Don’t ‘dis’ the ability of the largest minority

Inexpensive accessible van - a vital facility to go with our  Megapolis plans

The Government in the 2016 budget proposed to promote all people to open bank accounts for their salaries and pensions and due to increasing security threats discourage transportation of cash and increase the use of ATM machines.

However, like most of the essential day-to-day needs and facilities – including ATMs in residential areas – marginalisation, discrimination and denial of rights for education and employment is escalating for the majority of the 20% of the population experiencing restricted ability. 

In most cases it also poses unwanted threats to personal safety.

Main root causes are non-compliance with laws, regulations and Supreme Court orders concerning accessibility at public buildings. 

The theme for this year’s International Day of dis-Abled Persons is: “Inclusion matters: Access and emPowerment of People of all Abilities.”

The right to enjoy access is also the single right on which enjoying several other rights depend heavily. 

Evidence shows that when barriers are removed and access is promoted, the entire community benefits and colossal wastes a country incurs is minimised. 

 

Where are we today? – Open your eyes

Laws and regulations made in 2006 October and the Supreme Court Orders SCFR: 221/2009 in April 2011 enshrined the principle of equality and accessibility. 

Except for bits and pieces here and there, these are unimplemented promoting marginalisation. 

It is equally important to bridge the gap between policy and practice.

I pose some pertinent questions to our decision makers:

1. How many five-star city hotels, renovated and even new, prevent the marginalisation of non-ambulatory tourists by providing safe access to washrooms and toilets? – Hardly any; but they are awarded five and six stars!

2. How many private sector hospitals charging colossal sums of money accommodate wheelchair access to washrooms in newly built wards? – None. They are often safety hazards even for the ambulant.

3. How many newer and affluent higher education institutions, afford equal rights and opportunity for children using wheelchairs? – Hardly any.

4. Access to how many ATM machines in residential areas are user-friendly and safe even to most elders and less-able soldiers? Perhaps none?

5. What international sports stadia and newly built restaurants and Government institutions have even an accessible toilet? Perhaps none.

Without convenient and safe access complying with design standards to products, facilities and services at these business establishments, what genuine customer care and customer satisfaction/delightedness are there?

Securing a brighter future requires building a ‘new’ Sri Lanka, founded on the values of democracy, social justice, equality and accountability.  The Government needs to go beyond these sweet promises, especially to the largest minority of people – those with restricted ability. 

For a formidable and sustainable national economy, it is imperative to arrest the colossal economic and social waste that plagues the country in untold proportions.  

Two prerequisites here are: 

Mobilising human potential to eliminate its waste and 

Minimising unwanted dependency through empowering and inclusion. 

 

Significance of ‘International Day of dis-Abled Persons’

All of us, for different reasons, are certain to spend time living with deficiency in ability – to move, see, hear or think, to establish physical coordination and manual dexterity – to varying degrees. 

This is inevitable and forms part of the natural diversity of human life.

The aims of the observance of this day include:

(i) To promote an understanding of crucial issues. 

(ii) To mobilise support for empowerment, rights and dignity.

(iii) To meet health needs concerning physical and mental well-being. 

(iv) To increase awareness of gains to be derived by governments and societies for full participation of persons with restricted ability in every aspect of social, economic, political and cultural life.

 

Understanding dis-Ability

Our reactions to and beliefs about dis-Ability, influence greatly our progress towards an Inclusive Society. 

Legislation defines a person with dis-Ability (often still termed injuriously as Differently-abled) as: ‘Any person who, as a result of any restriction in his physical or mental abilities, is unable by himself to ensure for himself, wholly or partly, the necessities of daily life’.

The growing emphasis world over has now shifted to: 

(a) The degree of one’s mobility should ‘never’ be a fact for marginalisation.

(b) Everyday activities should ‘not’ become a daunting task to accomplish.

(c) Make communities inclusive and liveable by everyone.

 

Sri Lanka’s largest minority 

The benches of the Supreme Court, in 2009 and in 2011, have unanimously recognised that nearly 20% of our population experience significant deficiency in physical and sensory abilities or brain functioning, temporary or permanent. 

Many Sri Lankans with restricted ability often face discrimination, unable to enjoy access to society on an equal basis with others. 

But, it is ‘not’ their impairments that find themselves fighting a silent uphill battle, but the man-built social environment that renders people dis-Abled. 

Hence, this trend is reversible! 

 

Action Proposed: No. 1 – Amend Article (12.3) of the Constitution

All citizens require the basic protection enshrined in the Constitution to guarantee that no class of persons shall be denied the same rights that are enjoyed by other classes in the same society in like circumstances. 

The constitutional protection we seek will even enable us to revise the star-status awarding procedures to hotels and thereby make compliance with accessibility legislations mandatory for the tourism industry to reach greater heights.

Article 12.3 needs to be amended to read as follows: ‘No person shall, on the grounds of race, religion, language, caste, sex, limitation in physical and/or mental ability or any one of such grounds, be subject to any dis-ability, liability, restriction, marginalisation, safety hazard or condition with regard to access to buildings and also facilities therein the public needs to use in day-to-day life, including shops, hotels, restaurants, banks, hospitals, sports stadia, places of education – employment – recreation – entertainment and worship of his own religion’. 

