RELEVANCE OF DISABILITY LEGISLATIVE AND POLICY FRAMEWORKS TO THE TELECOMS INDUSTRY

DR. ADEBUKOLA ADEBAY (PhD)
Executive Secretary, Lagos Civil Society Disability Policy Partnership
(LCSDPP)
BEING A PAPER PRESENTED AT
A ONE-DAY CONFERENCE
ON INCLUSIVE AND ACCESSIBLE TELECOMS SERVICES IN
NIGERIA
HELD AT
SHERATON HOTEL
IKEJA, LAGOS.
DATE: 7TH MARCH, 2013

OUTLINE
· WHY ARE WE HERE?
· SCENARIOS OF EXCLUSION

· IMPLICATIONS OF EXCLUSION AND INACCESSIBILITY
· LEGISLATIVE AND POLICY RESPONSE
- UNITED NATIONS CONVENTION ON THE RIGHTS OF
PERSONS WITH DISABILITIES (UNCRPD)
 THE LAGOS STATE SPECIAL PEOPLE’s LAW 2011
· WHAT TELECOMMS COMPANIES CAN DO
· CONCLUSION
WHY ARE WE HERE?
We are here to discuss how over twenty five million (25,000,000) Nigerians
living with disabilities can begin to have equal and unhindered access to
telecoms services and substantial inclusion and participation in the telecoms
industry just as their non-disabled counterparts.
The UN, WHO and World Bank have, in various researches established that
at least 10% of human population at various geo-political levels (global,
continental, regional/sub regional, national local, etc) is constituted by
persons with disabilities (PWDs). However, this percentage rises up to 20%
in less developed countries due to high prevalence of diseases, violent
conflicts and low response to natural disasters; as well as inadequate access
by citizens to basic life needs: water, shelter, food, education primary health
care, social and economic infrastructure one of which is telecommunication
services and infrastructure.
Research findings have shown that failure to guarantee inclusion and access
of PWDs to basic social and economic services and infrastructure will
rapidly reverse the positive impacts of the numerous Corporate Social
Responsibilities and Initiatives embarked upon by corporate businesses and
organizations as well as policies and programmes of government at all
levels.
Several billions of dollars spent by Corporate Businesses and Governments
on education, ICT, health, gender and social inclusion, social infrastructure,
agriculture, climate change and environmental protection, etc will almost
amount to waste if more than 20% of the population are neglected.

SCENERIOS OF EXCLUSION
• Why give scholarship to PWDs when you can’t give them equal
employment opportunities?
• Why do we support school projects (classrooms, instructional
materials, etc) which can’t be used by children and youths with
disabilities?
• Why build public and school libraries which can’t be accessed and
used by those on wheel chairs, the blind the deaf, etc?
• Why do we build Corporate Headquarters and Customer-Care Centres
which can’t be accessed and used by those on wheel chairs, the blind,
the deaf, etc?
• Why do we support the building of roads, pedestrian bridges, jetties
and other public transport facilities which can’t be used by those on
wheel chairs, the blind, the deaf, etc?
• Why do we support youth and women empowerment,
entrepreneurship and employability skills development initiatives
without due considerations for the involvement and participation of
women and youths with disabilities?
• Why do we support primary health care programmes where women
and children with disabilities can’t be given proper treatment because
there are no accessible infrastructures and human capacity to do so.
• Why do we support sports development without extending same to the
provision of adaptive/special sports facilities for use by sports men
and women with disabilities who have won several laurels for the
country even more than their non-disabled counterparts?
• Why do we support music, art and other entertainment programmes
which exclude persons with disabilities?
ABOVE ALL!
• Why do we provide telecoms and other related services
(telephone, internet, etc) to the public without making due
accessibility provisions for all including persons with disabilities?
IMPLICATIONS OF EXCLUSION AND INACCESSIBILITY
Sustained exclusion and inadequate access of PWDs to basic social and economic
services and opportunities such as those provided by the telecoms industry will
lead to:
• At least 20% of the population in Nigeria with low productivity
with little or no income to afford basic life needs including
telecoms services. This situation is likely to rise to over 30% in the
next five to ten years with multiplier effects on immediate family
members especially where such PWDs have dependants.
Accordingly, telecoms market size will constantly shrink; leading
to market crises.
• Increase in the prevalence rate of disability due to worsening
conditions of natural disasters, diseases and violent conflicts will
reduce the quality and quantity of human resources. Exclusion of
PWDs from education and employment opportunities will worsen
the inevitable labour crises.
• Failure to guarantee inclusion and access for PWDs promotes
increase in poverty and worsening poverty levels increases
disability prevalence rate. With more PWDs faced with increasing
exclusion and inaccessibility, the society, the market, the economy
and the nation is the worse for it.

