音声ブラウザご使用の方向け： SKIP NAVI ／ GOTO NAVI

CHAPTER III

LOCAL-LEVEL ACCESS LEGISLATION AND POLICY PROVISIONS


A. Hong Kong (1)

1. Introduction

The total land mass of Hong Kong is about 1,070 square kilometres. The population is approximately 5.6 million (mid-1987 estimate). There are 1.5 million households. Fifty one per cent of the population live in private housing, 41 per cent in public housing and about eight per cent in temporary housing. Steep terrain has shaped urban development into highly congested configurations along shorelines and in valleys. Parts of Kowloon are among the most crowded places in the world.

Residential and commercial buildings in Hong Kong are mainly high-rise structures entered from narrow footpaths and small entrance halls. An average 30-storey apartment block houses up to 240 living units and a standard housing estate contains about 50 of these high-rise blocks, housing roughly 12,000 families. Office, factory and warehouse space is also largely in high-rise 10 to 50 storey buildings; access to these buildings is difficult for persons with disabilities and elderly persons.

Comprehensive statistics on the disabled population of Hong Kong are not available. In 1983, a Central Registry of Disabled Persons was set up and computerized by the Government to collect data systematically all over the territory. The data in June 1987 showed that 93,391 disabled persons were registered, but the estimated figure is as high as 435,800.

2. The background to access legislation

In September 1968 the International Society for Rehabilitation of the Disabled held its fourth conference entitled "Pan Pacific Rehabilitation". It was hosted by the Joint Council for the Physically and Mentally Handicapped of the Hong Kong Council of Social Services. The then Director of Public Works chaired the meeting on access, which was attended by eminent academics in the field of architecture. A committee was subsequently set up to advise the Director of Public Works on formulating and implementing a draft "Code of Practice for Design Requirements for Disabled Persons". After considering information on access codes from around the world, the committee decided that the Hong Kong Code should be simple and include only the minimum requirements for sports complexes, public entertainment venues and hotels. Domestic buildings would not be covered by the draft Code. Private sector architecture firms did little by way of implementation. The Code was adopted as national legislation in June 1976. A ten-year Programme of Rehabilitation Plan was also completed in 1976 and a White Paper entitled "Integrating the Disabled into the Community: A United Effort" was published in 1977 to encourage an integrated government and private sector approach to rehabilitation. Subsequent to the publication of the White Paper, a Rehabilitation Development Coordinating Committee was commissioned by the Governor of Hong Kong to advise on the overall development of rehabilitation services and policies. The Committee has three sub-committees which focus on rehabilitation, access and transport.

In 1978, difficulties were noted in the non-compulsory implementation of the Code of Practice, particularly in the private sector, and the Hong Kong Institute of Architects recommended that compliance should be made mandatory. The Director of Building Development later set up a committee to review the Code of Practice, the final document of which was approved in December 1983. It took another year and a recommendation from the Attorney General to ensure that the obligatory design requirements in the Code had been included as amendments to various building regulations. The current Code of Practice is only two and a half pages long.

3. The current situation

(a) Legislation

A mandatory Code on Casual Access for the Disabled has been in place since 1 August 1985. It has been criticized by private sector architects. Public sector buildings which had been constructed prior to August 1985, and to which the mandatory code has not yet been applied, will be systematically adapted. Since 1986, a budget of HK$600,000 has been allocated yearly for modification of 40 public buildings per year. These include post offices, immigration offices, markets, community halls, youth centres and clinics. From 1989, with a budget increase of up to HK$1.5 million, 100 government buildings could be modified to have, at the very minimum, wheelchair-accessible toilets with handrails and grab bars.

(b) Implementation

In 1987, the Can Access Committee of the Canadian Club and the Canadian Chamber of Commerce in Hong Kong published an access information guide entitled "A Guide for Physically Handicapped Visitors and Residents of Hong Kong". The guide is comprehensive. It lists over 200 premises which are accessible for disabled persons. These include hotels, shopping centres, cinemas, consulates, leisure, cultural and recreational areas, places of worship, libraries and museums. The guide also provides information on transport alternatives for persons with disabilities.

In recent years, complaints from disabled persons about the misuse of access facilities have multiplied. Toilets for disabled persons have invariably been found locked. They are frequently used as store rooms. In some instances, access facilities for disabled persons are usable only when a government surveyor makes an inspection visit and calls for remedial action to be taken. Lack of sufficient financial resources makes it almost impossible to follow up on these cases.

