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Accessibility with Reasonable Adaptation |
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Towards Accessible ICT :
Promoting Accessible ICT :
First Kuwait International Conference on the Role of People with
Special Needs in Building the Information Society "Access to Information", Achieving the value proposition of accessibility on the Internet; issues of information policy, structures and technologiesPart 1 of 3:
IntroductionThis paper is concerned with accessibility as both normative and substantive concern in the design and development of information and communication goods and services, with emphasis on the global Internet. Accessibility is a recognized component of the broad human rights framework related to participation of persons with disabilities in development. The "Universal Declaration of Human Rights"[1] provides, in Article 19, that "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." The United Nations General Assembly has identified accessibility as a priority in the design of policies and plans to further equalization of opportunities for persons with disabilities.[2]Guidance on the design of policies, plans and programmes to promote environmental accessibility is provided in Rule 5 (Accessibility) of the United Nations "Standard Rules on the Equalization of Opportunities for Persons with Disabilities".[3]Accessibility is the subject of draft article 9 of the proposed international convention to promote and protect the rights and dignity of persons with disability.[4] Accessibility in the built environment and in the field of information and communications is increasingly the subject of policies, laws or administrative guidance in countries.[5] Accessibility concerns are not, however, evident in strategies adopted by the international community on development in the twenty-first century. The United Nations "Millennium Declaration" (General Assembly resolution 55/2) makes no reference to the situation of persons with disabilities, or environmental accessibility. The "2005 World Summit Outcome" (General Assembly resolution 60/1) discusses persons with disabilities only as subjects who should be "guaranteed full enjoyment of their rights without discrimination." Neither document discusses the role of persons with disabilities as agents and beneficiaries of development and in practical action to eradicate extreme poverty and hunger by 2015. Significantly, the World Bank's World Development Report 2006: Equality and Development states that "equity, defined primarily as equality of opportunities among people, should be an integral part of a successful poverty reduction strategy" and is instrumental to the pursuit of long-term prosperity in society as a whole.[6] The "Geneva Declaration of Principles"[7] and the "Tunis Commitment"[8] of the two-phase World Summit on the Information Society (WSIS) discuss the importance of access – "universal, ubiquitous, equitable and affordable access to ICTs, including universal design and assistive technologies, for all people, especially those with disabilities," which is elaborated in the "Tunis Commitment" – to information and knowledge for development. The "Tunis Agenda" recognizes the "digital divide and the challenge that this poses for many countries" and the need for "adequate and sustainable investments in ICT infrastructure and services, and capacity building and transfer of technology." The "Tunis Agenda" also notes "building ICT capacities for all…, including people with disabilities" represents an important element in efforts to achieve internationally-agreed development goals and objectives, including the Millennium Development Goals. The premise of this paper is that accessibility benefits all. Providing accessibility with reasonable adaptation is not a zero-sum proposition but an essential component of "win-win" strategies for equalization of opportunities in the economic, social and cultural fields, and in civil and political affairs.[9] In the field of information and communication technologies, accessibility considerations separate issues of design and layout from content development: designs should present no barriers to participation by all, and content should be in formats appropriate to the interests, needs, preferences and capacities of end users. The value proposition of accessibility is related to its role as a key instrument in re-engineering organizational processes and structures so they effectively and efficiently respond to a wide range of end-user needs, interests and capacities. It is an axiom that the rapid pace of change in information and communication technologies – in the global Internet in particular – are contributing to ubiquitous access to information, which is having a profound impact in both the economics of development at all levels, and civil and political life. Certain technologies are contributing to the rapid and unprecedented expansion of accessible information goods and services for all, such as the extensive use of XML (Extensible Markup Language)[10] as both publication format and medium for the exchange of Internet-based data, which is resulting in the creation of significant online scalable databases. Other technologies, such as Internet-based "Software as a Service" (SaaS), which has contributed to increased decentralization of both business processes and governmental applications, in such areas as human resources, customer relationship management, project planning, budgeting and management, and governmental service provisions, can present accessibility barriers to end-users: the respective SaaS portal may not be compatible with assistive and augmentative devices or may pose navigation problems for persons with sensory impairment. From the policy perspective, technologies that contribute expanded access to information and communication goods and services may not also result in corresponding increases in accessibility for all. Accessibility with reasonable adaptation should be an integral component in ICT development strategies, policies and plans. This paper is in three parts. The first section examines the value proposition of accessibility with reference to international norms and standards and the normative and substantive bases of environmental accessibility. The second section provides a select review and discussion of changes occurring in the areas of information structures and technologies and their implications for accessible, Internet-based goods and services. The third section will consider "ways ahead' in achieving the accessibility value proposition as a mainstream development concern and not as an activity focused on "marginalized and vulnerable groups." The section draws upon experiences to date in promoting and implementing the "Manila Declaration on Accessible Information and Communications Technologies" and the associated "Manila Accessible ICT Design Recommendations," which are outcomes of the United Nations-supported International seminar and demonstration workshop on accessible ICT and persons with disabilities, held at Manila in March 2003 and hosted by the Government of the Philippines.