Legal & policy imperatives for Inclusive Tourism.

1. Legal & policy imperatives for Inclusive Tourism. Charlotte McClain-Nhlapo Senior Operations Officer HDNSP- World Bank 1-3 March, 2010. Maputo

2. Context • Modern society is increasingly aware of concept of the inclusion of persons with disabilities. • Demographics of the traveler is changing – older persons. • Issues such accessibility, design for all and universal design are increasingly featured in the international fora. • The concept of access to built environment is therefore a transversal issue fundamental to the enjoyment of human rights by person with disabilities. • Though many accessibility standards have been developed at the national and international levels, many countries still have not adopted such standards and where they have adherence to the standards in many countries is often poor. C V McClain-Nhlapo, 2010.

3. C V McClain-Nhlapo, 2010.

4. The CRPD • Entered into force on the 3rd May 2008. • 80 Ratifications • 144 Signatories • It presents a panoply of civil, political, cultural, economic & social rights. • And codifies these Human Rights norms using a disability lens. C V McClain-Nhlapo, 2010.

5. The CRPD • It presents a comprehensive & pragmatic framework for achieving inclusive development. • With it’s inclusive development mandate it stands to trigger the social inclusion of persons with disabilities into mainstream society. • Today development practices by & large exclude persons with disabilities. C V McClain-Nhlapo, 2010.

6. CRPD : An International Benchmark • Art. 3 (f) General Principles • Art. 9 Accessibility • Art. 19 Living independently & being included in the community. • Art.21 Freedom of expression & opinion, & to information. • Art.27 Work & employment. • Art. 30 Participation in cultural life, recreation, leisure & sport.* • Art. 32 International Cooperation • Art.33 National implementation & monitoring. C V McClain-Nhlapo, 2010.

7. The CRPD & accessibility • Accessibility is a central concept in the CRPD, appearing as one of the general principles (Article 3), in a discrete article of general application to the interpretation and implementation of all other substantive articles in the treaty (Article 9 – Accessibility), and in various relevant articles throughout the treaty text. C V McClain-Nhlapo, 2010.

8. Obligations on the State. • Governments must identify & eliminate obstacles & barriers to accessibility. (the built environment this includes but is not limited to: buildings, transportation, schools, housing, medical facilities and workplaces, both in urban and rural areas). • Access to information • Governments must develop and monitor implementation of accessibility standards, and provide training on accessibility for stakeholders. C V McClain-Nhlapo, 2010.

9. Article 9 • Art. 9 captures both public and private actors, and is applicable whenever such actors make their products or services “open or available to the public.” • Concepts of universal design (UD) are elaborated in Article 2, which provides a definition of UD. • Reasonable accommodation can be utilized in situations where UD alone is insufficient to remove barriers to accessibility. C V McClain-Nhlapo, 2010.

10. At a national level • There is an increasing number of UN Member States that have adopted non-discrimination or equal opportunity legislation that is disability specific. • And even fewer have put in place any guidelines or regulatory frameworks to promote accessibility. • Often implementation is patchy. C V McClain-Nhlapo, 2010.

11. Policy related to inclusive tourism • Declarations • Cape Town Declaration on “Responsible Tourism 2002.” • Rio de Janeiro Declaration on Sustainable Social Development, Disability & Ageing • Regional Frameworks • Guidelines • Protocols C V McClain-Nhlapo, 2010.

12. Biwako Millennium Framework (BMF) • In May 2002, UNESCAP adopted the resolution-promoting an inclusive, barrier-free and rights-based society for people with disabilities for the Asia & Pacific region. • This resolution also sought to extend the Asian and Pacific Decade of Disabled Persons, (1993-2002, to 2003-2012). • BMF outlines issues, action plans and strategies towards an inclusive, barrier-free and rights-based society for persons with disabilities. • It identifies seven priority areas for action, in each of which critical issues and targets with specific time frames and actions follow. (18 targets & 15 supporting strategies are identified). C V McClain-Nhlapo, 2010.

13. European Commission • Steps have been taken to promote guidelines & best practices, and major resources are now dedicated to this field. • A new European Network for Accessible Tourism • Building on the experiences of key National Tourism Organizations, tourism businesses and disability/ consumer advocacy groups • EC Disability Action Plan (2003 –2010)- for non-discrimination & equal opportunities • Euro Parliament Resolution on Tourism and Strategy on competitiveness and sustainability in tourism C V McClain-Nhlapo, 2010.

14. Southern African Development Community Protocol on Tourism • Tourism is a major source of income and employment for many countries in the SADC region. In some SADC Member States tourism is the second or third largest sector after agriculture and mining. • The protocol recognizes that the tourism potential of the SADC region can be enhanced through the collective and concerted efforts of all Member States and can contribute to the overall economic development of the region. • The objectives of the Protocol ( Chapter II art.2) aim to: • Promote tourism as a vehicle for sustainable social & economic development. • Contribute to human resource development through job creation & the development of skills at all levels in the tourism industry. • Improve standards of safety & security of tourists visiting the region & make provision for disabled, handicapped & senior citizens in Member State C V McClain-Nhlapo, 2010.

15. 7 Take away points. 1.Persons with disability are able to access all aspects of the environment on an equal basis with others, including: • Public and private buildings and facilities, including schools, housing, medical facilities and workplaces; 2. Information and communications, including information and communication technologies and systems are accessible to all; 3. Accessible transport and transport infrastructure. 4. Research on the barriers & obstacles to accessibility of public facilities & services is conducted with the view to eliminate them. C V McClain-Nhlapo, 2010.

16. 7 Take Away Points (cont.) 5. Standards and guidelines are in place and are enforced to ensure the accessibility of public services and facilities. 6. Standards and guidelines for accessibility apply to both government and private entities providing public services and facilities. 7. Training on accessibility issues for persons with disability is provided to all relevant stakeholders (for example, architects, planners, travel agents and engineers). C V McClain-Nhlapo, 2010.

17. Conclusion~ Inclusive tourism: • Is a gateway to inclusion of persons with disabilities. • Can be an important lever for the economic development of persons with disabilities. • Is an essential aspect of building inclusive societies. • Generates greater economic benefits for local people & enhances the well being of host communities. • Improves working conditions & access to the industry • Involves local people in decisions that affect their lives & life chances. C V McClain-Nhlapo, 2010.

18. Inclusive Tourism Makes good Business sense. Thank you! C V McClain-Nhlapo, 2010.