Sunday Times 2

For nearly a decade , we have heard politicians and bureaucrats talk ebulliently of ‘Access to safe and secure built environments for all’, ‘Social integration and inclusion than exclusion’, ‘Making Sri Lanka a truly dis-abled friendly country’ and ‘Integration of those with restricted ability into society for full participation in all spheres of daily life as useful and equal partners’.

What matters most is: ‘After ten years, have they become a meaningful reality to any significant degree?’

Issues concerned above, although the measures required achieving them are low-cost and easily feasible; many remain inept and hence, still ….., are unresolved.

Pity we are yet to solve or even recognise truly this aggravated social and economic issues that plague Sri Lanka further in untold proportions and shatter the quality of productive lives of more than 20% of the population with restricted ability – that is more than four (4) million precious lives.

Prince Charles listens enthusiastically to accessibility activist Dr. Ajith C. S. Perera (also inset) of his crusade for an inclusive and accessible Sri Lanka for all, during the CHOGM

When resolved they pave the way, enabling built environments that ensure everyone can live with all others as productive fully fledged citizens, with dignity, security and safety, enjoying their inherent right to access without physical, social and attitudinal hindrances.

But…… to what extent are the key parts of new and renovated buildings — despite being given ‘certificate of conformity’ by the local authorities — safe and barrier-free to access in conforming to design standards and complying with laws and court orders? [Please see below]

Who will benefit – how and why?

We, inevitably, undergo a process of decay and also often meet at some time in life a natural or man-made disaster or numerous debilitating conditions which rob and restrict our ability to attend to day-to-day activities.

However, everyday activities should not become a daunting task to accomplish.

Ability to access, hence, is a crucial issue for EVERYONE. It is also becoming indispensable as the world population ages and increasing numbers of people with restricted abilities demand their inherent right – equal access to social, political and economic life.
For them, access to information, technology and communication is as important as the ability to use an elevator, enter a building, use safely with ease a toilet or easily use a device, regardless of the degree of their ability.

Where are we now? – The reality

At the Supreme Court hearing of the petition SC:FR 221/2009 on 17 June 2013, Deputy Solicitor General Sanjay Rajaratnam presented a copy of the circular MSS/7/8/ACC issued by the Ministry of Social Services on October 4, 2012 and revealed that “although a long time has passed since issuing accessibility regulations, still, public buildings are constructed without accessibility facilities…..”.
It is well over a year since this comprehensive circular was sent with foresight to ALL ministries and provincial ministries.
Still, we witness the majority of new and renovated public buildings NOT complying with standards, legislation and court orders and the others in bits and pieces – toilets being the worst affected.

When designs are faulty or fulfilled partially, it only reveals inadequate understanding and lack of practical knowledge on this vital subject even by many reputed professionals in the building industry. They thereby not only waste resources but also create unwanted safety hazards and further barriers. [See (iii) and (viii) under root causes]

A malady of national importance

When we disregard conformity with laws and standards and compliance with court orders, buildings end-up DIS-ABLING.
Dis-Abling building parts create safety hazards. They exclude people from participating fully and effectively as equal members of society.

Reputed hospitals and hotels in Colombo with their new constructions and after renovations, and, places of higher education, contribute most to this national debacle.

Leaving these issues unresolved is a growing threat to the economic and social development of our country and the quality of people’s lives. Sri Lanka can no more remain inept to such tragedy!

Eight root causes of this debacle – banish them.

(i). Even after eight years, we have failed to establish an overall mechanism for the effective enforcement and implementation of these laws and orders by the apex court or prevent issuing of ‘C.O.C’s to such illegal buildings.

Hence violators go free; victims are stranded and must either plead and earn the goodwill of violators or suffer further!

(ii). Since 2009, even the revised set of accessibility regulations has been stuck in the drawers of the legal draftsman.

(iii). The professionals in the construction industry and the building owners/tenants fail to recognise and respect their legalobligations, moral duty and social responsibility.

(iv). They remain ignorant to the inevitable diversity in human ability. They also lack adequate practical knowledge and competence on designing for inclusion and seldom seek the advice and guidance of accessibility experts. [See (viii) below.]

(v). Still, most decision makers are ignorant of the fact that legislation recognises ‘a public building’ as any Government or Private Sector Building used by the public in daily life. More than 70% of such buildings belong to the private sector.

(vi). Compliance by the private sector although is equally mandatory, there is no mechanism established for the Government to communicate with them.

Six months have passed and still……., the Attorney General is wondering how to implement the SC ruling of 17 June 2013 and get the Private Sector to comply with accessibility standards and facilitate social integration.

(vii). Short-sightedness of the previous regime has misled us to believe that establishing accessibility throughout the country is the responsibility of the Social Services Ministry. This is not at all feasible practically. Then…

Whose responsibility? – But the Supreme Court rulings have clearly stated who are responsible for establishing barrier-free accessibility for all.

The team comprising designers, builders, building owners (which means that heads of each and every Ministry, Department, Institution and Organisation owning that building / facility) as well as those empowered to authorise plans and issue certificates of conformity, shall be equally responsible for compliance.

(viii). Politicians and decision makers still believe that the professionals in the building construction industry are competent enough to ‘break barriers and open doors to establish a society inclusive and accessible to all’. But……, reality proves again, and again that, in most cases, this thinking is a costly blunder.

Waste resources no more

Complying with standards to ensure accessibility with safety is a much specialised job. It is not one where standards and specifications can be read and easily applied. Often it causes waste and added hazards to safety.

It requires guidance and advice backed by specific practical experience and thorough working knowledge on this subject — a rare commodity indeed!

There also must be a system independently to audit compliance at built environments, not in bits and pieces but in full.
At a time we are in full swing to promote tourism industry and provide basic health and higher education for all, this is a high priority in the hotel industry and in the hospital and higher education sectors.

Towards a Suba Anagathayak – Fast track action.

As President Mahinda Rajapaksa revealed last October at the WSA World Summit here, our vision is ‘SMART Sri Lanka’. To make this he spoke of a shift ensuring ‘access to basic services and an inclusive society’.

The vision 2010 of the President recognises: “Accessibility is particularly important for vulnerable groups for making Sri Lanka a truly dis-Abled friendly country – free of physical, social and attitudinal barriers”.

The Government’s policy, (the vision 2010 page 192) aims to mobilise persons with restricted ability, empower and integrate them into society as useful and equal partners.

The orders issued again by the Supreme Court on June 17, 2013 state: “Ensure that those with restricted ability are given every opportunity to integrate freely with the community”.

Plans are also in place to make Sri Lanka the centre of excellence in tourism management and development in the region.

For these to happen……, require authorities in all fields, hospitality, health and education in particular, to wake up and think of their moral duty to fast track rightly: Barrier-free inclusive and accessible society for all.