In 1989, the Rehabilitation Division, Government Secretariat, and the Hong Kong Institute of Architects developed a "Design Award for the Most Accessible Building for Disabled Persons in Hong Kong" to encourage architects to implement the Code and to increase public awareness.

(c) Constraints on access improvement

Land space in Hong Kong is expensive, approximately HK$20,000 per square metre. However, the extra costs of providing handrails, easy access toilets and permanent ramps is small in comparison. Architects have to follow codes on building regulations, plot ratios, fire exits, wind effects and height limitations. They are reluctant to adhere to extra sets of codes and regulations which they view as further restraints on their creativity. The fine details involved in designing barrier-free access to car parks, ramps and toilets are often considered "insignificant" in multi-million dollar projects.

Negative attitudes translate into physical obstacles to access. For example, many conclude that persons with disabilities might not be able to escape if a fire were to break out in a building and therefore they should not be allowed access to buildings at all.

(d) Access to transport for disabled persons

To meet the transport needs of the people of Hong Kong, a variety of vehicles is available. These include 6,385 mostly double-decker public buses, 4,340 14-seater light public buses and 16,723 taxis. None of these modes of transport is accessible for wheelchair users or for people with mobility problems.

  1. Trains. The underground Mass Transit Railway (MTR), in operation since 1973, has trains running at a frequency of one every three minutes and serves 37 stations in the densely populated areas. Before construction of the MTR, the Joint Council for the Physically and Mentally Disabled made several attempts to convince authorities to include access plans for disabled persons. The Chairman of the Disabled Access Committee of England actively supported these endeavours which all ended in disappointment. Recent developments saw the construction and opening of the Light Rail Transit system operating between two new towns in the New Territories with access for all disabled persons.
  2. Buses. The Government set up a Working Party on Transport for the Disabled in September 1974. A set of recommendations was developed in 1975 which proposed a system of eight to 14-seater minibuses on fixed routes, with a reservation system allowing for diversion to homes, work places, as well as medical, shopping and educational centres. The Access Committee of the Joint Council began this proposal with a six-month pilot project and a few minibuses. It was found to be highly popular and the trial period was later extended for a further six months. In June 1978, the service was fully established. It is now known as the Rehabus system.
    The Hong Kong Society for Rehabilitation now manages the Rehabus system. The buses, all equipped with tail-lifts, run 25 routes carrying over 300 passengers every day. A waiting list of over 100 disabled persons means that there is a great need to expand the system. Several appeals led the Secretary of Transport to recently confirm that at least 15 new routes will be added to the Rehabus system over the next five years.
  3. Ferries. Recent modifications to the ferries running between Hong Kong Island and Kowloon Peninsula has guaranteed access for all disabled persons.
  4. Taxis. As an experiment to assist persons with disabilities, the large London taxi-cab was introduced to the streets of Hong Kong in 1987. The experiment proved to be a failure. The London cab looked out of place in Hong Kong taxi ranks and it was unpopular with other taxi drivers. Vast numbers of logos on the cab discouraged non-disabled passengers from using it, while access for wheelchairs was not particularly easy.
    In April 1987, the Working Party on Transport Needs for the Disabled set up a Taxi Voucher Scheme to provide subsidy vouchers worth HK$55 per month for disabled persons who were unable to use other modes of public transport. The scheme functioned until April 1988. It too was unsuccessful. Vouchers were viewed as cumbersome and inconvenient by drivers and passengers. A survey revealed that almost 85 per cent of the participants experienced hostility and/or rejection when they offered vouchers to taxi drivers. Participants were therefore reluctant to use the vouchers. Most participants said they would not want the scheme to continue unless the vouchers could be replaced with a cash subsidy.
  5. Cars. In 1992, the Transport Department took over responsibility from the Social Welfare Department for the transport of disabled persons. It authorizes concessionary rates for disabled drivers, free parking and the duty-free import of some modified vehicles.

(e) Roads and walkway access for persons with disabilities

A Working Group on the Construction of Highway Facilities for the Disabled was formed by the Rehabilitation Development Coordinating Committee's Access and Transport Sub-Committee in 1984. The Working Group was to examine proposals aimed at making highway facilities accessible for disabled persons. They were to identify existing areas with inadequate facilities as well as advise on the type of facilities required.

