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PRESENTATION TO THE PORTFOLLIO COMMITTEE ON WOMEN,CHILDREN AND PERSONS WITH DISABILITES ON PROGRESS MADE IN REGARD TO IMPLEMENATATION OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIESPresented by: Department of Communications 12 September 2012

Presentation Outline • Purpose • Background • Ratification of the Convention • DOC Response to Ratification of the Convention • Articles Relevant to the DoC Mandate • Discussion • Key Aspects of the Strategy • Interventions towards Implementation of the Convention • Implications of Convention for the DoC • Conclusion

Purpose of the Presentation • To update the Portfolio Committee on Women, Children and Persons with Disabilities on the progress made in regard to the implementation of the United Nations Convention on the Rights of Persons with Disabilities since it was ratified by the South African Cabinet in June 2007. • To report to the Portfolio Committee on Women, Children and Persons with Disabilities as per their request through an invitation dated 31 August to the honorable Minister Dina Pule on the following: • What the Departments are currently doing to promote the use of sign language.

Purpose Continued • The Budgetary Allocation to give effect to the various programmes and services that benefit persons with disabilities • Programs and Services offered to Persons with Disabilities

Background • 1992 Standard Rules on the Equalization of Opportunities for People with Disabilities adopted by the UN General Assembly. • The Rules calls on States Parties to initiate measures for the improvement of quality of life for People with Disabilities. • However, The Rules were none binding on member countries this resulted in the Non Implementation – hence a need for a Binding instrument – Treaty. • The UN General Assembly passed resolution 56/168 of 19 December 2001, to establish an Ad Hoc Committee to consider proposals for a Convention.

Background Continued… • 2003 Ad Hoc Committee began its work. • First draft document for discussion produced and all member countries invited to begin work and consultations with stakeholders including Disabled Peoples Organizations (DPOs). A first for any treaty document • South Africa through the than Office on the Status of Disabled Persons (OSDP) was nominated to coordinate and facilitate the Africa Group’s inputs into the draft Convention and prepare the South African position paper. • Consultative meetings with representatives of DPOs and the Inter-Departmental Collaboration Committee on Disability (IDCCD), Task Team established • DOC Instrumental in influencing the discussions to be inclusive of issues related to ICT Accessibility

Background continued • The DoC was one of the Departments represented in the Task Team and was actively involved in the drafting and discussions of the Articles of the Convention locally and at the UN in during the 7th session from 16th January to 3rd February and final meeting of the Ad hoc Committee in New York that took place from 14th to 26th August 2006 • The DoC involvement was primarily to ensure that the articles of the convention includes clear content on the access to and usage of ICTs by persons with disabilities including access to public information terminals, the internet, broadcasting services and general access to information in accessible formats • The treaty was signed on March 30 2007, by 84 member countries including South Africa. This paved the way for the ratification of the treaty by the South African government in June 2007 binding the country to its implementation.

Ratification of the Convention • 2006 – Convention Finalized – 8th Session of the Ad Hoc Committee held from 14 to 25 August 2006; • First Signed on 30th March 2007 by State Parties, at the UN Head Quarters in New York including South Africa; • Convention presented to South African Cabinet for final ratification on 5th June 2007, and joining Jamaica and three other countries to committing their governments to the implementation of the Treaty; • Ratification submitted to the National Council of Provinces for finalization of the process and final ratification done in November 2007; • Member countries have submitted progress reports on the implementation of the convention on the first two years after the signing of the convention; • Convention contains 34 Articles all together and an Optional Protocol Clause.

DoC Response to Ratification of the Convention • Following the signing of the Convention on 30th March 2007, at the UN Head Quarters in New York, the South African Cabinet ratified the convention on 5th June 2007, joining Jamaica and three other countries to committing their governments to the implementation of the treaty. • As a response to the ratification of the convention by the South African Government the Department of Communications conducted a Situational Analysis on Disability Mainstreaming in the work of the Department and its State Owned Enterprises in the 2007/8 financial year and one of the critical matters identified in this analysis was the lack of access to crucial information that would assist people with disabilities to understand the role and work of the Department.

Articles Specific to DOC Article 9 Accessibility • 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 bases with others, to the physical environment, to transportation, to information and communication, including information and communication 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: • Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; • Information, communications and other services, including electronic services and emergency services.

Article 9: Accessibilitycontinue… This article obligates member states of the UN to insure accessibility to varies aspects of society such as transport, physical buildings and information communication technologies and therefore the Department of Communications is lead department in South Africa for its implementation.

Article 9: Accessibility Continued ….. • To 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; • To promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information; • To promote access for persons with disabilities to new information and communications technologies and systems, including the Internet; • To promote the design, development, production and distribution of accessible information and communications technologies an systems at an early stage, so that these technologies and systems become accessible at minimum cost.

Article 21: Freedom of Expression and opinion, and access to Information States parties shall take appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal bases with others and through all forms of communication of their choice, as defined in article 2 including by: • Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional costs;

Article 21: Freedom of Expression and opinion, and access to Information continue… • Accepting and facilitating the use of Sign Languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions; • Urging private entities that provide services to the general public, including through Internet, to provide information and services in accessible and usable formats for persons with disabilities • Encourage the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities • Recognizing and promoting the use of sign language.

