POLICY FORMULATION FOR THE INTERNET AND ELECTRONIC ACCESSIBILITY FOR PERSONS WITH DISABILITIES

1. August 2009 POLICY FORMULATION FOR THE INTERNET AND ELECTRONIC ACCESSIBILITY FOR PERSONS WITH DISABILITIES Nirmita Narasimhan Centre for Internet and Society

2. Agenda • Need for a Policy • Characteristics of Policies • Policy Formulation • Planning and Research • Preparing the ground – Advocacy and Networking • Building Consensus • Ongoing tasks – post-enactment • Special considerations for policies for disabled persons • Conclusion

3. Need for a policy • mitigate social inequities • contribute to nation building –guiding decisions and actions • binding document for the government to record its commitments to the citizens • clarify decision making and strategise national priorities • ensure uniformity of approach in the activities of public and private entities functioning within a sector

4. Need for a policy • define values and norms which reflect the interests of all key stakeholders, including the government • as a consequence of national political/economic/social pressures • as a complement to any other existing or new policy or legislation • as a response to international developments

5. Policy intervention in the area of disability and ICT • Promote universal and equitable access to digital resources • encourage partnership in the creation, dissemination and use of critical ICT resources • channelise the use of digital resources in all spheres to enable universal inclusion and participation

6. Policy Intervention Areas • IPR - national and international • Internet - public and private policies • Electronic accessibility - Generic and specific legislations • Independent living • Others

7. Characteristics of Policies

8. Nature of Policies • dynamic • multi-dimensional - having social, economic and political consequences • generic or specific • popular/general policies and specific/ sectoral policies • government involvement - in opposition to the government and in partnership with the government • mandatory or advisory or partly mandatory and partly advisory

9. Elements of a Successful Policy • comprehensive • based on sound research and analysis and backed by strong public and political opinion • must address conflicts and offer viable and effective solutions • take into account all dimensions of the problem sought to be addressed • must build on and be compatible with previous policies and legislations • must involve all stake holders at every stage of the policy process • must have an effective monitoring and evaluation mechanism • must be reviewed periodicallyor as the need arises

10. Core Components of a Policy • Title • Effective date • Definitions • Objectives • Policy statement • Applicability • Scope • Standards • Mechanism for monitoring and evaluation of implementation • Time frame for compliance. • Penalty for non-compliance • Information about the nodal ministry which is responsible for implementation, • Dependencies on other policies • Reference to national and international commitments which mandate this policy • References and annexures • System for periodic review

11. Disability Policies Around the World • Legislation • Ordinance • Magna Carta • Advisory rules • Public policy • Interdepartmental order/rules • Private policy

12. Policy Formulation Process

13. Planning and Research • step 1 - Identify issues and need for a policy • step 2 - Carry out desk and field research using a common methodology : • identify the justification for the policy from a multi stakeholder perspective • identify the benefits to various groups, including a cost-benefit analysis for the government • determine the budgetary implications for different stakeholders • cover implications for all sectors, including g2g,g2b, g2c, b2b, b2c and c2c • create a baseline survey of the current system, with a SWOT analysis

14. Planning and Research • step 2 - Carry out desk and field research using a common methodology • identify the main stakeholders in the policy – e.g. government, industry, user groups, family etc. • analyze best practices in countries around the world • analyze the range of policy framework options which are available to address the issue, given the particular conditions of that country • analyze whether this policy is a stand alone document, or whether it requires any other policy to be formulated to complement this • collate disability statistics

15. Preparing the Ground - Advocacy and Networking • step 3 – Launch an advocacy campaign on the issue with organisations around the country • use a variety of advocacy materials including pamphlets and flyers, t-shirts, caps, stickers and labels, boards and signs, campaign posters, slogans etc • raise awareness - through public debates, media, writing, digital activism, cultural representations, legislative fora etc. • engage with the media on this issue as much as possible to make it a mainstream issue

16. Preparing the Ground - Advocacy and Networking • step 4 – Identify and map out the concerned ministries and departments of the Government • build a relationship of trust and collaboration with nodal officers in the ministries responsible for formulation and implementation, as well as with private sector and civil society stake holders • step 5 - Establish a top down and bottom up demand for a policy intervention • Carry out advocacy and public consultations

17. Preparing the Ground - Advocacy and Networking • step 6 - Identify existing legislations and policies which will be affected • step 7 - Prepare a policy brief for policy makers and sector experts

18. Building Consensus • step 8 - Organise regional and sectoral consultations • take inputs from frontline and grass roots experts • step 9 - Organise or facilitate nation wide discussion and round tables for experts in the field to arrive at a consensus on the issue • step 10 - Draft a policy on the basis of the inputs received and the understanding arrived at in the various meetings

19. Building Consensus • step 11 - Finalise and disseminate the draft policy • also finalise a document setting out the findings and conclusions of the research to the government and identified experts in the field. • help facilitate an informed national debate on the subject • step 12 - The Government will call for stakeholders meetings to get feedback on the policy issue • step 13 -The Government will prepare a draft policy document and invite comments on the same for a fixed period.

20. Building Consensus • step 14 -The Government will also hold public consultations in different cities to invite comments on the draft policy • step 15 -The Government will incorporate the necessary changes once the time frame for inviting feedback from the public is over and finalise the document. This will then be sent to different ministries for their inputs.

21. Building Consensus • step 16 - The draft policy will be sent for cabinet approval after various ministries have given their inputs • step 17 -The draft policy will be presented in parliament in the form of a bill after getting cabinet approval • step 18 - The bill will get passed and will become a policy having the binding force of law

22. Ongoing tasks - post-enactment • spread awareness about the enactment of the policy, its scope, applicability and requirement, after the policy comes into force • ensure that adequate measures are being taken up at various levels for its implementation using tools such as RTIand personal interaction • invest in capacity building training and research for effective implementation and development • establish a separate monitoring mechanism for implementation of the policy

23. Ongoing tasks - post-enactment • ensure that review mechanisms are in place and proper measures are undertaken for compliance with the policy • allocate finances and manpower for co-ordinating implementation and evaluation at a national level • organise stakeholders meetings to mobilize resources for implementation • civil society organisations can play an important role in implementation by working along with the government to raise awareness and help with training and capacity building workshops • ensure periodic review of the policy to bring it in line with technological developments

24. Special considerations for policies for disabled persons • involvement of persons with disabilities is the key component of the entire policy process • The absence of a business case does not undermine the need for or the right to seek a policy • It is very important to build capacityfor service providers and policy makers • It is also important to raise awareness about their own rights for persons with disabilities

25. Special considerations for policies for disabled persons • the policy should be inclusive for persons with all disabilities • Should be targeted towards achieving inclusion at all stages of lives of disabled persons - from schools to old age homes • incentives based approach vs punitive approach • implementation is often more difficult than formulation, • it might be good for disability organisations to form a group to monitor implementation and to constantly be vigilant with the government • off line consultations and advocacy is very important especially in developing countries like India where a majority of the persons in villages are not connected through any means of ICTs

26. Conclusion • shortsighted or inadequate policies get formed due to the lack of participation of disabled persons in the policy making process • take a democratic approach towards policy formulation • transparency and accountability in the policy process helps to establish wide spread approval and improves the chances of success • sometimes a policy with a limited agenda is easier to get through than a policy with multiple demands • strike when the iron is hot - make use of the policy window when it opens