In 1987, in conjunction with the Transport Department, the Working Group drafted a new chapter for the "Transport Planning and Design Manual on Facilities for the Disabled". The Manual highlighted road/walkway design considerations for persons with disabilities. These included prerequisites for dropped kerbs, tactile strips, audible signals at crossings, on-street parking for wheelchair-user drivers, fencing for roadworks on footpaths and guides for visually-impaired persons.

Elevated footbridges are a common sight in Hong Kong, especially in central business areas. Escalators and steps are sometimes installed on the exceptionally high footbridges. Ramps are not provided, perhaps because it is felt that they would take up prime commercial space.

The Working Group has suggested the installation of vertical lifts in strategic city locations. Government departments have so far opposed this idea and expressed concern over maintenance, misuse and vandalism. In an experiment funded by the Royal Hong Kong Jockey Club, two vertical lifts have been installed in Hong Kong's central business area.

Mandatory facilities for access to buildings cannot be fully utilized if the street environment is not equally accessible. Until the Highway Code corresponds with progress made in the Building Code, the external environment in Hong Kong will remain largely inaccessible and progress towards a barrier-free environment will be insignificant. Bureaucratic barriers must be eliminated if a barrier-free environment in Hong Kong is to be realized.

4. Conclusion

Most buildings in Hong Kong are now accessible for disabled people. However, in order that these facilities are fully utilized, then the streets, the external environment serving these buildings, must be equally accessible. Unfortunately there exists no statutory requirements for highway systems to be constructed to be equally convenient for disabled people. The external environment of Hong Kong will remain largely inaccessible and advances in barrier-free environment will be insignificant until a Highway Code obtains similar status as the Building Code, thus ensuring that all facilities are accessible to each member of the community. Until most of the bureaucratic barriers are eliminated, the hope of a barrier-free environment for Hong Kong remains distant.



B. Indonesia (2)

1. Introduction

The Government of Indonesia is committed to improving the quality of life of its population. Fast population growth in Indonesia means a continuous need for more living space, accommodation and urban services. The Department of Social Affairs estimates that approximately 10 per cent of Indonesia's 190 million population are persons with disabilities. Projections show that there will be approximately 14.2 million elderly people in Indonesia by 1998.

With the help of external financial aid, the Government of Indonesia has been able to address some of these problems and implement programmes of assistance to solve them. Efforts have so far focused on public housing development and the general improvement of each district. Access legislation and policy provision for persons with disabilities and elderly persons is a relatively new area of concern. So far, little effort has been put into creating barrier-free environments.

Although there is no clear data available, it would seem that the majority of disabled persons in Indonesia is of low-income status. There are very few public facilities in Indonesia which can accommodate persons with disabilities and elderly persons. Rehabilitation and education are emphasized in existing development programmes for persons with disabilities. It is hoped that this will enable them to improve their quality of life and their financial position. Programmes for elderly persons focus on the provision of accommodation with live-in care.

2. Legislation

The Ministry of Public Works, the Ministry of Home Affairs and the National Development Planning Board coordinate with regional and provincial government offices to formulate policies and legislation for sectoral urban planning. The Ministry of Finance, and the Ministry of Population and Environmental Affairs play a less specific role but are involved indirectly.

Provincial government offices are relatively autonomous and responsible for overall planning, guidance and allocation of resources. Activities are implemented through branch offices and reports are made to sectoral departments as the "top-down" component of the planning system.

All planning activities are coordinated by Regional Planning Boards which are now being established in every province. Regional Planning Boards are responsible for planning local government and centrally financed development programmes. They are required to prepare annual and multi-year development plans which set priorities for development opportunities and allocate resources. Each local government office is responsible for proposals to improve services to its citizens and for the implementation of urban development projects through a Town Planning Office. Policies and legislation for persons with disabilities are implemented by a team consisting of representatives from various ministries. Based on proposals from the team, local government offices can apply for consent from the Regional House of Representatives to establish regional legislation.

The Organization for Blind People, the Association for Persons with Disabilities, the Deaf People's Movement and several other organizations have submitted proposals to the Regional House of Representatives but, so far, no local-level legislation on barrier-free environments has been introduced.

3. Buildings, roads, and employment for persons with disabilities

(a) Public and residential buildings

No national building regulations exist. Most local authorities issue their own regulations governing building largely based on those inherited from the Dutch colonial era. A draft "National Building Regulations" paper has more or less been dormant since 1968. The draft sets a number of prerequisites for buildings, building materials, the granting of building permission and the construction of water and sewerage facilities. It does not include any stipulations concerning access for persons with disabilities or elderly persons.

