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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
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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:

  1. 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;
  2. the development and remodelling of public transportation facilities, communications and       other services,  including electronic services.

  "2.  States Parties shall also take appropriate measures to:

  1. provide in public buildings and facilities signage in Braille and easy to read and understand forms;
  2. 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;
  3. develop, promulgate and monitor implementation of minimum national standards and guidelines for the accessibility of public facilities and services;
  4. encourage private entities that provide public facilities and services to take into account all aspects of accessibility for persons with disabilities;
  5. undertake and promote research, development and production of new assistive technologies, giving priority to affordably priced technologies;
  6. promote universal design and international cooperation in the development of standards, guidelines and assistive technologies;
  7. ensure organisations of persons with disabilities are consulted when standards and guidelines for accessibility are being developed;
  8. 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:

  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 which contributes 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.[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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