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Towards Accessible ICT :
Promoting Accessible ICT :
Expert Group Meeting on Information and Communications Technologies (ICT)
for Persons with Disabilities
Beirut, 25-26 May 2004
Promoting Accessible Information and Communications Technologies with
Reasonable Adaptation:
learning from the Manila "Declaration" and "Design
Recommendations" on Accessible ICT*
Part 2 of 7:
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II. ICT ACCESSIBILITY: ISSUES
AND TRENDS
The rapid pace of change in the field of information and communications
technologies is especially evident in developments with the global Internet and
in personal communication devices. In less than a decade, the Internet has
been transformed from a tool primarily for the exchange of research studies to a
world-wide network based on open standards that supports a wide range of
information goods and services, which have expand geometrically.[8]
The twenty-first century has also witnessed growing commercialization of
Internet protocol-based audio and video technologies and the emergence of
specialized sub-networks for file sharing - legal or otherwise - whose
proprietary characteristics place limits on global connectivity and
accessibility.[9]
A. The Internet
The Internet is a set of international communications networks based on open
standards that define low-level communications protocols, distribution
protocols, document content standards and image formats.[10]
In spite of its global reach and impact, there currently is no one body or
institution that "governs" the Internet.[11]
Many trans-border Internet issues remain the province of non-profit professional
bodies that formulate, submit for comments and recommend technical standards,
for instance the "Internet architecture" activities of the Internet Engineering
Task Force <http://www.ietf.cnri.reston.va.us/home.html>.
Another non-profit organization, the World Wide Web Consortium <http://w3c.org>
and its Web Content Accessibility Group have published suggested standards for
accessible Web design.[12]
Recent developments in ICT technologies, infrastructure and regulations are
contributing to expanded data flows and information services to more people,
which contribute not only to increased access but reduced complexity and cost.
New ICT technologies often are characterized as disruptive to the status quo
due to changes that may result in business (and governmental) structures and
processes; new information goods and services oblige organizations to
re-examine the ways in which they organize, carry out, monitor and evaluate
their work processes and perform services. To promote greater coherence
and connectivity among new information and communications technologies,
Internet-enabled technologies in particularizes, a number of interested parties,
including private sector organizations, have initiated joint efforts to
establish and support technical consultative bodies to address the new
technologies and formulate recommended standards, in such areas as Web Services,
structured information resources and interoperability.[13]
Internet governance was considered in connection with policy options related
to development of a knowledge-based global economy by the High-level substantive
segment of the year 2000 United Nations Economic and Social Council, whose
"Ministerial Declaration" states:
"We are deeply concerned that, at present, ITC's huge potential of advancing
development has not been fully captured ... urgent and concerted actions at the national,
regional, and international levels are imperative for bridging the digital divide and building
digital opportunities and putting ICT firmly in the service of development for
all. In this regard we call upon all the members of the international community
to work co-operatively to bridge the digital divide and to foster 'digital
opportunity'."[14]
Deliberations at the First phase of WSIS directed special attention to the
role of international policy in field of ICT, and its "Declarations of
Principles" includes the request that the Secretary-General of the United
Nations submit a report on the question to the General Assembly by 2005.[15]
Intergovernmental oversight of the Internet is not a new concern or activity.
In connection with its "Digital Agenda"[16]
the World International Property Organization (WIPO) has published a number of
technical reports on the Internet Domain Name process.[17]
The non-profit Internet Corporation for Assigned Names and Numbers <http://www.icann.org>
is responsible for Internet Protocol (IP) address space allocation, domain name
system management and root server management.[18]
B. Basic terms
Discussions on accessible ICT, Internet accessibility in particular, need to
address three key issues:
(1) Access. The term
"access" is used in the World Programme of Action concerning Disabled Persons to
refer to the availability of goods or services,[19]
such as rehabilitation services.
Access to ICT and development is considered in the "Ministerial
Declaration"of the High-level Segment of the substantive session of the year
2000 Economic and Social Council on "development and international co-operation
in the twenty-first century: the role of information technology in the context
of a knowledge-based global economy:"
"Access to information and knowledge-sharing is largely
determined by education, capabilities, including resources, transparent
societies, capacity to generate and utilize knowledge, connectivity and the
availability of diverse content and applications and the policy and
legal/regulatory framework." [20]
The "Declaration of Principles" adopted at the First phase of WSIS state:
"...that education, knowledge, information and communication are at the core of
human progress, endeavour and well-being;
"...that the benefits of the information technology revolution
are today unevenly distributed between the developed and developing countries
and within societies."[21]
(2)
Accessibility. The World Programme of Action discusses
accessibility with reference to equalization of opportunities, which it defines
as "the process through which the general systems of society are made accessible
to all."[22]
The United Nations Standard Rules on the Equalization of Opportunities for
Persons with Disabilities consider accessibility in both the physical and the
information and communication technology environments.[23] Rule
5 -- Accessibility -- remains the principal source of international normative
guidance. In the context of Rule 5 environmental considerations include
policy, legal and administrative frameworks related to accessibility, relative
levels of development, institutional arrangements and national capacities to
plan and manage accessibility with reasonable adaptation.
