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POLICY FORMULATION FOR THE INTERNET AND ELECTRONIC ACCESSIBILITY FOR PERSONS WITH

DISABILITIES

Nirmita Narasimhan

August2009

Centre for Internet and Society

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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

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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

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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

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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

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Policy Intervention Areas

IPR - national and international

Internet - public and private policies

Electronic accessibility - Generic and specific legislations

Independent living

Others

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Characteristics of Policies

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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

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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 periodically or as the need arises

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Core Components of a Policy

Title

Effective date

Definitions

Objectives

Policy statement

Applicability

Scope

Standards

Mechanism for monitoring and evaluation of implementation

Mechanism for review of the policy

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

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Disability Policies Around the World

Legislation

Ordinance

Magna Carta

Advisory rules

Public policy

Interdepartmental order/rules

Private policy

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Policy Formulation Process

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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

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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 compliment this

collate disability statistics

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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

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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

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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

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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

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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.

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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.

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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

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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

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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

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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 capacity for service providers and policy makers

It is also important to raise awareness about their own rights for persons with disabilities

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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

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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