In 1987, the Ministry of Public Works issued a decree on building construction standards, incorporating a building construction code. The decree does not cover persons with disabilities and appears to recycle earlier, informal papers produced by the same Ministry. Building regulations under the code are determined as local by-laws. This limits them to the administrative boundary of each provincial authority. Penalties for non-compliance with the code vary, usually a fine or prison sentence. Detailed construction principles, basic structural design, dimensions and suitable materials are encompassed in each local by-law on building.

(b) Building permission

District offices, which supervise construction work, can issue building permits. Each province has district policies for issuing building permits. Applicants for permits must show valid documents, including those for land titles, property tax, spatial plans, architectural drawings and the credentials of the proposed architects and construction workers.

Some permit applicants receive development advice on building size, floor size and parking space. Site inspections are required before building permits can be issued and limited staff numbers means this procedure is not always effective. A 1989 study conducted by the Urban Institute and Hasfram Dian Konsultan revealed that most houses in the country are built without building permission. In the city of Jakarta, only 30 to 35 per cent of all construction work was found to have been undertaken with a permit.

(c) Walkways and roads

Recent road traffic legislation specifies that disabled persons should be entitled to special services in relation to traffic and roads. However, facilities such as street ramps, rails, audible traffic signals and Braille instructions are extremely limited. A survey in Bandung revealed that ramps were only supplied on overhead passes at toll-roads, not in the town centres. Only one audible traffic signal was found in the city; this was possibly the only one in the country. Terminals dealing with international passengers are the only buildings which provide facilities for disabled persons in accordance with international terminal building code guidelines.

(d) Employment legislation

There is no local-level legislation concerning the employment of disabled and elderly persons. However, local-level officials are required to comply with Central Government policy to:

  1. Provide facilities/subsidies so that persons with disabilities can be employed in public and/or private institutions;
  2. Provide capital and necessary facilities to enable persons with disabilities to set up their own businesses; and,
  3. Consider persons with disabilities for available jobs in any field of work appropriate to their individual talents, abilities and educational standard.

In a joint effort to improve employment policies for people with disabilities a Memorandum of Understanding was drafted and signed by the Ministry of Social Affairs, the Indonesian Association of Entrepreneurs and the Ministry of Home Affairs. Since then, little real progress has been made. Regional offices for the Ministries of Education and Social Affairs have occasionally employed persons with disabilities.

4. Constraints and possibilities for improvement

There is an overall lack of awareness among local-level decision-makers. Consequently access issues are given low priority. Budget restrictions, lack of adequate planning and the absence of a monitoring and evaluation system impede progress towards the achievement of a barrier-free environment.

If the promotion of barrier-free environments could receive the same attention that had been given to the national Family Planning Campaign, access for persons with disabilities could be effectively improved.

Almost 90 per cent of Indonesia's population have access to either radio and/or television. Mass media channels could be utilized to increase awareness of barrier-free environments. Popular shadow puppet shows in some regions of the country would also provide a valuable medium for the dissemination of access-free information. How to reach policy makers is a more complex task.



C. The Islamic Republic of Iran (3)

1. Introduction

The Islamic Republic of Iran has a population of 58 million and a land area of 1,648,000 sq km. The recent war with its neighbour left Iran with heavy economic imbalances, acute inflation, large numbers of disabled persons and difficulties in bringing about basic structural change in its economy.

The first five-year Economic Development Plan (1989-1994) included provision for the country's increasing numbers of disabled persons. Adaptation of the built environment and promotion of accessibility for persons with disabilities were considered a priority in urban plans.

A government body sponsored by the Ministry of Housing and Urban Development, called the Building and Housing Research Centre, developed accessibility standards for existing and new buildings, public facilities, public housing and public transport systems. These standards were approved by the Iranian High Council for Architecture and Urban Planning (IHCAUP) in 1989 and advocated for implementation nationwide.

2. Policy provisions and legislation

The local authorities in Iran are responsible for the implementation of policies issued at the national level. Although they cannot create legislation, they can forward recommendations to national policy-makers. Recommendations are discussed in decision-making sessions in Tehran and included in policies, if approved. Several organizations for people with disabilities and elderly persons have been and are involved in the process of policy formulation. These include:

  1. The State Welfare Organization;
  2. The Mostazafan and Janbazan Foundation (a public sector foundation for oppressed and disabled war veterans);
  3. The Iranian Handicapped Society;
  4. The Ministry of Planning and Budget;
  5. Various rehabilitation colleges; and
  6. The Ministry of Interior Affairs

Responsible groups for the formulation of standards include planners, designers, researchers, Ministry of Housing authorities, members of IHCAUP, academics and specialists in related areas. Their functions include identifying needs, expressing views on priorities (urban and rural), evaluating implementation, prescribing requirements for accessibility, and providing improved facilities.

