I. EXCERPTS FROM UNITED NATIONS MANDATES ON PERSONS WITH DISABILITIES

A. General Assembly Resolution 3447(XXX). Declaration on the Rights of Disabled Persons (1975)

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6. Disabled persons have the right to medical, psychological and functional treatment, including prosthetic and orthotic appliances, to medical and social rehabilitation, education, vocational training and rehabilitation, aid, counselling, placement services and other services which will enable them to develop their capabilities and skills to the maximum and will hasten the process of their social integration or reintegration.

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B. United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993)

Introduction

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Purpose and content of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities:

13. The Standard Rules on the Equalization of Opportunities for Persons with Disabilities have been developed on the basis of the experience gained during the United Nations Decade of Disabled Persons (1983-1992). The International Bill of Human Rights, comprising the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women, as well as the World Programme of Action concerning Disabled Persons, constitute the political and moral foundation for the Rules.

14. Although the Rules are not compulsory, they can become international customary rules when they are applied by a great number of States with the intention of respecting a rule in international law. They imply a strong moral and political commitment on behalf of States to take action for the equalization of opportunities for persons with disabilities. Important principles for responsibility, action and cooperation are indicated. Areas of decisive importance for the quality of life and for the achievement of full participation and equality are pointed out. The Rules offer an instrument for policy-making and action to persons with disabilities and their organisations. They provide a basis for technical and economic cooperation among States, the United Nations and other international organisations.

15. The purpose of the Rules is to ensure that girls, boys, women and men with disabilities, as members of their societies, may exercise the same rights and obligations as others. In all societies of the world there are still obstacles preventing persons with disabilities from exercising their rights and freedoms and making it difficult for them to participate fully in the activities of their societies. It is the responsibility of States to take appropriate action to remove such obstacles. Persons with disabilities and their organisations should play an active role as partners in this process. The equalization of opportunities for persons with disabilities is an essential contribution in the general and worldwide effort to mobilize human resources. Special attention may need to be directed towards groups such as women, children, the elderly, the poor, migrant workers, persons with dual or multiple disabilities, indigenous people and ethnic minorities. In addition, there are a large number of refugees with disabilities who have special needs requiring attention.

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Rule 4. Support Services

States should ensure the development and supply of support services, including assistive devices for persons with disabilities, to assist them to increase their level of independence in their daily living and to exercise their rights.

1. States should ensure the provision of assistive devices and equipment, personal assistance and interpreter services, according to the needs of persons with disabilities, as important measure to achieve the equalization of opportunities.

2. States should support the development, production, distribution and servicing of assistive devices and equipment and the dissemination of knowledge about them.

3. To achieve this, generally available technical know-how should be utilized. In States where high-technology industry is available, it should be fully utilized to improve the standard and effectiveness of assistive devices and equipment. It is important to stimulate the development and production of simple and inexpensive devices, using local material and local production facilities when possible. Persons with disabilities themselves could be involved in the production of those devices.

4. States should recognize that all persons with disabilities who need assistive devices should have access to them as appropriate, including financial accessibility. This may mean that assistive devices and equipment should be provided free of charge or at such a low price that persons with disabilities or their families can afford to buy them.

5. In rehabilitation programmes for the provision of assistive devices and equipment, States should consider the special requirements of girls and boys with disabilities concerning the design, durability and age appropriateness of assistive devices and equipment.

6. States should support the development and provision of personal assistance programmes and interpretation services, especially for persons with severe and/or multiple disabilities. Such programmes would increase the level of participation of persons with disabilities in everyday life at home, at work, in school and during leisure-time activities.

7. Personal assistance programmes should be designed in such a way that the persons with disabilities using the programmes have a decisive influence on the way in which the programmes are delivered.

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II. TARGET AREAS FOR EQUAL PARTICIPATION

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(b) Access to information and communication

5. Persons with disabilities and, where appropriate, their families and advocates should have access to full information on diagnosis, rights and available services and programmes, at all stages. Such information should be presented in forms accessible to persons with disabilities.

6. States should develop strategies to make information services and documentation accessible for different groups of persons with disabilities. Braille, tape services, large print and other appropriate technologies should be used to provide access to written information and documentation for persons with visual impairments. Similarly, appropriate technologies should be used to provide access to spoken information for persons with auditory impairments or comprehension difficulties.