Environmental accessibility is discussed in several reports of the
Secretary-General on progress in implementing the World Programme of Action and
the Standard Rules. These presentations define accessibility with
reference to designs and procedures that "accommodate the needs, preferences and
special abilities of each user."[24]
United Nations General Assembly resolution 52/82 identified "accessibility"
as the first priority in policies and programmes to further equalization of
opportunities and which promotes a society for all.[25]
Accessibility has emerged as an important consideration in the process of
elaborating an international convention to promote and protect the rights and
dignity of persons with disabilities. At a technical level, the "Bangkok
Draft: Proposed Elements of a Comprehensive and Integral International
Convention to Promote and Protect the Rights of Persons with Disabilities"
defines "accessibility":
"...the
measure or condition of things and services that can readily be reached or used
by people including those with disabilities, which could be achieved, through inclusive
and universal design or adaptation and by legal and programmatic means, in order to promote their access
to the physical environment, public transportation and information and communication, including
information, communication and assistive technologies, and to societal structures and
decision- and policy- making processes".[26]
The Working Group established by the Ad Hoc Committee to prepare a draft text
of an international convention, which met at United Nations New York from 5-16
January 2004, formulated an article on accessibility:
"Draft Article 19 - ACCESSIBILITY
"1. States Parties to this Convention shall take appropriate
[66] measures to
identify and eliminate obstacles, and to ensure accessibility for persons with disabilities
to the built [67] environment, to transportation, to information and communications, including
information and communications technologies, and to other services, [68] in order to ensure the
capacity of persons with disabilities to live independently and to participate fully in all aspects
of life. The focus of these measures shall include, inter alia:
- the construction and renovation of public [69] buildings, roads and other
facilities for public use, including schools, housing, medical
facilities, in-door and out-door facilities and publicly owned workplaces;
- the development and remodelling of public transportation facilities,
communications and other services,
including electronic services.
"2. States Parties shall also take appropriate measures to:
- provide in public buildings and facilities signage in Braille and easy to read
and understand forms;
- provide other forms of live assistance [70] and intermediaries, [71] including
guides, readers and sign language interpreters, to facilitate accessibility to public buildings
and facilities;
- develop, promulgate and monitor implementation of minimum national standards and guidelines for the accessibility of public facilities and services;
- encourage private entities that provide public facilities and services to take
into account all aspects of accessibility for persons with disabilities;
- undertake and promote research, development and production of new assistive
technologies, giving priority to affordably priced technologies;
- promote universal design and international cooperation in the development of
standards, guidelines and assistive technologies;
- ensure organisations of persons with disabilities are consulted when standards
and guidelines for accessibility are being developed;
- provide training for all stakeholders on accessibility issues facing persons
with disabilities.
"Footnotes:
"[66]:
Some members of the Working Group preferred the word "progressive" in this
paragraph and in the chapeau of paragraph 2.
Other members were concerned with consistency with other articles of the
Convention. The Ad Hoc Committee may wish to consider alternative formulations.
"[67]: The
Ad Hoc Committee may wish to consider whether the term "physical" should be used instead of
"built", which is its near synonym in this context.
"[68]: The
Ad Hoc Committee may wish to consider further the issue of attempting to list comprehensively the facilities and services covered in the chapeau to this
paragraph, including whether a reference to the "communications environment" is desirable.
"[69]: The
Ad Hoc Committee may wish to consider the scope of the provisions in this draft
article, in particular paragraphs 1(a) and (b), and 2(a), (b), (c) and (d). The Working
Group questioned whether the concept of public buildings, facilities and services should also
extend to privately owned or developed buildings, facilities and services intended for public use,
and what level of obligation States Parties should place on private owners or developers to ensure
access to persons with disabilities. Some members of the Working Group were of the view that
privately owned or developed buildings, facilities and services should be covered by the
obligations in this draft Article, but other members wished to consider the implications of this further.