LEGISLATIVE AND POLICY RESPONSE
Disability issues are no longer reduced to charity. Disability issues are now strictly
social and human rights issues. This is because if you are not infected by disability,
you are affected by it just as HIV/AIDS, malaria, climate change, gender
discrimination, etc.
World leaders, Governments, Business and Civil Society Organizations have
realized the numerous significant social and economic benefits in guaranteeing and
sustaining inclusion and access for PWDs in all spheres of life.
Everyone has come to terms with the dangers of rendering over 20% of the world’s
population unproductive and dependent on others.
It’s a “win-win” situation for us all if PWDs are made productive members of the
society; contributing immensely to growth and development of businesses and
industry, government, education, technology, health, sports, arts and entertainment,
etc.
The UN, World Bank, International Development Agencies, Multinational
Corporations, developed nations, and even few developing nations are beginning to
provide legislative and policy responses to protect the rights of PWDs; making
them less dependent and more productive.
• UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS
WITH DISABILITIES (UNCRPD)

Nigeria has ratified and signed the UNCRPD and is obliged to ensure compliance
by its Ministries, Departments, and Agencies, state and local governments,
corporate business and civil society organizations to its provisions.
Key guiding principles of the UNCRPD include:
a) Respect for inherent dignity, individual autonomy including the freedom to
make one’s own choices, and independence of persons;
b) Non-discrimination;
c) Full and effective participation and inclusion in society;
d) Respect for difference and acceptance of persons with disabilities as part of
human diversity and humanity;
e) Equality of opportunity;
f) Accessibility;
g) Equality between men and women;
h) Respect for the evolving capacities of children with disabilities and respect for
the right of children with disabilities to preserve their identities.
Articles 9, 21 and 27 of the UNCRPD on “Accessibility; Freedom of expression
and opinion, and access to information; and, Work and employment” respectively
without prejudice to other sections of the Convention, are quite relevant to the
telecoms industry e.g. Employment of persons with disabilities in the private and
public sectors.

• THE LAGOS STATE SPECIAL PEOPLE’s LAW
While the Federal Government of Nigeria is on the verge of domesticating the
UNCRPD through an Act of the National Assembly, few States in Nigeria
including Lagos State have taken this noble initiative.
The Lagos State law is relevant to the telecoms industry because:
• More than 90% of telecoms service providers, operators and other
stakeholders have their corporate headquarters in Lagos State; and
• Lagos State hosts nearly 50% of the telecoms markets in Nigeria.
The Lagos State Special People’s Law 2011 substantially upholds the principles
and provisions of the UNCRPD.

WHAT TELECOMS COMPANIES CAN DO
• Develop and implement inclusive business policies which take cognizance
of the needs and interests of PWDs. There is need to include “Special
Indicators” in your Strategic business and management plans to guarantee,
track and monitor access and inclusion of PWDs in all aspects of your
business. Consulting with Disability groups is very important at this point.
• Ensure that all telecoms services and products are accessible, inclusive and
affordable to PWDs.
• Provide employment opportunities to qualified PWDs
• Make your work place environment (offices, equipments, personnel, etc)
accessible and inclusive.
• Make access and inclusive key criteria for planning and implementing all
Corporate Social Initiatives/responsibilities.
• Partner with Civil Society Organizations, the Media and Government to
conduct advocacies (public campaigns, public enlightenment, capacity building,
provision of assistive aids and technologies, fund raising, etc) in
order to promote access and inclusion for PWDs.
• Do you know you can deploy your recharge cards, SMS and other
advert/marketing instruments as Disability Advocacy Tools?

CONCLUSION
the commercial opportunities for mobile service providers, manufacturers and
smart phone application developers are significantly substantial, considering that
over 20% of Nigeria’s population, or over 25 million people, have a disability that
affects their access to modern communications, Senior citizens and people with
physical or mental disabilities are often unable to access mobile phones because
the equipment lacks the necessary accessibility features or because the price of the
adapted phones and services remain unaffordable.
It is therefore somewhat surprising that enhanced-accessibility should remain a
relatively undeveloped segment of the market. The good news is that the
technology to make mobile phones and services accessible is becoming more
developed and available.