In 1993, the Ministry of Interior Affairs undertook an analysis of the "Standards Application for Accessibility of Persons With Disabilities" project. The objectives of the analysis were to investigate the success of application of the standards, and identify problems which hamper application of the standards.

The study covered the two major cities of Zandjan and Qazvin. Studies of 42 public buildings were undertaken to assess standards of first floor access for disabled and elderly persons. It was revealed that the following aspects required more attention if effective application of the standards is to take place :

  1. Awareness of the needs of disabled and elderly persons;
  2. Economic conditions;
  3. Public awareness;
  4. Legislation and policies;
  5. Control over developing centres;
  6. Adaptation of office environments in all municipalities; and
  7. Follow-up centres.

3. Specific provisions in bui1dings, transport and employment

Specific provision for free access to buildings, transport and employment for disabled and elderly persons is made as follows:

(a) Public buildings and facilities

All public buildings and facilities, universities, cultural centres, mosques, sports centres, airports, railway stations, hospitals, banks, post offices, government offices, libraries and parks must be accessible to people with disabilities and elderly persons.

(b) Roads

Specifications exist in Iran for pavement height, kerb-cut gradients, overhead passes, parking areas, traffic signals and street signs. No specifications exist for Braille blocks.

(c) Residential housing

Housing is not accounted for in current legislation except in one section which deals with residential complexes. This section stipulates that the installation of lifts is compulsory, provision of an extra lift for disabled persons is requested and in complexes covering more than 1,000 sq m or consisting of over 10 units, vertical/horizontal circulators should be installed.

(d) Public transport

Public transport vehicles are to be equipped with mechanical lifts so that disabled and elderly persons can get into them. A special part of the vehicle is to be allocated for disabled persons. At city bus terminals, city centre areas and near public buildings in heavy traffic areas, the creation of a waiting space is obligatory. The width of this space should be at least 140 cm and it must be level with bus floors. Metallic, mechanical platforms must be provided where necessary to assist disabled persons to enter buses. Aircraft must provide aisle chairs so that aisle access is possible. There is currently no legislation for water transport.

(e) Ramps

Stipulations exist for the minimum width, length and slope of ramps. The surface of ramps must be slip-resistant. Ramps at the entrance to buildings must be covered to provide shelter for wheelchair users. Installation of handrails on both sides of ramps is obligatory.

(f) Doors

The minimum width for doors should not be less than 80 cm to ensure easy wheelchair access. Doors which open outwards must have appropriately placed vision panels. Doors are recommended to have a kick plate at 20 cm above the floor. All doors must be easy to open and close quickly. Doors should be designed without thresholds. If it is absolutely necessary to have a threshold, the height should be no more than 2 cm.

(g) Windows

Window handles must not be more than 120 cm from the floor. All glazed doors and floor level windows must be made from safe materials and equipped with kick plates which are resistant to impact.

(h) Lifts

In public buildings where lifts are present, at least one specially adapted lift for wheelchairs is compulsory. Lifts should be located in a position completely level with the surface of the entrance and be barrier-free for wheelchairs. Lifts which are to be used by persons with disabilities should be built to the detailed specifications in government legislation.

(i) Employment

Nationwide legislation allocates 13 per cent of vacancies in public and private sectors to disabled persons (10 per cent to war veterans and three per cent to other disabled individuals).

4. Suggestions for improvement of access

(a) General considerations

It is suggested that access may be improved by:

  1. Providing equipment which improves mobility and the quality of life for elderly persons and persons with disabilities;
  2. Making information, research and legislative papers on barrier-free environments freely available;
  3. Promoting safety for disabled and elderly persons;
  4. Improving accessibility by removing architectural and attitudinal barriers; and
  5. Providing a strong voice for persons with disabilities and elderly persons at all levels of government and among the public so that they may have equal opportunity to enjoy life and contribute to society.

(b) Education

Materials should be written to include information about persons with disabilities and elderly persons in every school curriculum to help change the negative attitudes of students and their parents.

(c) Mass media

Art and craft objects designed by the elderly and persons with disabilities could be promoted to create a positive image. Most mass media channels are currently utilized in Iran for the dissemination of messages which are aimed at increasing awareness of issues concerning disabled and elderly persons.