"[70]:
'Live assistance' includes human assistance, such as guides and readers, and
animal assistance, such as guide dogs. The Ad Hoc Committee may wish to consider
whether there is a more
self-explanatory term. The term is also used in draft Article 20(a) [Personal
Mobility].
"[71]: 'Intermediaries' means people who do not assist but who rather act as
a conduit for the transmission of information to certain groups of persons with
disabilities, for example, sign language interpreters for the hearing impaired.
The term is also used in draft Article 20(a) [Personal Mobility]."[27]
(3)
Reasonable adaptation. General Assembly resolution 57/229 (on further
elaboration of the international convention) calls for accessibility with
reasonable accommodation to United Nations facilities and documents.
Reasonable in this sense refers to a minimum set of provisions to further
accessibility with regard to the process of elaborating the convention.
In terms of national law, the "Americans with Disabilities Act" states
"reasonable accommodation" may include:
"(a) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
"(b) job restructuring, part-time or modified work schedules, reassignment to
a vacant position, acquisition or modification of equipment or devices,
appropriate adjustment or modifications of examinations, training materials or
policies, the provision of qualified readers or interpreters, and other similar
accommodations for individuals with disabilities."[28]
For purposes of policy design and evaluation "accommodation" refers to
provision of conditions that respond to a need or want that permit adaptation or
adjustment to particular circumstances or environments. For persons with
disabilities, accommodation would place them on an equal footing with non-
disabled persons. The accommodation needed would depend on the disability, the
economic or social sector, the environment and relative levels of development.
While the term "reasonable" accommodation is used a number of policies, legal
and administrative settings, there is growing concern that environmental
accessibility is best achieved by policies and technical standards based on
"reasonable adaptation". Adaptation is consistent with the concept and
principles of universal design and the need to introduce accessibility
considerations at the outset of the analysis, design, planning and development
of services and facilities so that they provide accessibility for all and not in
terms of additional requirements of population groups with special needs or
abilities.
The concept "reasonable" is more complex and raises the question "reasonable
for whom?" This introduces two considerations. The first is that what
level of accommodation is fair for all members of society, which is an issue of
equity. The second is what is reasonable in terms of resources available to a
society, especially public resources, which is an issue of feasibility.[29]
C. Policy framework
A growing number of countries, and states and provinces in countries with
federal systems of government, are drafting and adopting policies, legislation
and administrative guidance on accessibility to information and
telecommunications services. However, the international policy basis for
accessibility remains the 1993 United Nations Standard Rules on the Equalization
of Opportunities for Persons with Disabilities (General Assembly resolution
48/96, annex). As discussed in the preceding section, Rule 5 of the Rules
addresses "Accessibility" in both the physical environment and with regard to
information and telecommunications services.
While the role of information and communications technologies in the global
knowledge-based economy was considered at the year 2000 High level segment of
the Economic and Social Council, the Ministerial outcome document did not
address the role of accessible ICT in promoting opportunities for all to
participate as agents and beneficiaries of development of knowledge-based
economies.
The "Declaration of Principles" adopted at the First phase of WSIS does not
consider accessibility and addresses the situation persons with disabilities in
connection with "marginalized and vulnerable group of society:
"In
building the Information Society, we shall pay particular attention 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.We shall also recognize
the special needs of older persons and persons with disabilities."[30]
The "Manila Declaration on Accessible Information and Communications
Technologies (ICT) was formulated by participants at the United Nations
Interregional Seminar and Regional Demonstration Workshop on Accessible ICT and
Persons with Disabilities (Manila, 3-7 March 2003) to provide interested
governments with policy-related options and technical guidance on promoting
accessible ICT in the context of national development. The "Manila
Declaration" builds upon the policy guidance of Rule 5 -- Accessibility -- of the
Standard Rules and two key international human rights treaties - the
International Covenant on Civil and Political Rights and the
International Covenant on Social, Economic and Cultural Rights -- in order to
link accessibility with the broad human rights framework and development::
"Access to the physical environment and access to information and
communications impact the full scope of social life and development for all and
can promote equality and opportunities for full participation for everyone."[31]
While noting the empowering and enabling capacities of accessible ICT to
further full participation and equality of persons with disabilities in social
life and development, the "Manila Declaration" adds that accessible ICT involves
the larger set of electronic and information technology products, equipment
systems and services that store, process, transmit, convert, duplicate or
receive digital information, which include photocopiers, computers, personal
digital assistants (PDAs), facsimile machines, information transaction machines
or kiosks, automatic transaction machines (ATMs), voting machines, operating
systems, software (including application generators and development tools), Web
sites, public mass media (radio, television and cinema) and telecommunications
systems and devices. As a general consideration, the "Declaration" states:
"...electronic and information technology products and services should provide
accessibility with reasonable accommodation".[32]
Guidance on the design, development and evaluation of accessible ICT designs
and resources is presented in the "Manila Design Recommendations on Accessible
Information and Communications Technologies (ICT).[33]
The "Manila Design Recommendations" build on universal design concepts and
principles, in particular the principle that designs meet the needs of diverse
users through inclusive solutions and open and democratic participation.
