Post on 27-Mar-2015
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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