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10. States should ensure that new computerized information and service systems offered to the general public are either made initially accessible or are adapted to be made accessible to persons with disabilities.

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Rule 7. Employment

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3. States' action programmes should include:

(a) Measures to design and adapt workplaces and work premises in such a way that they become accessible to persons with different disabilities;

(b) Support for the use of new technologies and the development and production of assistive devices, tools and equipment and measures to facilitate access to such devices and equipment for persons with disabilities to enable them to gain and maintain employment;

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Rule 21. Technical and economic cooperation

States, both industrialized and developing, have the responsibility to cooperate in and take measures for the improvement of the living conditions of persons with disabilities in developing countries.

1. Measures to achieve the equalization of opportunities of persons with disabilities, including refugees with disabilities, should be integrated into general development programmes.

2. Such measures must be integrated into all forms of technical and economic cooperation, bilateral and multilateral, governmental and non-governmental. States should bring up disability issues in discussions on such cooperation with their counter-parts.

3. When planning and reviewing programmes of technical and economic cooperation, special attention should be given to the effects of such programmes on the situation of persons with disabilities. It is of the utmost importance that persons with disabilities and their organizations are consulted on any development projects designed for persons with disabilities. They should be directly involved in the development, implementation and evaluation of such projects.

4. Priority areas for technical economic cooperation should include:

(a) The development of human resources through the development of skills, abilities and potentials of persons with disabilities and the initiation of employment-generating activities for and of persons with disabilities;

(b) The development and dissemination of appropriate disability-related technologies and know-how.

5. States are also encouraged to support the formation and strengthening of organizations of persons with disabilities.

6. States should take measures to improve the knowledge of disability issues among staff involved at all levels in the administration of technical and economic cooperation programmes.

Rule 22. International cooperation

States will participate actively in international cooperation concerning policies for the equalization of opportunities for persons with disabilities.

1. Within the United Nations, the specialized agencies and other concerned intergovernmental organizations, States should participate in the development of disability policy.

2. Whenever appropriate, States should introduce disability aspects in general negotiations concerning standards, information exchange, development programmes, etc.

3. States should encourage and support the exchange of knowledge and experience among:

(a) Non-governmental organizations concerned with disability issues;

(b) Research institutions and individual researchers involved in disability issues;

(c) Representatives of field programmes and of professional groups in the disability field;

(d) Organizations of persons with disabilities;

(e) National coordination committees.

4. States should ensure that the United Nations and the specialized agencies, as well as all intergovernmental and interparliamentary bodies, at global and regional levels, include in their work the global and regional organizations of persons with disabilities.

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C. Agenda for Action for the Asian and Pacific Decade of Disabled Persons, 1993- 2002 (1993)

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Assistive devices

(a) National support for the development of regional cooperation on assistive devices through:

• Identification of national resources employed for the production of assistive devices;
• Development of a roster of national experts on assistive devices, including low-cost ones;
• Inventorization of items produced within the country to facilitate the promotion of intra-regional trade in appropriate assistive devices;

(b) Formulation of a national plan on assistive devices covering overall needs assessment, appropriateness and sustainability, production, import needs and export potential, innovation, distribution, repair and maintenance, and training;

(c) Improvement of the availability of services and equipment for field assessment of needs for assistive devices, as well as expertise for the correct fitting of assistive devices;

(d) Provision of policy and programme support for research and development (R and D) activities emphasizing the application of new technologies to improve the availability of assistive devices that are durable, repairable by local artisans/technicians, and attractive;

(e) Development of information exchange among R and D institutions, personnel (e.g., rehabilitation engineers, applied science researchers), consumers (i.e., people with disabilities), production workshops (e.g., artisans, mechanics, prosthetic/orthotic/orthoptic technicians) and distribution channels (e.g., non-governmental organizations, business firms, schools, social welfare departments, hospitals and health centres);

(f) Documentation of user experience with locally-produced and imported assistive devices and materials (e.g., appropriateness, local adaptations, costs, factors pertaining to production and distribution) to facilitate R and D, and the promotion of intra-regional trade in appropriate assistive devices;

