ZESN - Promoting Democratic Elections in Zimbabwe 14. Persons with Disabilities International law provides for the respect and protection of PWDs. In 2013, Zimbabwe became party to the Convention on the Rights of PWDs. It binds State parties take measures to ensure: a. Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons; b. Non-discrimination; c. Full and effective participation and inclusion in society; d. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; e. Equality of opportunity; f. Accessibility; g. Equality between men and women55; conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs… Section 155(2)(b) of the Constitution of Zimbabwe states that the State must take all appropriate measures to “ensure that every citizen who is eligible to vote in an election or referendum has an opportunity to cast a vote and must facilitate voting by PWDs or special needs…” Section 59 of the Electoral Act provides for illiterate or physically handicapped persons to bring a confidante to help them vote. Although the law makes such a provision, it does not conform to the Convention on the Rights of Persons with Disabilities, which endeavours to provide independence to PWDs. The Disabled Persons Act of 1992, which is the prevailing legislation, is silent on the issue of voting rights of PWDs. The Convention, in Article 29, emphasizes that State parties must take measures to ensure PWDs participate in political and public life and to enjoy them on an equal basis with others, and shall undertake to ensure that PWDs can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for PWDs to vote and be elected, inter alia, by: • Ensuring that voting procedures, facilities, and materials are appropriate, accessible and easy to understand and use; • Protecting the right of PWDs to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate; and • Guaranteeing the free expression of the will of PWDs as electors and, to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice; In the case of Abraham Mateta and ZEC & Others, the applicant wanted ZEC to make provision for the printing of ballot papers in Braille or provide tactile voting devices and to add the necessary electoral law to give effect to the right of visually impaired. The applicant argued that the absence of legislative measures allowing the visually impaired to vote by secret ballot is a violation of Section 67 (3) of the Constitution. However, the court dismissed the case on the basis that ZEC would put in place other measures to allow blind people to vote. The court also stated that Braille was impractical as levels of Braille literacy are low amongst those with visual impairments. While the Electoral Act makes provision for assisted voting, it is clear from the Mateta Case that more can be done to ensure PWDs can vote in secret. For instance the electoral law should have made provisions for the declaration of any disability upon registration; this would have greatly assisted ZEC in the provision of requisite logistics for PWDs. (b) Promote actively an environment in which PWDs can effectively and fully participate in the 55 Article 3 of the Convention on the Rights of Persons with Disabilities 54 REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS ZESN