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Nepal
General Right to Vote
[Interim] Constitution ***Nepal set a May 28, 2011, target date for formulating a new constitution, but that deadline has since been extended.
(2007)
- Section 63, subsection 7 states, “For the purpose of elections to the Constituent Assembly, every Nepali citizen who has attained the age of eighteen years by the end of Mangsir, 2063 (15 December 2006) shall be entitled to vote, as provided for in the law”
- Section 63, subsection 7B states, “Notwithstanding anything contained in Clause (7), if the position of a member elected pursuant to paragraph (A) of sub-clause (3A) falls vacant owing to any reason and needs to be filled by an election pursuant to sub-clause (7A), every Nepali citizen, who has attained the age of 18 years by the end of Chaitra (mid-April) of the previous year immediate to the election year, will be entitled to vote as provided for in the law.”
Comprehensive Peace Accord Concluded Between the Government of Nepal and the Communist Party of Nepal (Maoist)
(2006)
- Section 7.4.2 states, “Both sides respect the right of every citizen to take part directly or through one’s nominated representative in the matters of public concern, to case vote, to be elected and to enjoy the right of equality of entering into public service.”
Specific Inclusion of People With Disabilities
[Interim] Constitution
***Nepal set a May 28, 2011, target date for formulating a new constitution, but that deadline has since been
extended.
(2007)
- Section 13, subsection (3) states, “Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment, or advancement of...disabled or those who are physically or mentally incapacitated.”
- Section 154 states, “ The Government of Nepal may form necessary commissions to safeguard and promote the rights and interests of different sectors of the country including ...disabled.”
Electoral Laws
Election to Members of the Constituent Assembly Act, 2064
(2007)
- Section 7, Explanation subsection 2 states, “While enlisting the candidates pursuant to this Section, the Political Parties must pay proper attention to the representation of the oppressed group, poor farmers, and labours including disabled.”
The Disabled Persons Protection and Welfare Act
(1982)
- Section 5 states, “(2) No disabled persons shall be deprived of such political rights and the right to economic and social security, to spend life with dignity, employment to have humanitarian dignity to engage in any useful, productive and meaningful occupation as other are entitled thereto. (3) No discrimination shall be made against any disabled person in the appointment of Government service or any other public service, and there shall not be deprived the disabled persons of being appointed for any post or promoted or upgraded or having equal treatment, merely on the ground of their disability.”
Voter Assistance
Electoral Law
Election to Members of the Constituent Assembly Act, 2064
(1997)
- Section 46 states...
- If any voter being unable to vote by him/herself owing to physical disability or any other reason requests for permission to be accompanied by any person whom he/she trusts and the Polling Officer shall, if he/she considers it to be reasonable, allow such a person accompanied by the voter to enter into the voting compartment.
- If any voter being unable to vote by him/herself requests the Polling Officer to mark his/her vote in the box containing the symbol of his/her choice on the ballot paper or requests the Polling Officer for permission to be accompanied by another person to mark his/her vote in the box containing the symbol of his/her choice, arrangements shall have to be made so that the Polling Officer or the person whom the voter has with his/her free will and consent, chosen on his/her behalf, shall assist the voter in marking the vote.
- Notwithstanding anything contained elsewhere in this Act, the Commission may make special arrangement for voting by the blind, disabled, elderly persons, pregnant women and other voters suffering from other similar physical infirmities.”
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