(d) Parental awareness

Parents could be included in special programmes. This would help them gain a better understanding of childhood disabilities and stop isolating disadvantaged children from socially and culturally enriching activities.



D. Japan (4)

1. Introduction

Significant developments to assist persons with disabilities and elderly persons are taking place in Japan. The total number of disabled persons in the country in 1991 was 2,803,100, comprising 2.3 per cent of the total population. Elderly persons (over the age of 65) accounted for 13.7 per cent of the population in 1994. The number of elderly persons is rising rapidly. The elderly will comprise approximately 21.3 per cent of the population by the year 2010.

The Ministries of Construction, Transport, Health and Welfare have recently set in motion innovative support systems to strengthen existing guidelines and support the concept of creating safe and accessible cities.

2. Yokohama City's approach in creating a safe and accessible city

In 1974, Yokohama began a programme entitled "The Creation of a Community Geared For Welfare and Well-Being." This programme aspired to review and improve the patterns of previous social welfare services. By 1975, the successful development of public facilities for persons with disabilities had earned Yokohama the distinction of being a "model city for physically handicapped persons." The award was made by the Ministry of Health and Welfare.

A two-year study of the behavioural and activity patterns of persons with disabilities and elderly people led to the formation of a committee to formulate standards for the development and improvement of public facilities. Based on this, a set of "Yokohama City Guidelines for Improving Barrier-Free Access in the Urban Environment" was created.

The guidelines were prepared for the attention of construction contractors and architects. They refer to public roads, parks, transportation and public facilities encompassing over 1,000 square metres. In the early stages of implementation of the guidelines, construction consultations usually focused on buildings and not public facilities. Three revised versions of the guidelines have been produced since 1977.

In 1983 the impact of the International Year of Disabled Persons (1981) led to the organization of a study group to reform the guidelines. Multiple-unit dwellings, offices and small retail stores were added. Greater consistency was sought with other standards established by the Ministry of Construction and various architects' associations. Layout and construction recommendations for guide blocks for persons with visual impairments were standardized. Construction consultations increased from 70 in 1977 to approximately 100 per year on average.

In 1986 the recommendations for the layout and building of guide blocks for visually impaired persons were revised in accordance with the guidelines issued by the Japan Road Association for installing such guide blocks. Collaboration among the Social Welfare Bureau, the Building Bureau and other agencies was strengthened. Construction consultations increased dramatically from 100 to between 300 and 500 by 1986.

In 1991 the effects and achievements of the guidelines were examined. The minimum floor space for buildings was lowered. Improvements for commonly-used public facilities were advocated. One in 100 chair spaces in public halls was requested to be reserved as wheelchair space. One in 100 parking spaces was requested to be reserved for persons with disabilities. One in 100 hotel rooms was requested to be designed barrier-free for disabled persons. The installation of lifts in train stations was carried out. Construction consultations increased to 825, one and a half times more than in the previous year. An average of over 800 consultations per year has since been maintained.

3. Constraints in implementation of the guidelines

(a) Functional difficulties

Many practical difficulties were exposed at the start of the programme. Social Welfare Bureau personnel had no experience of construction technology or of dealing with engineers and architects. Staff had to study how to read blueprints so that collaboration with builders could take place and the guidelines correctly implemented.

(b) Lack of legal force

The guidelines were not legally binding. Efforts consequently focused on developing cooperation with architects and building engineers. Without creating the desire to cooperate, there could be no possibility of success.

(c) Lack of understanding

For future efforts, it was realized that a deeper understanding of the needs of persons with disabilities was essential.

(d) Architectural design

The guidelines concentrated on dimensions and did not give adequate attention to the quality of building materials, colour schemes and design. A manual which covers these has since been designed and is distributed at no charge to architects at consultations.

(e) Construction

Thirty per cent of the buildings constructed in recent years have failed to reach the standards laid down by the guidelines. Possible reasons for this include:

  1. The enlarging of facilities to be provided through revisions to the guidelines;
  2. The lowering of the minimum limit on floor space (facilities built on smaller sites were found difficult to confirm to the standards laid down);
  3. An increase in the number of applications by clients of small businesses, many of whom found it difficult to finance modifications;
  4. The difficulty and cost of modifying structures of franchised retailers and eating establishments constructed from prefabricated panels.

