Disability Inclusion: TAF submits Memorandum on National Electoral Offenses Commission Bill 2022

The Albino Foundation (TAF) have submitted a memorandum in pursuant to the Public Hearing of the House Committee on Electoral Matters on the National Electoral Offences Commission (Establishment) Bill, 2022, and seeks to present a case for the protection of the interest of the community of Persons with Disabilities (PWDs) in the electoral governance process, and in particular, to achieve representation of the PWD community on the proposed National Electoral Offences Commission, and for other matters incidental thereto.

TAF headed by Jake Epelle stated that due to the importance of the need to bridge the gap in inclusion and participation of PWDs in the governance and electoral process, as observed by Public institutions, CSOs, EMBs, and other stakeholders, that several institutional and policy changes with process adjustments have been introduced in recent times, including:

1. the successful advocacy for the repeal and replacement of Section 56 (sub-section 1 & 2) of the Electoral Act, 2010, with Section 54 (sub-section 1 & 2) of the Electoral Act, 2022, which now provides a wholistic disability inclusion framework in the electoral process
2. the mainstreaming of PWD inclusion in Political parties with the creation of PWD Desk offices
3. the establishment of an inclusion Directorate in INEC; and
4. the passage of the Discrimination against Persons with Disabilities (Prohibition) Act, 2018, which among other things, establishes the National Commission on Persons with Disability.

“The Community of PWDs consider The National Electoral Offences Commission (Establishment) Bill, 2022 a step in the right direction to strengthen the legitimacy of the electoral process. However, we have equally observed that the Bill in its entirety does not cater to the peculiar needs of our community. Passing the Bill without the requisite reasonable accommodation of the PWD interests would be discriminatory to the community, hence the need for provisions which ensure and demonstrate inclusion”.

The Committee may be aware that Persons with Disability, as defined by Article 1 of the United Nations Convention on the Rights of Persons with Disabilities, refers to “those who have long-term physical, mental, intellectual or sensory impairments, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”. These disabilities include albinism, hearing impairment, physical impairment, intellectual impairment, and visual impairment.

“The PWD community in Nigeria as of 2018 was estimated at 29 million Nigerians[1]. This accounted for about 14.8% of Nigeria’s 195.9 million population estimate[2] for the same year. Extrapolating this data suggests that with Nigeria’s current population estimates of over 206.1 million as of 2020, there are more than 30 million Persons with Disabilities (PWDs) in Nigeria, which is a conservative representation of the actual”.

“TAF together with other Civil Society and Development Organisations have pursued the protection and promotion of the interest of the PWD community in Nigeria, especially as related to the inclusion in the governance and electoral process, not only because this is a matter of the expression of the inalienable rights of PWDs, but also because the PWD community has demonstrated that it has the capacity and competence to perform in any area of Nigeria’s socio-polity”.

TAF justified their submission through the following:

1. i. Section 1 (subsection 1) of the Discrimination against Persons with Disabilities (Prohibition) Act 2018 stipulates that a person with disability shall not be discriminated against on the ground of his disability by any person or institution in any manner or circumstance.
2. ii. Section 30 (subsection 1 & 2) of the Discrimination against Persons with Disabilities (Prohibition) Act 2018, which also reflects the philosophy of Article 29 of the United Nations Convention on the Rights of Persons with Disabilities and Optional Protocol, and Article 21 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa, provides to the effect that PWDS shall be encouraged to fully participate in politics and public life, and that the Government shall actively promote an environment in which persons with disabilities can effectively and fully participate in, inter alia, the conduct of public affairs without discrimination.
4. The group urged the Committee to note the following:

1. a. That the PWD community forms one of the largest cross-cultural minority groups in Nigeria.
2. b. That to engender the inclusion of PWDs in the electoral process, an end-to-end consideration of policies and institutional frameworks must be considered, which in this respect, extends to the administration over electoral offences and related matters.
3. c. That the current draft of the National Electoral Offences Commission (Establishment) Bill, 2022, in its current form does not forge the goal of greater inclusion of PWDs in the polity

And approve:

1. a. The redraft of Section 2 (1) of the Bill to include “A representative of Persons with Disabilities community who shall be nominated by the National Commission for Persons with Disabilities”
2. b. The redraft of Section 9 of the Bill to include a special programme on “Sensitization on the rights and inclusion of PWDs in the electoral process and the protection of same”
3. c. The inclusion of relevant provisions on offences with regards to the infringement of the rights of Persons with Disabilities to wit “A person who violates or acts in breach of the provisions of the Discrimination against Persons with Disabilities (Prohibition) Act 2018, (or any extant Legislation for persons with disabilities), in a manner that inhibits a Person with Disability’s right to participate in the electoral process with accessibility and reasonable accommodation shall be guilty of an offence and sanctioned to the extent of such violation or breach as prescribed in the relevant law.”

The Albino Foundation (TAF) is an independent non-governmental/not-for-profit organisation incorporated with the Corporate Affairs Commission (CAC). Founded in 2006, TAF was originally established to promote the health, socio-economic rights, well-being, and empowerment of persons with albinism. The organisation has since evolved to become a focus organisation that advocates for the recognition and respect of the rights, socio-economic and political inclusion of Persons with Disabilities and other vulnerable groups in Nigeria and the world. The Foundation contributes to legislative and policy action that promotes the rights, effective mainstreaming, and general well-being of Persons with Disabilities.

TAF has a wide range of partners with whom we pursue our common interests and objectives. Their development partners include the European Union (EU), the British Council, Sightsavers International, Disability Rights Fund, and National Democratic Institute, among others. Their partnership with these organisations focuses on the pursuit of an inclusive society for our community focus groups.