(g) Organization of a programme for the training of a national corps of trainers in the production of assistive devices;

(h) Support for training through, inter alia, the establishment of national standards of technical expertise, conduct of refresher courses and examinations, issuance of technical diplomas, as well as maintenance of a national roster of experienced trainers;

(i) Establishment of programmes (e.g., observation and dissemination of graphic materials and models) to encourage mechanics, technicians and artisans in the use of their skills for the production, maintenance and repair of assistive devices at the local level;

(j) Assistance to community-level bodies and groups, especially low income groups, to obtain assistive devices (e.g., through the provision of revolving loan funds, use of donated funds to provide partial subsidies), in recognition of the additional costs of disability to the individual.

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D. Targets and Recommendations for Implementation of the Agenda for Action for the Asian and Pacific Decade of Disabled Persons (1996)

The following is excerpted from

Section 10 on "Assistive devices" of the Report of the Meeting to Review the Progress of the Asian and Pacific Decade of Disabled Persons, 1993-2002, Bangkok, 26-30 June 1995.

Critical issues

The lack of assistive devices prevents the majority of people with disabilities in rural areas from participating fully in community activities. There is a great need for low-cost and high-quality assistive devices that are suitable for local conditions.

Persons with disabilities, particularly those in the rural areas, are not aware of the full range of assistive devices that are available, their functions and costs, as well as the opportunities that they open up. The limited supply of affordable appropriate devices and the lack of awareness of the devices means that few are able to benefit from the devices.

Furthermore, there is considerable duplication of effort in terms of development of assistive devices, as there is little communication among NGOs and the public sector corporations which produce assistive devices.

Duties and taxes on assistive devices constitute a very small portion of the income for Governments, but are a heavy burden on persons with disabilities. The imposition of duty on assistive devices hinders its cross-border distribution and the expansion of the market for these devices. There are some assistive devices for disabled persons which are also useful for elderly persons and convenient for non-disabled persons. At present, individuals and NGOs experience great difficulty and delay in clearing such goods through customs.

Targets

10.1 Establishment, by 1998, of national criteria and a subsidy scheme to provide assistive devices as well as repair and maintenance services to all disabled persons who meet the criteria, with due attention to the needs of women and girls with disabilities.

10.2 Exemption, by 1998, of customs and other duties on the import of assistive devices, as well as components, materials and equipment for their production, repair and maintenance.

10.3 Simplification through preferential treatment, by 1998, of customs clearance procedures for the import and export of assistive devices, as well as components, material and equipment for their production, repair and maintenance.

10.4 Increase of availability, by 1998, of assistive devices, and repair and maintenance services.

10.5 Introduction, by 1998, of government schemes to actively encourage NGOs and private entrepreneurs through tax incentives and subsidies for indigenous production and servicing of assistive devices.

Recommendations

(1) Resource centres may be established to conduct research and development of assistive devices and to display different models and types of assistive devices, which persons with disabilities may visit to test, try and choose those which are suitable for them.

(2) Information in the form of videotapes and pamphlets on assistive devices may be widely disseminated.

(3) Channels for the distribution of assistive devices may be established through government agencies, NGOs and CBR programmes to reach the maximum number of persons with disabilities.

(4) Relevant government agencies and accredited NGOs may be granted exemption of duty imposed on items for general and specific use which are required by persons with disabilities.

(5) Encourage research and advanced training institutions for technology, engineering and allied sciences to collaborate with NGOs and CBR programmes, to develop and improve upon assistive devices that can broaden training and employment opportunities for people with disabilities.

E. Gender Dimension of Implementation of the Agenda for Action for the Asian and Pacific Decade of Disabled Persons (1996)

Critical issues

Women and girls with disabilities in every community, whether urban or rural, whether in a developed or a developing country or area in the ESCAP region, experience triple discrimination: from being female, disabled and poor. Discrimination and prejudice prevail even within each of those groups. Among women, the disabled woman is seen as inferior; among people with disabilities, she is not an equal. Thus women with disabilities are among the most isolated, marginalized and poorest of people.

