Assistance to PWDs on Election Day

Atty. Erwin M. Caliba PPCRV Pre-Election National Conference March 6-8, 2013 Pius XII Catholic Center

International Law – – – Universal Declaration of Human Rights (Sec. 1 & 3, Article 21), 1948 International Covenant on Civil and Political Rights (Article 25), 1976 Convention on the Rights of Persons with Disabilities, 2008

Domestic Law – – – – – 1987 Constitution (Sec. 2, par. 2, Article V), 1987 R.A. No. 8189 “Voter’s Registration Act of 1996”, 1996 B.P. Blg. 881 “Omnibus Election Code”, 1985 R.A. No. 7277 “Magna Carta for Disabled Persons”, 1992 R.A. 10366 “An Act Authorizing the Commission on Elections to Establish Precincts Assigned to Accessible Polling Places Exclusively for Persons with Disabilities and Senior Citizens”, signed on February 15, 2013 and to take effect on July 1, 201 3

RA 10366 SEC. 9. Creation of Precincts for Persons with Disabilities and Senior Citizens. – The Commission is hereby authorized to establish precincts of a nonterritorial nature, exclusively for persons with disabilities and senior citizens who in their registration records manifest their intent to avail of their right to a separate precinct under this section. Pursuant hereto, the Commission shall

establish at least one (1) such precinct, assigned to accessible polling places, for every voting

center. Such precincts shall be provided with assistive devices as well as the services of experts in assisting persons with disabilities.

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Definition “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder them full and effective participation in society on an equal basis with others.” -- Article 1, UN Convention on the Rights of

Persons with Disabilities, 2008

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Classification of Disabilities for Election Purposes

1. Physical 2. Hearing 3. Speech 4. Visual 5. Non-manifest 6

Types of Assistance

1. Assistor 2. Communication Assistance 3. Accessible Precinct 4. Visual Assistance 5. None 7

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Updating of Registration Records

indicating in the Supplementary Data the type of disability and the assistance needed on election day 8

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3 WAYS OF PWD VOTING

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1. Polling Place on the Ground Floor 2. Accessible Polling Place (APP) 3. Voting in the Assigned Polling Place ( PWDs with Unupdated Registration Records ) 1010 Commission on Elections

•

Comelec Resolution 9485

or the Rules

and Regulations for Voting of Persons with Disabilities and for Establishment of Accessible Polling Places in Connection with the May 13,

2013 Elections, June 29, 2012 – Assignment of clustered precincts with PWD voters at the ground floor – Establishment of APP in selected voting centers 11

•

Sec 42, Comelec Resolution No. 9640

or the General Instructions for

the BEI, February 15, 2013

– PWDs, Senior Citizens and Escorted Detainee Voters shall be afforded their right to express lane and made to vote upon arrival 12

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ACCESSIBLE POLLING PLACE

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Procedure in the APP 14

Waiting Area in the APP • •

Establishment of a Waiting Area for PWDs inside the Voting Center

The EO in coordination with the principal or administrative officer of the voting center shall

establish a waiting area for PWDs inside the

voting center preferably near the gate or a classroom beside the accessible polling place.

The Election Officer may coordinate with the local government units to ensure that tents and chairs will be provided in the waiting area. (Sec.

3, Resolution No. 9485)

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Pilot APPs in 2 Voting Centers in Dasmariñas City 1. Salawag Elementary School - 528 PWD voters 2. Area E Elementary School - 294 PWD voters 16

ASSISTANCE FOR PWDs

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1. Assistor

-

PWD or Illiterate voters listed in the EDCVL - preparation of the ballot and feeding to the machine – Preparation - Assistor must be a relative within the 4 th degree of sanguinity or consaguinity, any person of confidence belonging to same household or any member of the BEI – – All assistors must be of voting age No assistor may assist the PWD voters for more than three (3) times except the BEI members 18

– Assistor shall, in the presence of the PWD voter, prepare the ballot using a ballot secrecy folder – Assistor shall bind himself in writing and under oath to fill the ballot strictly in accordance with the instructions of the voter and not reveal the contents thereof, by affixing his signature in the appropriate space in the Minutes of Voting.

– Feeding - Third Member of the BEI or support staff who make sure the contents of the ballot are not displayed 19

2. Communication Assistance

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Sign language interpretation, or - use of writing materials and papers to communicate, or - any other mechanism that allows persons with disabilities related to speech and/or hearing to communicate their concerns to BEI or SBEI-PWD 20

3. Physical Accessibility

-Parking /Drop-off point -Accessibility Sign -Ramps with handrails -Rest rooms -Non-skid flooring

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• • •

PROJECT EASE

Ensuring Accessibility of Schools on Elections Accessibility Audit Audit Teams formed by Comelec, DPWH, DepEd, NCDA, LGUs, UAP and PWD Sectors 22

4. Visual Assistance

-

Reading aloud

forms, or of the printed instructions and -providing

recorded voice

instructions, or - printing of voting instructions in

large letters

or -

any other mechanism

that can be utilized by the persons with disability related to sight. (e.g. Braille) 23

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Note

The Commission, through the Election Officer, shall designate members of the accredited citizens’ arms who may assist PWDs in the accessible polling place. (Section 2, Resolution

No. 9845)

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CONCLUSION

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Mabuhay ang mga PWDs!

Maraming Salamat Po!

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Photo Credits: Inter-Agency and NGO Network on Empowering PWDs COMELEC EID Office of Retired Comm. Rene V. Sarmiento Google 27