Assistance to PWDs on Election DayAssistance to PWDs on Election DayAtty. 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

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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

RA 10366SEC. 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. Physical2. Hearing3. Speech4. Visual5. Non-manifest

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Types of Assistance

1. Assistor2. Communication Assistance3. Accessible Precinct4. Visual Assistance5. None

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Updating of Registration Records

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

3 WAYS OF PWD VOTING3 WAYS OF PWD VOTING04/19/23 9

Commission on Elections 1010

1. Polling Place on the Ground Floor

2. Accessible Polling Place (APP)3. Voting in the Assigned Polling

Place (PWDs with Unupdated Registration

Records)

• 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

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• 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

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ACCESSIBLE POLLING PLACE

Procedure in the APP

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Waiting Area in the APP

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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)

Pilot APPs in 2 Voting Centers in Dasmariñas City

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1. Salawag Elementary School - 528 PWD voters2. Area E Elementary School - 294 PWD voters

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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 4th 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

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– 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

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2. Communication Assistance - 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

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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

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4. Visual Assistance - Reading aloud of the printed instructions and forms, or

-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) 

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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)

 

CONCLUSIONCONCLUSION

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Mabuhay ang mga PWDs!

Maraming Salamat Po!

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Photo Credits:

Inter-Agency and NGO Network on Empowering PWDsCOMELEC EIDOffice of Retired Comm. Rene V. SarmientoGoogle

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