 

Action Proposed: No. 2 – Ensure an Inclusive Mega-polis Agenda

The New Mega-polis Urban Agenda must ensure that future cities, towns and basic urban infrastructures and services are environmentally accessible, user-friendly and inclusive of all people’s needs, regardless of the degree of ability.

 

Action Proposed: No. 3 – Activate the dormant legislation

Prioritise the dormant legislation that needs activation concerning the emPowerment of People of all Abilities. Setup the framework and ensure the law is effectively implemented to strengthen the rule of law in Sri Lanka.

The Supreme Court in April 2011 has ruled that anything less than full compliance of accessibility regulations is a serious punishable offence attracting punitive repercussions.

However, the violators often backed by political powers, continue to go free; the victims are stranded and must either plead and earn the good-will of violators or suffer further!  

The dis-Ability Rights Bill (2010), which resolves key issues, is yet to be enacted.

‘Sign’ language – the only mode of communication for the hearing impaired – is still not legally recognised nor promoted in Sri Lanka.

 

Action Proposed: No. 4 – Promote ‘Accessible Tourism’ for all

Invisible debilitating conditions world over are rapidly increasing; we witness fast growing ‘ability restricted’ senior tourist populations around 16% demand their right for equal access. 

Let’s recognise this as our next untapped biggest lucrative business opportunity, identify priorities and implement effective measures soon.

Unsafe and poorly-designed front entrance at a reputed new ministerial complex

Action Proposed: No. 5 – Make the international theme a reality

The theme for this year’s International Day of dis-Abled Persons highlights the importance of emPowerment of People of all Abilities through Inclusion and Access.

What must ‘all’ of ‘us’ – especially the political leaders and decision makers here – ‘do’?  This list includes:

(a) Implementing effective measures to ensure: dis-Ability becomes largely visible in the mainstream development policies, agenda and its processes.

Success requires the active involvement of competent dis-Abled persons in the planning of strategies and policies. 

(b) Resolving the vital issues of national importance that are highlighted here.

(c) Hiring the services of an experienced accessibility expert to guide the processes.

 

The imperative need for accessibility experts – The missing link

When accessibility spatial requirements and other essential design requirements are addressed so late in the construction process – that’s what still happens here – architects and building owners are often forced to make difficult choices about where this space can be taken from.

Unless an experienced Accessibility Expert audits the facilities, the critical shortcomings will never get highlighted, fuelling social exclusion.

Often this plight makes the professionals in the construction industry here feel and believe that making the built environment accessible is difficult, expensive, and frustrating. Guided by such injurious myths our leaders and decision makers thus fall into a disastrous pit.

Access and empowerment of People of all Abilities is a crucial subject of national importance. 

It concerns playing with human lives and their safety. Hence, there cannot be any margin for error or any compromising.

Politicians and decision makers still injuriously believe that the architects and engineers in the building construction industry – they alone – are competent enough to ‘break barriers and establish a society inclusive to all’.

Just take a closer look at the facilities and parts of recently concluded public buildings highlighted earlier here. 

The reality proves that, in most cases, this thinking is a costly blunder causing colossal wastes of assets and added hazards to safety. 

 

The crucial role of an accessibility expert 

Accessibility experts need to perform a highly specialised job, yet under-estimated and unrecognised in Sri Lanka.  

It requires a good in-depth understanding of intricacies backed by adequate practical experience and thorough working knowledge on this subject that goes much far and beyond than what the university courses on architecture and civil engineering teach in Sri Lanka.

It is ‘not’ one where standards and specifications can be read and applied in vital tasks.   Only an experienced Accessibility Expert will know the utmost importance to consider (future) population demographics – which means the full range of functional abilities and practical needs – apart from the mere text-book knowledge from building codes, court orders and design standards.

 

Conclusion

Activity limitations and participation restrictions are now recognised internationally as a human rights issue, causing denial of the democratic rights to become equal partners in development programs.

No government has ever before, given any due recognition to the colossal waste marginalisation brings to this country, both socially and economically.

The five remedial measures proposed are practical, low cost and an imperative investment. The mission for Inclusive Society and its tasks – arm-chair pundits are sure to say is a Himalayan one – must fast track now on high priority basis. As Dr. Lee Jonk-wook, the then Director General of WHO said:

“The way a country treats its ‘ability restricted’ population and the true extent to which they are respected as fully-fledged citizens is a realistic internationally recognised measure of a country’s good governance, reflects its Human Rights image and a far more telling indicator and a sure test of society’s development than GDP.”

(Dr. Ajith C.S. Perera, a former senior manager in industry, was left instantly a paraplegic for life by a fallen wayside tree in 1992. By reason of this personal adversity he has bounced back to serve humanity as a fervent advocate of design for inclusion and safety – most importantly as a widely experienced and highly competent accessibility advisor and auditor – facts of which have been befittingly recognised even by reputed bodies overseas. For further information please see http://goo.gl/3FWyW.)