[11] I. Norms and Standards related to AccessibilityAdvocacy of environmental accessibility as a mainstream development concern requires a brief review of its treatment as an international normative and substantive issue. Environmental accessibility pertains not only to the progressive removal of barriers in the built (physical) environment but in the information and communication technologies field, and to the political and institutional – public and private – realms as well. A. International normative guidance Normative guidance on environmental accessibility as part of a broad human rights framework is provided in the Charter of the United Nations, which in the Preamble expresses the determination of the member States: "to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women, …and to promote social progress and better standards of life in larger freedom."[12] Article 19 of the "Universal Declaration of Human Rights" provides: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."[13] Additional normative guidance is provided by the "International Covenant on Economic, Social and Cultural Rights," whose Article 6 provides that States Parties to the Convention "recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts." Article 13 provides that States Parties "recognize the right of everyone to education… agree that education shall be directed to the full development of the human personality and the sense of its dignity… [and] further agree that education shall enable all persons to participate effectively in a free society." Article 15 provides that States Parties "recognize the right of everyone: (a) [t]o take part in cultural life; (b) [t]o enjoy the benefits of scientific progress and its applications."[14] The "International Covenant on Civil and Political Rights" provides in Article 25 that "Every citizen shall have the right and the opportunity… (a) [t]o take part in the conduct of public affairs, directly or through freely chosen representatives; (b) [t]o vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) [t]o have access, on general terms of equality, to public service in his country."[15] B. International instruments in the field of disability Environmental accessibility is a principal theme of the "World Programme of Action concerning Disabled Persons,"[16] which was unanimously adopted by the United Nations General Assembly in 1982.[17] The World Programme notes that accessibility in the general systems of society, such as the physical and cultural environment, housing and transportation, social and health services, educational and work opportunities, cultural and social life, including sports and recreational facilities is essential to furthering its development objective of equalization of opportunities. The World Programme further notes that achieving its goals of "full participation, and equality" is largely determined by environmental factors, and that a person is "handicapped when he or she is denied the opportunities generally available in the community that are necessary for the fundamental elements of living," which is a concern of public, private and voluntary and non-governmental organizations. Normative and substantive guidance on environmental accessibility is provided in Rule 5 (Accessibility) of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities. While endorsed by the United Nations General Assembly in 1993, Rule 5 effectively anticipated many of the later advances in the field of information and communication technologies: Rule 5. Accessibility "States should recognize the overall importance of accessibility in the process of the equalization of opportunities in all spheres of society. For persons with disabilities of any kind, States should (a) introduce programmes of action to make the physical environment accessible; and (b) undertake measures to provide access to information and communication. (a) Access to the physical environment 1. States should initiate measures to remove the obstacles to participation in the physical environment. Such measures should be to develop standards and guidelines and to consider enacting legislation to ensure accessibility to various areas in society, such as housing, buildings, public transport services and other means of transportation, streets and other outdoor environments. 2. States should ensure that architects, construction engineers and others who are professionally involved in the design and construction of the physical environment have access to adequate information on disability policy and measures to achieve accessibility. 3. Accessibility requirements should be included in the design and construction of the physical environment from the beginning of the designing process. 4. Organizations of persons with disabilities should be consulted when standards and norms for accessibility are being developed. They should also be involved locally from the initial planning stage when public construction projects are being designed, thus ensuring maximum accessibility. (b) Access to information and communication 5. Persons with disabilities and, where appropriate, their families and advocates should have access to full information on diagnosis, rights and available services and programmes, at all stages. Such information should be presented in forms accessible to persons with disabilities. 6. States should develop strategies to make information services and documentation accessible for different groups of persons with disabilities. Braille, tape services, large print and other appropriate technologies should be used to provide access to written information and documentation for persons with visual impairments. Similarly, appropriate technologies should be used or comprehension difficulties. 7. Consideration should be given to the use of sign language in the education of deaf children, in their families and communities. Sign language interpretation services should also be provided to facilitate the communication between deaf persons and others. 