4. Improvement of existing facilities

Most buildings in Japan were constructed before the establishment of the guidelines. They need to be renovated before they can become barrier-free. The cost of upgrading buildings with structural problems is high. Many such buildings are not likely to be considered for building approval.

Over the past two years, the Building Bureau carried out assessments of municipal buildings and developed a clearer picture of obstacles and areas for improvement. Renovation is planned for the coming fiscal year and will be carried out in stages. Private sector buildings have not yet been assessed.

(a) Public Transport

There is currently no legislation for modifying public transport systems.

(b) Rail Travel

Yokohama in 1985 was the first city in Japan to begin installing elevators in city-operated subway-train stations. In 1990, Yokohama established the "Guidelines for Providing Assistance for the Installation of Elevators in Train Stations." The Ministry of Home Affairs provided financial assistance for the installation of such elevators. Several other cities have followed suit.

(c) Buses

In 1992, Yokohama introduced buses equipped with lifts, at the rate of four per year, on an experimental basis. The buses have been allocated to routes with large numbers of hospitals, social service centres and/or wheelchair users. The three-year experiment has been successful to date and the city now plans to increase the number of buses equipped with lifts, buses with support steps and buses with an extra-low floor. The current cost of these modified buses amounts to more than 50 per cent of a regular bus. Considerable time will be required before all 1,000 Yokohama municipal buses and 1,000 privately-owned buses can be modified.

(d) Improvement of walkways and roads

The following three strategies are being implemented in Yokohama to improve roads, parks and walkways:

  1. The incorporation of access improvement work into basic building agreements. In its Twenty-First Century Plan, Yokohama city has designated 36 districts to form a core business centre in the greater Tokyo metropolitan area. Building plans for joint use of buildings and building sites, the setting up of wall lines and open spaces, the creation of parking spaces, scenic design and tree planting within Yokohama's 36 districts now require prior consultation.
  2. The incorporation of access improvement work into re-development projects; re-development projects near train stations are now being planned and implemented in various locations.
  3. The promotion of access improvement work; local government officials will coordinate with community groups, disabled persons' organizations, entrepreneurs, public agencies, academics and researchers to develop an organization for the promotion of activities which work towards creating a barrier-free environment.

5. Future improvements to facilities

(a) Access and mobility for persons with visual or hearing impairments

Instructions on the basic shape and installation of guide blocks and Braille information to be used for public transportation are included in the guidelines. However, the guidelines do not adequately cover the needs of persons with visual or hearing impairments. Improvements need to made to provide more signs in shopping and entertainment areas. Sound and/or flashing signals on trains, buses and at traffic lights would increase access and mobility for elderly and disabled persons. Guide blocks have been installed on platforms at most train stations. The installation of guide blocks on staircases, underground paths, in shopping centers, and bus terminals is not sufficient. At present, there are not enough Braille signs giving information on steps and handrails leading to train platforms.

The city is currently carrying out a study using a large train station as a model. Overall route structures which link train stations and bus terminals will be assessed by teams which include persons with visual impairment.

(b) Transport for disabled and elderly persons

Various studies have been conducted to assess the transport requirements of disabled and elderly persons. The findings will help to determine future plans and costs. Over the next three years, the Ministry of Transport will implement a survey to formulate a model transportation plan. The survey will hopefully lead to systematic development and improvement of transport facilities, public vehicles and roads.

(c) Legislation to increase access and equality

It is not desirable for standards to differ from one city to another. National-level legislation therefore needs to be improved. The 10 largest cities in Japan have made a collective request to the Central Government for appropriate legislation.

Efforts by various disabled persons' groups and local government officials have had some influence on recent national government decisions. A Disabled Persons' Act was passed at the end of 1993 and a number of new legislative measures to improve the overall situation of disabled and elderly persons were introduced in 1994.

Private business operators need to be encouraged to undertake contracts for improvement work.



E. Malaysia (5)

1. Introduction

Lack of adequate information makes the comprehensive planning of necessary infrastructure changes and the provision of services for disabled and elderly persons in Malaysia difficult. There is no reliable data on the number of persons with disabilities in Malaysia. The Welfare Department recently introduced a nation-wide registration exercise to try to resolve this. Special identity cards were issued to disabled persons.

On 31 August 1993, 49,561 persons with disabilities were registered under the new procedure. These figures are probably a conservative estimate. At best, they illustrate the number of cases brought to the attention of various authorities. A survey conducted by the Government (1958-1959) estimated that approximately one per cent of the then seven million population were people with disabilities. Taking into account the present 18 million population, the current number of disabled persons would be nearer 80,000.

