anon-governmental organisation (NGO) registeredunder the NGO Board Act and the CompaniesAct, as a company limited by guarantee,and can be wound up by a resolution of members.Furthermore, it’s internal managementand democratic practices are not provided forby law and therefore it is not, according to thepetition, suited for being part of an electoralprocess. Secondly, NUDIPU was formed by personswith disabilities as an activist organisationto fight for their rights and dignity, and thereforeits involvement in elections would, accordingto the petition, compromise the mandate forwhich it was formed. Further, the petitionargues that from past experience of previouselections, the Electoral Commission does notprovide sufficient funds to enable NUDIPU carryout election of delegates to the National ElectoralCollege and at the end of the day NUDIPUgets blamed when delegates are not properlyelected.The petition also proposes recommendationsof laws governing the electoral process, whichbasically emphasise the utilisation of SubCounty, District, Regional and National ElectoralColleges, consisting of registered voters withdisabilities. At each level it is emphasised thatas the numbers of delegates are determined bythe Electoral Commission, there needs to beconsultation with the disability movement. Thepetition also recommends that: the NationalCouncil for Disability shall draw up voters registersof the Electoral Colleges and publish themas provided in the electoral laws; affirmativeaction pertaining to women with disabilitiesshould be maintained; the relevant legislationshould be amended to reflect the changes thatare proposed in the petition and the ElectoralCommission should start early the process ofelection of representatives of persons with disabilitiesto avoid mistakes resulting from conductingelections in a hurry. At the time of the writingof this article, no date has been fixed forthe matter to be heard.Discussions and ConcludingRemarksBased on the principle of non-discrimination ina human rights-based approach, persons withdisabilities have been finally mainstreamed intohuman rights and development discourses, atleast in theory, and in the Ugandan politicalsphere in practice. The example of political representationin Uganda using the affirmativeaction policy has both positive and negative implications,based on the findings of our multidisciplinaryproject. A few negative aspectswere described above. As for the positive ones,self-determination exercised in the elections isconsidered as the sign of democratic capacity,which is not a charity but an entitlement. Personswith disabilities who are too frequentlyand disproportionally at the bottom of the socialstratification gain the decision-making powerfor their own representatives, as nondisabledpeers do. Thus ownership and participationof persons with disabilities in the form ofelection activities is a process towards mainstre-12Behinderung und internationale Entwicklung 3/2012Disability and International Development