8. Consideration should also be given to the needs of people with other communication disabilities. 9. States should encourage the media, especially television, radio and newspapers, to make their services accessible. 10. States should ensure that new computerized information and service systems offered to the general public are either made initially accessible or are adapted to be made accessible to persons with disabilities. 11. Organizations of persons with disabilities should be consulted when measures to make information services accessible are being developed.[18] At its fifty-sixth session, in 2001, President Vicente Fox of Mexico proposed that the General Assembly initiate the elaboration of a "comprehensive and integral convention to promote and protect the rights and dignity of persons with disabilities" based on the "holistic approach." In introducing the proposal, President Fox noted that as societies addressed issues related to creation and distribution of opportunities of global development, it was important that all citizens be involved as stakeholders; the world would not become more just if certain groups were excluded from that process.[19] Pursuant to General Assembly resolution 56/168, an Ad Hoc Committee has been considering proposals for the draft convention, which addresses accessibility in the current draft of its Preamble and as a specific article. (Draft) Preamble "The States Parties to the present Convention, … "(t) 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."[20] (Draft) Article 9 Accessibility 1. 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, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia: (a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; (b) Information, communications and other services, including electronic services and emergency services. 2. States Parties shall also take appropriate measures to: (a) Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public; (b) Ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities; (c) Provide training for stakeholders on accessibility issues facing persons with disabilities; (d) Provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms; (e) Provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public; (f) Promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information; (g) Promote access for persons with disabilities to new information and communication technologies and systems, including the Internet; (h) 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.[21] At the time that the text of the draft article on accessibility was being formulated and negotiated, a question was raised about whether the text should make reference to any particular accessibility standard, such as the "Web Content Accessibility Guidelines" of the Web Accessibility Initiative of the World Wide Web Consortium.[22] The view was expressed at the time – 2002 and again in 2003 – that there were no universally-recognized standards, which remains the case to this date, but there were internationally-agreed upon accessibility guidelines presented in the "Standard Rules". The point was accepted, and text drafting focused on normative considerations rather than elaboration of elements of an "accessibility action plan". Separating normative concerns – priority issues and desired outcome(s) - from means and end considerations of action planning is an important consideration in policy design, negotiation and advocacy. C. International development instruments Relatively little normative guidance on environmental accessibility and advancement of persons with disabilities in the context of development is provided by mainstream development strategies recently adopted by the international community. For instance, the United Nations "Millennium Declaration,"[23] which is the outcome of the United Nations Millennium Assembly (New York, 6-8 September 2000), has eight development goals and 18 time-bound targets to improve standards of living and well being for all in the twenty-first century, with priority accorded to reducing extreme poverty and hunger by 2015. However, the document contains no reference to the situation of the world's estimated 650 million persons with disabilities. Consequently, interested Governments have not been able to cite the document when negotiating donor agreements to further implement the development goals of the Millennium Declaration from the disability perspective. The outcome of the 2005 Summit (New York, 14-16 September 2005) did address the situation of persons with disabilities, albeit with reference to the need to guarantee "their full enjoyment of their rights without discrimination".[24] International instruments on the role of information and communication technologies and development also offer limited guidance on promoting ICT accessibility as a mainstream development issue. For instance, in July 2000 the United Nations Economic and Social Council devoted the High-level segment of its substantive session to the role of information technology in the development of a "knowledge-based global economy." The "Ministerial Declaration" adopted by the High-level segment recognized the contribution of information and communication technologies (ICT) to "accelerating growth… promoting sustainable development and eradicating poverty;" urged that "urgent and concerted actions at… bridging the digital divide and building digital opportunities and putting ICT firmly in the service of development for all;" and recognized "the need to address the major impediments to the participation of the majority of the people in the developing countries in the revolution of ICT, such as lack of infrastructure, education, capacity-building, investment and connectivity."[25]However, the "Ministerial Declaration" addresses neither the role of accessible ICT in promoting digital opportunities for all nor the contributions that persons with special abilities can make in the design and development of information and communication goods and services in support of national development for all. D. World Summit on the Information Society: Geneva and Tunis outcomes The decision to organize a "World Summit on the Information Society" was initially taken at the 1998 Plenipotentiary Conference of the International Telecommunications Union, a specialized agency of the United Nations, with a view to seeking "appropriate ways to provide for development of the telecommunication sector geared to economic, social and cultural development;" and to examining interrelationships in "issues of telecommunication development and those of economic, social and cultural development, as well as the impact of such interpenetration on social structures in all Member States." The Secretary-General of ITU was requested to bring the question of holding a world summit on the information society before the United Nations Administrative Committee on Coordination, with a view to meeting the necessary conditions for holding such a summit."