The "Design Recommendations" provide a critical minimum threshold for
accessible ICT in countries. They were formulated on the premise that ICT
accessibility does not present an undue burden; it is easily realized through
application of "first principles": (1) provide text alternatives for visual
elements and graphical images; and (2) separate issues of document content and
structure from document layout, which will aid users of assistive devices.[34]
The "Design Recommendations" provide a seven-point check list for design,
development and evaluation of Internet-based content that will provide
flexibility in accommodating each user's needs and preferences:
- 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);
- 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);
- Attach ALT<alt> (alternative) text to graphic images so that assistive
computer technology such as screen readers can reach the content;
- For each photograph which contributes meaningful content to the page,
provide a "D" hyperlink to a page providing descriptive text of the image;
- Provide text transcriptions or descriptions for all audio and video
clips;
- Provide alternative mechanisms for online forms since forms are not
supported by all browsers (such as e-mail or voice/TTY phone numbers);
- 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.[35]
Notes
[8] Data compiled by the United
Nations Conference on Trade and Development (UNCTAD) report a per capita
distribution of Internet Hosts (computers with active Internet protocol
addresses per 10,000 people) at 422 in 1995 and 3,714 in 2001; the number of
mobile devices per capita (per 1,000 people) is reported at 227 in 1995 and
977.77 in 2001 in UNCTAD (2003) Information and communication technology
development indices (United Nations publication, Sales No. E.03.II.D.14),
Appendix 5. Descriptive statistics.
[9] File sharing protocols (P2P)
often employ Java-based technologies, which present problems for users of
assistive devices; examples of file sharing services include <http://www.limewire.com/english/content/home.shtml>,
<http://www.kazaa.com/fr/products/
> and < http://www.winmx.com/> among others.
Due to legal issues raised in several countries these sites are presented for
information only. A discussion of technical and legal issues of file
sharing has been prepared by the Electronic Frontiers Foundation (Washington DC
(USA), "File-sharing: it's music to our ears" <http://www.eff.org/share/
>. Accessible P2P is not considered among selected resources presented in
the annex to this paper.
[10] See report on
"International information structures and technologies; the social perspective
(United Nations, March 1998)" <http://www.un.org/esa/socdev/enable/disinet1.htm
>.
[11] John R. Mathiason and
Charles C. Kuhlman, "International Public Regulation of the Internet: Who
Will Give You Your Domain Name?" (21 March 1998) <
http://www.intlmgt.com/domain.html>.
[12] "Web Content Accessibility
Guidelines (WCAG) 1.0" <http://www.w3.org/TR/WCAG10/>.
[13] The Web Services Working
Group functions under the non-profit W3C <
http://www.w3.org/2002/ws/>, and the Organization for Advancement of
Structured Information Standards (OASIS) <http://www.oasis-open.org/committees/>,
a non-profit consortium, aims to promote and encourage use of structured
information standards, such as XML, SGML, and CGM, and develop vertical industry
applications, conformance tests and interoperability specifications that make
those core standards useable. See Clinton Rapley, "Reconsidering
accessible information and communication technologies" (March 2003) <http://www.worldenable.net/manila2003/paperrapley.htm>.
[14] <
http://www.un.org/documents/ecosoc/docs/2000/e2000-l9.pdf>, paragraph 5.
[15] World Summit of the
Information Society, "Declaration of Principles (12 December 2003)"
(WSIS-03/GENEVA/DOC/0004) <
http://www.itu.int/wsis/documents/doc_multi-en-1161|1160.asp> :
"49. The management of the
Internet encompasses both technical and public policy issues and should involve
all stakeholders and relevant intergovernmental and international organizations.
