ITU/UNESCAP Asia-Pacific Regional Workshop on Mainstreaming ICT Accessibility for

1. Disability, Accessibility and ICT in The Convention on the Rights of Persons with DisabilitiesBy Axel LebloisExecutive Director, G3ict ITU/UNESCAP Asia-Pacific Regional Workshop on Mainstreaming ICT Accessibility for Persons with Disabilities United Nations Conference Centre, Bangkok August 25-27, 2009

2. The G3ict Initiative is made possible thanks to the generous support of the following organizations: CO-HOSTS G3ict Mission • A Flagship Advocacy Initiative of the United Nations Global Alliance for ICT and Development • To Facilitate the Implementation of the Digital Accessibility Agenda defined by the Convention on the Rights of Persons with Disabilities • A public-private collaboration including all stakeholders

3. Agenda Disability and ICT accessibility in the Convention - definitions Application areas covered by the Convention Special Dispositions Promoting Accessible & Assistive Technologies Implementation

4. “Disability” in the Convention on the Rights of Persons with Disabilities • Article 1: “Persons with disabilities include 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”. • The Convention definition of “Disability” constitutes a new foundation for Accessibility Rights by: • Abandoning the traditional “medical” definition of disability exclusively focused on a person’s impairment •  Establishing the “social” definition of disability which results from the interaction between persons with impairments and attitudinal and environmental barriers •  Affirming that the full and effective participation of disabled persons in society can only occur if those barriers are removed

5. Accessibility in the Convention on the Rights of Persons with Disabilities Preamble (v): “Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms”.

6. The Pervasive Impact of ICTs on All Aspects of Life • A Massive Increase in ICT usage: • 900 million personal computers • 1.6 + billion Internet users (incl. shared / mobile access) • 1.4 billion telephone land lines • 1.5 billion TV sets and 2.4 billion radios • 4 billion cell phones, over 2 billion text messaging users Major impact of ICT accessibility on education, employment and social and cultural opportunities

7. Principles of the Convention & ICTs • Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; • Non-discrimination; • Full and effective participation and inclusion in society; • Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; • Equality of opportunity; • Accessibility; • Equality between men and women; • Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

8. Accessibility Mandates: ICTs On Par with Physical Environment & Transportation « To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems... » (Article 9)

9. Implications of Article 9 Based on the definition of Article 9, all sector specific accessibility dispositions cover ICT accessibility The terms “Accessibility” and “Accessible” appear respectively 9 and 17 times in the text of the Convention The term “Reasonable Accommodation” is included 7 times with equal impact on ICT applications

10. Main Dispositions with Implications for ICT Accessibility and Assistive Technologies

11. Private Sector Services Accessibility “The state must insure that private entities that offer facilities and services to the public take into account the accessibility of those services” (Art. 9) (Also mentioned in Art. 21)

12. Special Dispositions Promoting Accessible & Assistive Technologies Mandate to promote R&D ICT Products Development and U.D. Reasonable accommodation defined and mandated Obligation for States to set accessibility standards Intellectual property rights Promoting New Media and the Internet for Persons with Disabilities

13. 1 - Promoting R&D for Assistive Technologies State Parties...undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost (Article 4 – g)

14. 2 - ICT Products Development • Early Stage Accessibility Definitions: • “Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost” (Art. 9) • Universal Design: • “To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines” (Art. 4)

15. 3 - Reasonable Accommodation Defined and Mandated “Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms (article 2) General obligation in article 3, referenced in articles on education and employment

16. 4 - Standards « States Parties shall take…appropriate measures to develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public » Article 9-2 (a)

17. 5 - Intellectual Property Rights “States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.” (Article 30 on Cultural life)

18. 6 - Promoting New Media and the Internet for Persons with Disabilities « States Parties shall also take appropriate measures to…promote access for persons with disabilities to new information and communications technologies and systems, including the Internet » Article 9 (g)

19. Legislative and Regulatory Process • Signing of the Convention • Ratification (or “accession” later on) • Parties States must then align their legislation and regulations with the dispositions of the Convention unless already more favorable • A long but irreversible process with worldwide pressure from NGOs representing persons with disabilities

20. Implementation: Areas of Opportunity • Programs Promoting ICT Accessibility: • Public procurement • E-government web sites accessibility • Wireless phones accessibility and assistive functions • Television • Special telecom services for deaf persons • Promoting Assistive Technologies: • Education • Workplace • Rehabilitation • Localization of internationally available tools

21. How to Start? • Multi-stakeholder approach required to establish priorities • Importance of disabled persons organizations involvement • Inter-ministerial approach with government level ICT accessibility “champion” • Self-Assessment desirable with legislators involvement • Most effective path is a mix of regulation, consensus-based programs and incentives • International cooperation

22. The G3ict Initiative is made possible thanks to the generous support of the following organizations: PLATINUM SPONSORS PUBLICATIONS SPONSORS CO-HOSTS Thank You www.g3ict.com axel_leblois@g3ict.org +1 (404) 641 5661