[26] By resolution 56/183 of 21 December 2001 the United Nations General Assembly welcomed the proposal of the ITU Council to hold the World Summit of the Information in two phases, in Geneva, from 10-12 December 2003, and at Tunis, from 16-18 November 2005. The purpose of the Geneva phase of the WSIS was to formulate and promote a statement of political will and take concrete steps to establish the foundations for an "Information Society for all" while the Tunis phase would focus on measures to further implement the "Geneva Plan of Action" and "find solutions and reach agreements in the fields of Internet governance, financing mechanisms, and follow-up and implementation of the Geneva and Tunis [outcome] documents." The "Geneva Declaration of Principles" (2003) notes the challenge of "harness[ing] the potential of information and communication technology to promote the development goals of the Millennium Declaration, and states that "particular attention shall be directed in building the Information Society "to the special needs of marginalized and vulnerable groups of society;"… "and the special needs of older persons and persons with disabilities."[27] The "Geneva Declaration of Principles" identifies access to information and knowledge, capacity building, and enabling environment among the key principles in building an "Information Society for all." However, the "Declaration of Principles" does not address the role of accessibility in achieving an "Information Society for all." The "Geneva Plan of Action"[28] has four objectives: building an inclusive Information Society; putting the potential of knowledge and ICTs at the service of development; promoting use of information and knowledge to achieve internationally agreed development goals, including the development goals of the Millennium Declaration; and addressing new challenges of the Information Society, at national, regional and international levels. While the action lines of the Plan address the role of governments, ICT infrastructure, access to information and knowledge, capacity building, and gender aspects of building an inclusive Information Society, there is little guidance on measures to ensure that expanded access to mainstream information and communication goods and services in building the Information Society is accompanied by improved accessibility for all. The Plan limits its recommendations to "Information and communication infrastructure": "e. In the context of national e-strategies, address the special requirements of older people, persons with disabilities, children, especially marginalized children and other disadvantaged and vulnerable groups, including by appropriate educational administrative and legislative measures to ensure their full inclusion in the Information Society. "f. Encourage the design and production of ICT equipment and services so that everyone, has easy and affordable access to them including older people, persons with disabilities, children, especially marginalized children, and other disadvantaged and vulnerable groups, and promote the development of technologies, applications, and content suited to their needs, guided by the Universal Design Principle and further enhanced by the use of assistive technologies."[29] However, the Plan provides no guidance on recommended actors, possible role of incentives and financial and technical cooperation to address "the special requirements" of persons with disabilities, particularly as these would enable them to participate as agents and beneficiaries of furthering internationally agreed development goals, including the development goals of the Millennium Declaration. The "Tunis Commitment" (2005) reaffirmed the "desire and commitment to build a people-centred, inclusive and development-oriented Information Society;" the "universality, indivisibility, interdependence and interrelation of all human rights and fundamental freedoms;" and the "commitments made in Geneva and [to] build on them in Tunis by focusing on financial mechanisms for bridging the digital divide, on Internet governance and related issues, as well as on follow-up and implementation of the Geneva and Tunis [Action Plans]."[30]While the "Tunis Commitment" refers to "the special needs of marginalized and vulnerable groups of society including migrants, internally displaced persons and refugees, unemployed and underprivileged people, minorities and nomadic people, older persons and persons with disabilities" there is no guidance on measures to ensure that an inclusive and development-oriented Information Societies will provide accessibility with reasonable adaptation for all. The "Tunis Agenda for the Information Society" directs special attention to financial mechanisms, including technology transfers, and to Internet governance. Under its discussion of financial mechanisms, the "Tunis Agenda" notes: "15. We take note that the challenges for expanding the scope of useful accessible information content in the developing world are numerous; in particular, the issue of financing for various forms of content and applications requires new attention, as this area has often been overlooked by the focus on ICT infrastructure."[31] However, the "Tunis Agenda" does not include support for action to promote accessible information goods and services for all among its recommended priorities for financial and technical support, in which the decided focus is on telecommunications infrastructure as well as ICT capacity building.[32] The discussion on "Internet Governance" in the "Tunis Agenda" reflects a compromise on a number of complex and difficult technical, institutional and political issues related to the management and further development of the Internet, which is a global network of public and private sub-networks based on open standards and the non-proprietary Transmission Control Protocol/Internet Protocol (TCP/IP). The "Tunis Agenda" states as a general principle that international management of the Internet should, among other issues, ensure an equitable distribution of resources, facilitate access for all and ensure its stable and secure functioning. It provides a "working definition" of Internet Governance as "the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet."[33] The "Tunis Agenda" does not, however, provide guidance on how accessibility will be promoted in its proposed governance framework nor how that framework would establish rules, procedures, enforcement mechanisms, evaluation procedures and dispute resolution that involve transnational entities – public or private.[34] The discussion on Internet Governance includes a number of recommended actions "to increase affordable global connectivity, thereby facilitating improved and equitable access for all," which pertain mainly to telecommunications infrastructure issues[35] but which do not include recommendations to ensure that increased and affordable access to digital connections are accompanied by improved ICT accessibility for all. In the light of the number of outstanding issues related to governance of the Internet, the "Tunis Agenda" recommends that the Secretary-General of the United Nations convene "by the second quarter of 2006" a "multi-stakeholder policy dialogue forum, an "Internet Governance Forum (IGF),"[36] which could:
Paragraph 77 of the "Tunis Agenda" states: "The IGF would have no oversight function and would not replace existing arrangements, mechanisms, institutions or organizations, but would involve them and take advantage of their expertise. It would be constituted as a neutral, non-duplicative and non-binding process. It would have no involvement in day- to-day or technical operations of the Internet." Paragraph 79 notes: "Diverse matters relating to Internet governance would continue to be addressed in other relevant fora." E. Internet governance in practice The discussion on Internet Governance in the "Tunis Agenda" provides only a generalized reference to the number of Internet governance functions that are already performed by competent intergovernmental bodies and organizations, by private, nonprofit organizations and by professional bodies and organizations, which include:[37]
F. WSIS follow up Follow-up actions elaborated in the "Tunis Agenda" reflect the commitment made at the first phase of WSIS, in Geneva 2003, to provide equitable access to information and knowledge for all, recognizing the role of ICTs for economic growth and development and as a tool to achieve internationally agreed development goals and objectives, including the Millennium Development Goals. The "Tunis Agenda" acknowledges that "multi-stakeholder participation is essential to the successful building of a people-centred, inclusive and development-oriented Information Society and that governments could play an important role in this process." Follow up action reflects the strong commitment "to bridge the digital divide" and includes the recommendation to develop an appropriate set of ICT indicators:
While recommended follow up provides guidance on achieving universal access to ICTs for purposes of national development, there is but one measure cited to ensure that expanded ICT access includes enhanced ICT accessibility for all: 90 (e). "paying special attention to the formulation of universal design conceptsand the use of assistive technologies that promote access for all persons, including those with disabilities." The "Tunis Agenda" contains no references in its recommended follow up to policy options, laws or administrative guidance by which Governments could promote progressive removal of barriers and further early adoption of accessible information goods and services in the context of national development, to measures to promote development of appropriate accessibility technologies for all, or to incentives to encourage ICT accessibility with reasonable adaptation by the private sector. G. Manila Declaration on Accessible Information and Communication Technologies International development instruments of the twenty-first century reflect a general tendency to address advancement of persons with disability as an issue related to promoting and protecting the rights and well being of members of a "disadvantaged group" rather actions required for progressive removal of barriers to their full and effective participation as development agents and beneficiaries on the basis of equality. There also is a tendency to focus on measures to increase "access" as a recommended public investment priority but not to include recommended means to ensure that expanded access of social and economic infrastructure is accompanied by accessibility with reasonable adaptation for all. A number of these issues were considered at a United Nations-supported International seminar and demonstration workshop on accessible information and communication technologies and persons with disabilities, which was hosted by the Government of the Philippines at Manila (3-7 March 2003). The seminar and workshop brought together senior governmental officials, academics, development professionals and members of civil society and organizations of persons with disabilities to review and discuss the role of accessible information and communication technologies in the context of national development. Meeting participants adopted the "Manila Declaration on Accessible Information and Communications Technologies (ICT)"[53] that focused on the normative, catalytic and instrumental roles of accessible information technologies. The "Manila Declaration" recognizes accessible ICT "as an essential component of broad rights-based approaches to development" and that accessible ICT "empowers and enables persons with disabilities to full and equal participation in social, economic and cultural life and in their exercise of civil and political rights." The "Manila Declaration" directs special attention to the catalytic role of accessible ICT in national development: "Accessible ICT with reasonable accommodation recognizes the flexibility of technologies to provide appropriate functionality necessary for meeting user needs and preferences. Addressing ICT accessibility with reasonable accommodation empowers and serves as a catalyst and instrument for re-engineering governmental, as well as non-governmental and enterprise processes (paragraph 4)." The "Manila Declaration" also addresses the value proposition of accessibility and formulated technical guidance on bottom-up approaches to achieving the value proposition of accessibility in practice in the "Manila Design Recommendations": "Operationally, accessible ICT with reasonable accommodation provides the flexibility to accommodate the needs and preferences of the widest range of users. The value proposition of accessible ICT with reasonable accommodation is equality through inclusive solutions based on full and effective participation. Accessible ICT with reasonable accommodation builds upon Universal Design concepts and principles and are summarized in the… "Manila Accessible ICT (information and communications technologies) Design Recommendations." The "Manila Accessible Information and Communications Technologies (ICT) Design Recommendations" are based on Universal Design concepts and principles.