In this respect it is recognized that:
a) Policy authority for
Internet-related public policy issues is the sovereign right of States. They
have rights and responsibilities for international Internet-related public
policy issues;
b) The private sector has had and should
continue to have an important role in the development of the Internet, both in
the technical and economic fields;
c) Civil society has also played an
important role on Internet matters, especially at community level, and should
continue to play such a role;
d) Intergovernmental organizations have
had and should continue to have a facilitating role in the coordination of
Internet-related public policy issues;
e) International organizations have
also had and should continue to have an important role in the development of
Internet-related technical standards and relevant policies.
"50. International Internet governance issues should be addressed in a
coordinated manner. We ask the Secretary-General of the United Nations to set up
a working group on Internet governance, in an open and inclusive process that
ensures a mechanism for the full and active participation of governments, the
private sector and civil society from both developing and developed countries,
involving relevant intergovernmental and international organizations and forums,
to investigate and make proposals for action, as appropriate, on the governance
of Internet by 2005."
[16] WIPO Digital Agenda <
http://ecommerce.wipo.int/agenda/index.html> .
[17] Final Report of the
First WIPO Internet Domain Name Process, April 30, 1999 (Publication, No.
439) <http://wipo2.wipo.int/process1/report/finalreport.html
>.
[18] The activities of ICANN are
not without their critics, in particular its decision making process. Questions
also have been raised about the relationship between ICANN and the assignment of
county code top level domains (ccTLDs) with some urging that management of the
global Internet be assigned to the International Telecommunications Unit, a
specialized agency of the United Nations system. See for example Kieren
McCarthy, "EC tells Europe and ICANN to make peace". The Register (28
April 2004)<
http://www.theregister.co.uk/2004/04/28/ec_icann_warning_shot/ >. The
question is a member of the larger set of Internet governance issues to be
considered at the Second phase of WSIS (Tunis 2005).
[19] A/37/351/Add.1/ and
Add.1/Corr.1, annex, paragraph 7 <
http://www.un.org/esa/socdev/enable/diswpa00.htm>.
[20] <
http://www.un.org/documents/ecosoc/docs/2000/e2000-l9.pdf >; paragraph 7.
[21] "Declaration of
Principles", op.cit. paragraphs 8 and 10.
[22] World Programme of Action,
op.cit. paragraph 12.
[23] A/48/96, annex, Rule 5
(Accessibility), op. cit.
[24] See Leo Valdes (consultant
to the United Nations) "Accessibility on the Internet" (6.25.2002) <http://www.un.org/esa/socdev/enable/disacc00.htm>.
[25] General Assembly resolution
52/82 of 12 December 1997, paragraph 4 <http://www.un.org/esa/socdev/enable/disimpe0.htm
>.
[26] Regional Workshop towards a
Comprehensive and Integral International Convention on Protection and Promotion
of the Rights and Dignity of Persons with Disabilities (Bangkok, 14-17 October
2003) <http://www.worldenable.net/bangkok2003a/bangkokdraftrev.htm>.
[27] "Report of the Working
Group to the Ad Hoc Committee" (A/AC.265/2004/WG.1). Annex I: Draft articles for
a Comprehensive and Integral International Convention on the Protection and
Promotion of the Rights and Dignity of Persons with Disabilities, Draft Article
19: Accessibility <http://www.un.org/esa/socdev/enable/documents/ahcwgreport.doc>.
[28] Americans with
Disabilities Act, Public Law 336 of the 101st Congress, enacted July 26,
1990; SEC. 101. DEFINITIONS (9) <http://www.usdoj.gov/crt/ada/pubs/ada.txt
>.
[29] John R. Mathiason,
"Considerations for the proposed International convention to promote and protect
the rights and dignity of persons with disabilities" (July 2002) <http://www.worldenable.net/mexico2002/considerations.htm>.
[30] "Declaration of
Principles", op.cit. paragraph 13.
[31] "Manila Declaration on
Accessible Information and Communication Technologies (ICT)", paragraph 2 <http://www.worldenable.net/manila2003/declaration.htm>.
[32] Ibid. paragraph 3.
[33] <
http://www.worldenable.net/manila2003/DesignRecommendations.htm>.
[34] See also Association
Braille Net, "To make a site more accessible" <http://www.braillenet.org/accessibilite/livreblanc/accessibilite.html>.
[35] "Manila Design
Recommendations", op.cit; see also Cynthia D. Waddell, "Overview of Law
and Guidelines," Chap. 2 in Jim Thatcher et al., Constructing Accessible Web
Sites, (Birmingham (UK) Glasshaus, 2002), republished July 2003 (San
Francisco CA (USA) Apress) <http://www.apress.com/book/bookDisplay.html?bID=342>.
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