They are likely to receive less care and food and be left out of family interactions and community activities. They also have less access to health care and rehabilitation services, fewer opportunities to be educated and employed and little hope of marriage. They will be more vulnerable to physical and psychological abuse.

All actions to improve the status of disabled persons do not always benefit women and girls with disabilities equally. If the Asian and Pacific Decade of Disabled Persons, 1993-2002, is to make a difference for women and girls with disabilities in the region, greater attention must be given to the issues faced by them and to increasing their capacity to participate in the local-, national- and international-level implementation of the Agenda for Action.

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10. Assistive devices

Strategic objective:

To increase the availability of assistive devices for women and girls with disabilities.

Action to be taken:

10.1 Promote the production and distribution of assistive devices which are appropriate for women and girls with disabilities and ensure that they have equal access to existing subsidies and concessions.

Action by: Governments and NGOs involved in the production and distribution of assistive devices.

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II. EXCERPTS FROM INTERNATIONAL TRADE AGREEMENTS

A. Florence Agreement on the Importation of Educational, Scientific and Cultural Materials

The Florence Agreement on the Importation of Educational, Scientific and Cultural Materials was approved by the General Conference of the United Nations Educational, Scientific and Cultural Organization at its fifth session, held at Florence, Italy, from 22 May to 17 June 1950. The Agreement was opened for signature at Lake Success, New York, on 22 November 1950. Those developing countries of the Asia-Pacific region which are among its signatories are listed in the table below.

Asian and Pacific Developing Country Signatories of the Florence Agreement
R=ratification, S=succession, A=acceptance

Preamble

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2. The contracting States which at any time apply quantitative restrictions and exchange control measures undertake to grant, as far as possible, foreign exchange and licenses necessary for the importation of other educational, scientific or cultural materials, and particularly the materials referred to in the annexes to this Agreement.

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Annex E

(i) Books, publications and documents of all kinds in raised characters for the blind.

(ii) Other articles specially designed for the educational, scientific or cultural advancement of the blind, which are imported directly by institutions or organizations concerned with the welfare of the blind, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles.

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B. Nairobi Protocol to the Agreement on the Importation of Educational, Scientific and Cultural Materials

The Nairobi Protocol to the Agreement on the Importation of Educational, Scientific and Cultural Materials was adopted in the Report of Programme Commission II at the thirty-fourth plenary meeting on 26 November 1976. "The Agreement" refers to the Florence Agreement, excerpted above.

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1. The contracting States undertake to extend to the materials listed in Annexes A, B, D and E and also, where the annexes in question have not been the subject of a declaration under paragraph 16(a) below, Annexes C. 1, F, G and H, to the present protocol exemption from customs duties and other charges on, or in connexion with, their importation, as set out in Article I, paragraph 1, of the Agreement, provided such materials fulfil the conditions laid down in these annexes and are the products of another contracting State.

2. The provisions of paragraph 1 of this protocol shall not prevent any contracting State from levying on imported materials:

(a) internal taxes or any other internal charges of any kind, imposed at the time of importation or subsequently, not exceeding those applied directly or indirectly to like domestic products;

(b) fees and charges, other than customs duties, imposed by governmental or administrative authorities on, or in connexion with, importation, limited in amount to the approximate cost of the services rendered, and representing neither an indirect protection to domestic products nor a taxation of imports for revenue purposes.

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3. Notwithstanding paragraph 2 (a) of this protocol, the contracting States undertake not to levy on the materials listed below any internal taxes or other internal charges of any kind, imposed at the time of importation or subsequently:

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(f) articles for the blind and other physically and mentally handicapped persons:

(i) books, publications and documents of all kinds in raised characters for the blind;

(ii) other articles specially designed for the educational, scientific or cultural advancement of the blind and other physically or mentally handicapped persons which are imported directly by institutions or organizations concerned with the education of, or assistance to the blind and other physically or mentally handicapped persons approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles.

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4. The contracting States undertake not to levy on the articles and materials referred to in the annexes to this protocol any customs duties, export duties or duties levied on goods leaving the country, or other internal taxes of any kind, levied on such articles and materials when they are intended for export to other contracting States.

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VII

9. Nothing in this protocol shall affect the right of contracting States to take measures, in conformity with their legislation, to prohibit or limit the importation of articles, or their circulation after importation, on grounds relating directly to national security, public order or public morals.