[54]Universal Design-based solutions meet the needs of diverse user groups through inclusive solutions and open and democratic participation. The business case for Universal Design is that universal design concepts and principles benefit everyone; the benefits of Universal Design solutions extend beyond the community of people with disabilities. The "Manila Design Recommendations" note that ICT designs based on universal concepts and principles provide for flexibility to accommodate those who operate in low bandwidth settings, use cell phones to synthesize text, and access the Internet by means of alternative and augmentative devices. The "Manila Design Recommendations" are based on the premise that accessibility by reasonable accommodation is easily achieved through the application of "first principles" of accessibility, tow of which are deemed essential: 1. Every visual element should be implemented with a textual element that describes it. Alternative text <alt> allows for description of graphical images. 2. Structure and layout of the document should be dealt with separately. Structure is defined by HTML (Hypertext Markup Language) elements and attributes; and layout is defined by style sheets. Separation of layout from content aids text browsers to extract easily the logical structure of the document. The "Manila Design Recommendations" aim to address barriers in the design and development of Web-based information goods and services with the identification of a select set of "electronic curb cuts"[55] to provide flexibility in accommodating user needs and preferences: 1. Provide an Access Instruction page for visitors (explaining the accessibility features of the Web site and providing an e-mail hyperlink for visitors to communicate problems with Web page accessibility); 2. Provide support for text browsers and descriptive hyperlinks (links such as "this" and "click here" do not alone convey the nature of the target link); 3. Attach ALT<alt> (alternative) text to graphic images so that assistive computer technology such as screen readers can reach the content; 4. For each photograph contributing meaningful content to the page, provide a "D" hyperlink to a page providing descriptive text of the image; 5. Provide text transcriptions or descriptions for all audio and video clips; 6. Provide alternative mechanisms for online forms since forms are not supported by all browsers (such as e-mail or voice/TTY phone numbers); 7. Avoid access barriers, such as the posting of documents in Adobe® PDF (Portable Document Format), non-linear format, Frame format or requiring visitors to download software to access the content. If posting in Adobe® PDF, accessible HTML (Hypertext Markup Language) or ASCII text must also be posted by the Web master converting the document.[56] The "Manila Accessible ICT Design Recommendations" represent the attempt of meeting participants to define a minimum threshold in accessibility with reasonable accommodation as a first step in promoting environmental accessibility for all in the context of national development. As such, the "Manila Design Recommendations" are constantly "under construction"; this will be discussed in the final section of the paper. Notes to the text [1] General Assembly resolution 217 A (III) of 10 December 1948. [2] General Assembly resolution 58/132 of 22 December 2003. [3] General Assembly resolution 48/96 of 20 December 1993, annex. [4] Pursuant to General Assembly resolution 56/168 of 19 December 2001; "Working text", Annex II of Report of the Seventh Session of the Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities (New York, 16 January - 3 February 2006), available at http://www.un.org/esa/socdev/enable/rights/ahc7ann2rep.htm. [5] See for example, Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C), "Policies Relating to Web Accessibility", available at http://www.w3.org/WAI/Policy/. [6] WDR 2006 (New York, Oxford University Press for the World Bank, 2005). [7] Document WSIS-03/GENEVA/DOC/4-E (12 December 2003), available at http://www.itu.int/wsis/documents/index1.html. [8] Document WSIS-05/TUNIS/DOC/7-E (18 November 2005), available at http://www.itu.int/wsis/documents/index2.html. [9] See for instance, Robert Wright. Nonzero: The logic of human destiny (New York, Vintage, 2001). [10] W3C Architecture Domain, http://www.w3.org/XML/. [11] Report of the "Interregional Seminar and Regional Demonstration Workshop on Accessible ICT and Persons with Disabilities (Manila, 3-7 March 2003)," available at http://www.worldenable.net/manila2003/Default.htm. [12] Charter of the United Nations (San Francisco, 26 June 1945), available at http://www.un.org/aboutun/charter/index.html. [13] General Assembly resolution 217A (III), op. cit., available at http://www.unhchr.ch/udhr/lang/eng.htm. [14] General Assembly resolution 2200 A (XXI) of 16 December 1966, available at http://www.unhchr.ch/html/menu3/b/a_cescr.htm. [15] Ibid. available at http://www.unhchr.ch/html/menu3/b/a_ccpr.htm. [16] Document A/37/351/Add.1 andAdd.1/Corr.1, annex, available at http://www.un.org/esa/socdev/enable/diswpa00.htm. [17] General Assembly resolution 37/52 of 3 December 1982. [18] General Assembly resolution 48/96, annex, op. cit., chap. II. "Target Areas for Equal Participation," available at http://www.un.org/esa/socdev/enable/dissre04.htm. [19] Palabras del Presidente Vicente Fox durante el Debate General de la 56a Asamblea General de las Naciones Unidas (10 de noviembre de 2001), available at http://www.un.org/webcast/ga/56/statements/011110mexicoS.htm. [20] Report of the Seventh Session of the Ad Hoc Committee…, op. cit., available at http://www.un.org/esa/socdev/enable/rights/ahc7ann2rep.htm. [21] Ibid. [22] WAI resource page, available at http://www.w3.org/WAI/. [23] General Assembly resolution 55/2, op. cit, available at http://www.un.org/millennium/. [24] General Assembly resolution 60/1 of 16 September 2005, paragraph 129, available