A critical analysis of a blind person's right to a secret vote in Zambia

Abstract

At both domestic and international level, Zambia has assumed obligations to protect the right of disabled persons. One such right is the right of blind voters to a secret ballot. Despite the fact that the legal framework in Zambia provides for the conduct of elections by means of a secret ballot, the practice has been that blind voters are being deprived of this right. During elections, blind voters are subjected to the assistance of a third party that is required to mark the ballot paper on their behalf. By both international and domestic standards, Zambia is in breach of its obligation to ensure that blind persons take part in the political affairs of the country on an equal basis with others.Both international and domestic law permits a certain level of limitation or derogation from constitutionally guaranteed rights. However, a law that restricts fundamental human rights must be shown to be reasonably justified in a democratic society and must also not be discriminatory in its effect or application. The secret vote is the foundation of every democratic election and its violations undermines the very principles of democracy. Further, depriving blind voters of the secret ballot is discrimination on the grounds of class. Therefore, depriving blind voters of their right to a secret ballot is unlawful and not justified in a democratic state. In this regard, there is need to adopt alternative voting mechanisms that will allow blind voters to vote independently and exercise the right to a secret ballot.