Discussion • Following the conclusion of the Situational Analysis the DoC embarked on a series of consultative processes with relevant stakeholders towards the development of a Disability and ICT Strategy • The Disability and ICT Strategy is a guiding document to the department on how to mainstream disability into its core business of policy development and program implementation in the ICT sector through its State Owned Enterprises. • The development of the strategy was completed in the 2008/9, financial year and it was approved by the Top Management of the department in March 2009.

The Key aspects of the strategy The Key aspects of the strategy consist of the following: • The establishment of a National ICT Accessibility Forum comprising of ICT industry role players, SOEs representatives and representatives of the disability sector. The role of this forum will be to advise the department on the implementation of the strategy • To provide capacity building to the disability sector on opportunities in the ICT sector and to raise awareness amongst SOEs and industry players on disability mainstreaming • To promote self representation and participation of persons with disabilities in the ICT Sector

The Key aspects of the strategy continued • To facilitate access to resources for disability mainstreaming within the ICT Sector through the allocation of meaningful budgets to SOES and projects aimed at inclusion of persons with disabilities in the ICT sector • The strategy also promotes that the department ensure that from a process point of view the issue of access by Persons with Disabilities are address through alternative formats such as: • Sign Language Interpreters • Providing large print and Braille • Audio copies of all information

Interventions Towards implementation of the Convention • The DoC has a dedicated Chief Directorate located in the DG office since 2006 • The DoC has ensured that Disability Mainstreaming is included in the Strategic Plan of the department annually since 2003 • An dedicated allocated budget for disability mainstreaming although limited and included in the overall budget of the GDYC Chief Directorate • The DoC has completed a comprehensive situational analysis on disability mainstreaming within in its SOES study was conducted by a consortium owned and controlled by persons with disabilities

Interventions Continued • The department on behalf of the South African Government played a leading role in ensuring that the outcomes of the World Summit on the Information Society (WSIS) hosted in 2003 and 2005 respectively included a specific action line on accessibility to ICTs by persons with disabilities • The Department hosted the Pamoja Conference on Disability Mainstreaming and ICTs in 2005 that brought together over 500 delegates with disabilities to craft a South African position for the second phase of WSIS hosted in the same year • The department has supported NAP and they have developed a prototype for an electronic note taker (speech to text and vice-versa), although it is still seeking funding to manufacturer this product. • The recently adopted Digital Migration Policy has a specific focus on ensuring better access to broadcasting platforms and programs by consumers with disabilities especially deaf and blind persons

Interventions Continued • USAASA has developed a number of ICT centres that are accessible to people with disabilities and it has also recently reviewed the definitions for the terms universal access, underserved areas and needy persons to facilitate easer access by persons with disabilities to ICT centres and services. • The National Electronic Media Institute of South Africa (NEMISA) is providing training in broadcasting for people with disabilities • One of the mobile operators is ensuring accessibility features are included on some of their handsets • The department participated in a training program of The Institute for the Deaf on their programme on accessible and assistive technology for persons that are hard of hearing and deaf, the department is considering a partnership with the institute to strengthen this program as part of the implementation of the Disability and ICT strategy

Interventions Continued • 2007: The Department hosted a National e-Accessibility Symposium and the focus was on employment and ICTs, in partnership with the FET Colleges in the Eastern Cape and as part of the seminar implantation the Department also exposed ten young people with disabilities to the working environment at DoC for a week. • 2008: The Department in collaboration with Meraka Institute at the CSIR presented on the National Accessibility Portal (NAP) at the site event on ICT accessibility at WTSA. • The Department also hosted a Seminar in ICT for Rural Women and Disabled Women in 2008 in the Northern Cape where they were given an opportunity to share the challenges they face to access ICT • The department has developed a overarching Disability and ICT Strategy that has been endorsed by Top Management 2009 and it was approved by the Executive Authority in 2011 and it now awaits final sign off prior to it being launched formally

Implications for DoC Like in other departments, the Convention poses a number of obligations for the Department and the ICT Sector in general, notably: • Need for ICT Policy Reviews and Promulgations specifically to incorporate important provisions of the Treaty as far as Accessibility issues as they relate to the ICT sector are concern; • Capacitating State Owned Enterprises as the Department’s service delivery arms to ensure they are able to implement the Convention, including such areas as the issue of universal access, universal design, universal services • Consideration of the Convention on programs such as Infrastructure development and service delivery of the core products and services;

Implicationsfor DoCContinued… • Regulatory and Monitoring issues including development of minimum accessibility standards for people with disabilities, to amongst others – Broadcasting, Internet based services, access to Emergency services etc; • Funding and budgeting by each and every directorate for issues of disability and possibly incentives to SOEs to encourage implementation of the Convention; • Put in place proper reporting requirements on progress to support reporting to the UN on the Convention.

Conclusion • It is important to note that the DoC has adopted an approach of mainstreaming disability in all its functions and hence Disability Mainstreaming is included in the current strategic plan of the department • Two critical programs to be implemented in this financial year the ICT Accessibility Program that includes facilitating web accessibility to persons with disabilities and the Access to Broadcasting Program that includes facilitating access to television and radio by persons with disabilities, that includes working with the SABC • A major challenge remains funding constraints and human resource capacity. • The DoC is committed to facilitating access to and usage of ICTs by persons with disabilities in an accessible environment where persons with disabilities are not only consumers of technology but, also producers of technology and contributors to the ICT Sector.

Promoting e-Accessibility for Socio-Economic Development of Persons with Disabilities Questions and Answers 

Presentation Outline