at http://www.un.org/summit2005/documents.html. Resolution 60/1 is published in Adobe® Portable Document Format (PDF). [25] Draft ministerial declaration of the high-level segment submitted by the President of the Economic and Social Council on the basis of informal consultations, "Development and international cooperation in the twenty-first century: the role of information technology in the context of a knowledge-based global economy (E/2000/L.9)," available, in Adobe® Portable Document Format (PDF), at http://www.un.org/documents/ecosoc/docs/2000/e2000-l9.pdf. [26] International Telecommunications Union, Resolution 73 (Minneapolis, 1998), "World summit on the information society," available at http://www.itu.int/council/wsis/R73.html. [27] "Geneva Declaration of Principles; Building the Information Society: a global challenge in the new Millennium" (WSIS-03/GENEVA/DOC/4-E), available at http://www.itu.int/wsis/docs/geneva/official/dop.html. [28] Document WSIS-03/GENEVA/DOC/5-E (Geneva, 12 December 2003), available at http://www.itu.int/wsis/docs/geneva/official/poa.html. [29] Ibid. [30] Document WSIS-05/TUNIS/DOC/7-E (Tunis, 18 November 2005), available at http://www.itu.int/wsis/docs2/tunis/off/7.html. [31] Ibid. [32] Ibid. paragraph 23 identifies "a number of areas in need of greater financial resources and where current approaches to ICT for development financing have devoted insufficient attention to date. These include: a. ICT capacity-building programmes, materials, tools, educational funding and specialized training initiatives, especially for regulators and other public-sector employees and organizations. b. Communications access and connectivity for ICT services and applications in remote rural areas, Small Island Developing States, Landlocked Developing Countries and other locations presenting unique technological and market challenges. c. Regional backbone infrastructure, regional networks, Network Access Points and related regional projects, to link networks across borders and in economically disadvantaged regions which may require coordinated policies including legal, regulatory and financial frameworks, and seed financing, and would benefit from sharing experiences and best practices. d. Broadband capacity to facilitate the delivery of a broader range of services and applications, promote investment and provide Internet access at affordable prices to both existing and new users. e. Coordinated assistance, as appropriate, for countries referred to in paragraph 16 of the Geneva Declaration of Principles, particularly Least Developed Countries and Small Island Developing States, in order to improve effectiveness and to lower transaction costs associated with the delivery of international donor support. f. ICT applications and content aimed at the integration of ICTs into the implementation of poverty eradication strategies and in sector programmes, particularly in health, education, agriculture and the environment. "In addition, there is a need to consider the following other issues, which are relevant to ICT for development and which have not received adequate attention: g. Sustainability of Information Society related projects, for example the maintenance of ICT infrastructure. h. Special needs of Small, Medium and Micro Enterprises (SMMEs), such as funding requirements. i. Local development and manufacturing of ICT applications and technologies by developing countries. j. Activities on ICT-related institutional reform and enhanced capacity on legal and regulatory framework. k. Improving organizational structures and business-process change aimed at optimizing the impact and effectiveness of ICT projects and other projects with significant ICT components; l. Local government and initiatives based in local communities that deliver ICT services to communities in areas such as education, health and livelihood support." [33] Ibid. paragraph 34. [34] The "Tunis Agenda" "recognizes" in its paragraph 58 that "Internet governance includes more than Internet naming and addressing. It also includes other significant public policy issues such as, inter alia, critical Internet resources, the security and safety of the Internet, and developmental aspects and issues pertaining to the use of the Internet." Paragraph 59 adds "Internet governance includes social, economic and technical issues including affordability, reliability and quality of service." [35] Ibid. paragraph 50: "We therefore call for the development of strategies for increasing affordable global connectivity, thereby facilitating improved and equitable access for all, by: a. Promoting Internet transit and interconnection costs that are commercially negotiated in a competitive environment and that should be oriented towards objective, transparent and non-discriminatory parameters, taking into account ongoing work on this subject. b. Setting up regional high-speed Internet backbone networks and the creation of national, sub-regional and regional Internet Exchange Points (IXPs). c. Recommending donor programmes and developmental financing mechanisms to consider the need to provide funding for initiatives that advance connectivity, IXPs and local content for developing countries. d. Encouraging ITU to continue the study of the question of International Internet Connectivity (IIC) as a matter of urgency, and to periodically provide output for consideration and possible implementation. We also encourage other relevant institutions to address this issue. e. Promoting the development and growth of low-cost terminal equipment, such as individual and collective user devices, especially for use in developing countries. f. Encouraging Internet Service Providers (ISPs) and other parties in the commercial negotiations to adopt practices towards attainment of fair and balanced interconnectivity costs. g. Encouraging relevant parties to commercially negotiate reduced interconnection costs for Least Developed Countries (LDCs), taking into account the special constraints of LDCs." [36] Ibid. paragraphs 72: "The mandate of the [Internet Governance] Forum is to: a. Discuss public policy issues related to key elements of Internet governance in order to foster the sustainability, robustness, security, stability and development of the Internet. b. Facilitate discourse between bodies dealing with different cross-cutting international public policies regarding the Internet and discuss issues that do not fall within the scope of any existing body. c. Interface with appropriate intergovernmental organizations and other