10. Notwithstanding other provisions of this protocol, a developing country, which is defined as such by the practice established by the General Assembly of the United Nations and which is a party to the protocol, may suspend or limit the obligations under this protocol relating to importation of any object or material if such importation causes or threatens to cause serious injury to the nascent indigenous industry in that developing country. The country concerned shall implement such action in a non-discriminatory manner. It shall notify the Director-General of the United Nations Educational, Scientific and Cultural Organization of any such action, as far as practicable in advance of implementation, and the Director-General of the United Nations Educational, Scientific and Cultural Organization shall notify all parties to the protocol.

11. This protocol shall not modify or affect the laws and regulations of any contracting State or any of its international treaties, conventions, agreements or proclamations, with respect to copyright, trade marks or patents.

12. Subject to the provisions of any previous conventions to which they may have subscribed for the settlement of disputes, the contracting States undertake to have recourse to negotiation or conciliation with a view to settlement of any disputes regarding the interpretation or the application of this protocol.

13. In case of a dispute between contracting State relating to the educational, scientific or cultural character or imported materials, the interested parties may, by common agreement refer it to the Director-General of the United Nations Educational, Scientific and Cultural Organization for an advisory opinion.

23. Annexes A, B, C.1, C.2, D, E, F, G and H are hereby made an integral part of this protocol.

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Annex E

Articles for the blind and other handicapped persons:

(i) All articles specially designed for the educational, scientific or cultural advancement of the blind which are imported directly by institutions or organizations concerned with the education of, or assistance to, the blind, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, including:

(a) talking books (discs, cassettes or other sound reproductions) and large-print books;

(b) phonographs and cassette players, specially designed or adapted for the blind and other handicapped persons and required to play the talking books;

(c) equipment for the reading of normal print by the blind and partially sighted, such as electronic reading machines, television-enlargers and optical aids;

(d) equipment for the mechanical or computerized production of braille and recorded material, such as stereo-typing machines, electronic braille, transfer and pressing machines, braille computer terminal and displays;

(e) braille paper, magnetic tapes and cassettes for the production of braille and talking books;

(f) aids for improving the mobility of the blind, such as electronic orientation and obstacle detection appliance and white canes;

(g) technical aids for the education, rehabilitation, vocational training and employment of the blind, such as braille watches, braille typewriters, teaching and learning aids, games and other instruments specifically adapted for the use of the blind.

(ii) All materials specially designed for the education, employment and social advancement of other physically or mentally handicapped persons, directly imported by institutions or organizations concerned with the education of, or assistance to, such persons, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, provided that equivalent objects are not being manufactured in the importing country.

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C. Report of the Standing Committee of the Bangkok Agreement on its Fourteenth Session

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The fourteenth session of the Standing Committee of the Bangkok Agreement was held at Bangkok from 20 to 22 December 1993.

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Item 9. Other matters

(c) Possible reduction and/or exemption of customs duties on equipment, materials and parts used by disabled persons

36. The ESCAP secertariat circulated a preliminary list of assistive devices for the daily living of people with disabilities and informed the Committee that, upon finalization of the list, the secretariat would provide each item on the list with the corresponding HS (Harmonized System) code, which would be circulated to the members.

37. The members expressed appreciation of the innovative proposal made by the ESCAP secretariat, which had a strong socio-economic objective and could help in promoting the Bangkok Agreement.

38. The Committee noted that, in Sri Lanka and the Republic of Korea, there was already a duty exemption scheme on a case-by-case basis on items used by disabled persons. It also noted that such a scheme would be particularly useful for war-ravaged economies such as that of Afghanistan.

39. The members confirmed their full support in principle for the proposal and requested the ESCAP secretariat to provide them with the complete list as soon as possible.

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Economics and Social Commission for Asia and the Pacific
Production and distribution of assistive devices for people with disabilities: Supplement2
- Chapter 1&2 -

Printed in Thailand
November 1997 1,000

United Nations Publication
Sales No. E.98.II.F.7
Copyright © United Nations 1997
ISBN: 92-1-119775-9
ST/ESCAP/1774