institutions on matters under their purview. d. Facilitate the exchange of information and best practices, and in this regard make full use of the expertise of the academic, scientific and technical communities. e. Advise all stakeholders in proposing ways and means to accelerate the availability and affordability of the Internet in the developing world. f. Strengthen and enhance the engagement of stakeholders in existing and/or future Internet governance mechanisms, particularly those from developing countries. g. Identify emerging issues, bring them to the attention of the relevant bodies and the general public, and, where appropriate, make recommendations. h. Contribute to capacity building for Internet governance in developing countries, drawing fully on local sources of knowledge and expertise. i. Promote and assess, on an ongoing basis, the embodiment of WSIS principles in Internet governance processes. j. Discuss, inter alia, issues relating to critical Internet resources. k. Help to find solutions to the issues arising from the use and misuse of the Internet, of particular concern to everyday users. l. Publish its proceedings." The Internet Governance Forum recommendation was endorsed in General Assembly resolution 60/252 of 23 March 2006, which in operative paragraph 9, "Invites the Secretary-General, in an open and inclusive process, to convene a new forum for multi-stakeholder policy dialogue called the Internet Governance Forum, in accordance with the decisions made at the Tunis phase of the Summit." [37] Milton Mueller, John Mathiason and Lee W. McKnight, "Making Sense of 'Internet Governance': defining principles and norms in a policy context," in Donald MacLean (Ed.). Internet Governance: A grand collaboration. United Nations ICT Task Forces Series 5 (United Nations, 2004) pp. 102-103, available, in Adobe® Portable Document Format (PDF), at http://www.unicttaskforce.org/perl/documents.pl?id=1392. [38] There are 13 root servers that support the global Internet, http://www.root-servers.org/. [39] GAC Representatives, available at http://gac.icann.org/web/contact/reps/index.shtml. [40] http://www.isoc.org/index.shtml. [41] http://www.ietf.org/home.html. [42] http://www.rfc-editor.org/. [43] Africa Internet Community: AfriNIC http://www.afrinic.net/. [44] Asia Pacific Network Information Centre: APNIC http://www.apnic.net/. [45] Americas Registry for Internet Numbers: ARIN http://www.arin.net/about_us/index.html. [46] Latin America and the Caribbean Addresses Registry: LACNIC http://www.lacnic.net/en/. [47] Réseaux IP Européens Network Coordination Centre: RIPE NNC http://www.ripe.net/index.html. [48] NRO was established by the RIRs to protect the unallocated Number Resource pool, to promote and protect the bottom-up policy development process, and to act as a focal point for Internet community input into the RIR system http://www.nro.net. [52] "Tunis Agenda," op. cit. paragraph 114. [53]http://www.worldenable.net/manila2003/declaration.htm. [54] Universal Design Principles: 1: Principle One: Equitable Use The design is useful and marketable to people with diverse abilities GUIDELINES Provide the same means of use for all users: identical whenever possible; equivalent when not. Avoid segregating or stigmatizing any users. Provisions for privacy, security, and safety should be equally available to all users. Make the design appealing to all users. 2: Principle Two: Flexibility in Use The design accommodates a wide range of individual preferences and abilities. GUIDELINES Provide choice in methods of use. Accommodate right- or left-handed access and use. Facilitate the user's accuracy and precision. Provide adaptability to the user's pace. 3: Principle Three: simple and intuitive Use of the design is easy to understand, regardless of the user's experience, knowledge, language skills, or current concentration level. GUIDELINES Eliminate unnecessary complexity. Be consistent with user expectations and intuition. Accommodate a wide range of literacy and language skills. Arrange information consistent with its importance. Provide effective prompting and feedback during and after task completion. 4: Principle Four: Perceptible Information The design communicates necessary information effectively to the user, regardless of ambient conditions or the user's sensory abilities. GUIDELINES Use different modes (pictorial, verbal, tactile) for redundant presentation of essential information. Provide adequate contrast between essential information and its surroundings. Maximize "legibility" of essential information. Differentiate elements in ways that can be described (i.e., make it easy to give instructions or directions). Provide compatibility with a variety of techniques or devices used by people with sensory limitations. 5: Principle Five: Tolerance for Error The design minimizes hazards and the adverse consequences of accidental or unintended actions. GUIDELINES Arrange elements to minimize hazards and errors: most used elements, most accessible; hazardous elements eliminated, isolated, or shielded. Provide warnings of hazards and errors. Provide fail safe features. Discourage unconscious action in tasks that require vigilance. 6: Principle Six: Low Physical Effort The design can be used efficiently and comfortably and with a minimum of fatigue. GUIDELINES Allow user to maintain a neutral body position. Use reasonable operating forces. Minimize repetitive actions. Minimize sustained physical effort 7: Principle Seven: Size and Space for Approach and Use Appropriate size and space is provided for approach, reach, manipulation, and use regardless of user's body size, posture, or mobility. GUIDELINES Provide a clear line of sight to important elements for any seated or standing user. Make reach to all components comfortable for any seated or standing user. Accommodate variations in hand and grip size. Provide adequate space for the use of assistive devices or personal assistance. Source: Center for Universal Design of the College of Design, North Carolina State University, available at http://www.design.ncsu.edu/cud/newweb/about_ud/udprinciples.htm. [55] Cynthia D. Waddell, JD. "The Growing Digital Divide in Access for People with Disabilities: overcoming barriers to participation" (1999), p. 2, available at http://www.icdri.org/CynthiaW/the_digital_divide.htm. [56] Cynthia D. Waddell, "Overview of Law and Guidelines," Chap. 2 in Jim Thatcher et al., Constructing Accessible Web Sites, (Birmingham (UK) Glasshaus, 2002). |
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