It is easier to register those who are in need of financial assistance, institutional training, rehabilitation and job placement. Mandatory registration is not yet being considered. Organizations for disabled persons are being urged to encourage their members to register so that appropriate action can be taken.

2. Legislation

In 1990, the Department of Welfare set up an Advisory Committee for the Welfare of Disabled Persons. Representatives with disabilities from various NGOs later took part in an Advisory Committee meeting. A report was written and recommendations for improvement of access conditions for disabled persons were decided upon.

Disabled persons in Malaysia are currently allowed to cast their votes in a general election only in the presence of an immediate relative or the presiding officer. Most NGOs in Malaysia still exclude disabled and elderly persons from taking up positions as committee members or spokespersons in decision-making groups.

At the Consultative Expert Meeting on National Disability Legislation in the Asia-Pacific Region held at Kuala Lumpur from 6 to 8 December 1993, Malaysia adopted the 18 recommendations which were presented. At that time, the Director-General of Welfare agreed to consider establishing a national coordinating committee for persons with disabilities.

The Workmen's Compensation Act (1952) covers financial compensation from the employer of those who are partially or wholly disabled through injury at work or while travelling in the course of work. The Social Security Act (1969) provides for certain benefits to employees in case of disability due to injury or occupational disease incurred during employment.

There is an urgent need for legislative action which will ensure the participation of disabled and elderly persons in discussions about issues, such as access, which affect their lives.

3. Access to public facilities

Recent action by the Government to remove environmental and structural barriers from public facilities were an important breakthrough for persons with disabilities. In 1991 the Government amended the building by-laws to include guidelines and specifications prepared by the Standard Industrial Research Institute of Malaysia (SIRIM). The amendments are listed in the Malaysian Standard Code of Practice for Access for Disabled Persons to Public Places.

In 1993, SIRIM finalized the Malaysian Standard Code of Practice for Access for Disabled Persons Outside Buildings to complement the above amendments. Local authorities are now able to monitor new building plans to check that the guidelines are followed. It is difficult to monitor buildings which have already been erected. However, efforts to ensure the implementation of these guidelines need to be stepped up.

(a) Public transport

There is no legislation which ensures elderly and disabled persons have access to public transport. Most transport companies in the country do not cater to the special needs of persons with disabilities. Public transport companies are not permitted to submit applications for modification to the Ministry of Transport.

The Road Transport Act (1987) allows the authorities in charge of roads to allocate any part of a road as a parking space specifically for the vehicles of disabled persons. Some non-legislative measures have been taken to help people with disabilities gain access to public transport. Private initiatives by Malaysian Airlines, Malaysian Railways and a few major bus companies, e.g., those that offer concessionary travel rates, have made access to transport easier for elderly and disabled persons.

(b) Education

No specific legislation to ensure and protect the educational rights of persons with disabilities exists in Malaysia. Section 25 of the Education Act (1961) stipulates that the Ministry of Education should "establish and maintain special schools which cater for people with special needs."

By the end of 1991, 152 schools or integrated programmes catered to the needs of the 5,083 registered children with disabilities throughout the country. In 1991, the Education Ministry, other ministries, NGOs, universities and parent support groups formed a collaborative National Advisory Council for Persons With Disabilities.

4. Protection of the rights of disabled and elderly persons

No legislation directly concerned with the rights of disabled and elderly persons exists at present. The Federal Constitution declares equal rights for all citizens :

"...there shall be no discrimination against citizens on grounds of religion, race, descent or place of birth in any law; or in the appointment of any office of employment under a public authority; or in the administration of any law relating to the requisition, holding or disposition of property; or the establishing or carrying on of any trade, business, profession, vocation or employment." (Article 8 (2))

It is doubtful, however, that disabled or elderly persons would be able to assert their rights on the basis of this statement.

The Government of Malaysia now recognizes self-help groups of persons with disabilities. It is hoped that legislative measures may soon be taken to support full participation of disabled persons at both non-governmental and governmental levels.



F. The Philippines (6)

At the local level municipal councils, city councils, and provincial boards carry out national laws, through the municipal and city mayors, provincial governors and their officials, including the numerous village officials.

Awareness of the needs of the disabled and the elderly at the local level is minimal and implementation of national policies in their respect less.

The Local Government Code (LGC) was approved in 1991 and awareness programmes initiated by the Central Government have only recently started to percolate to the local level. The local level is expected to provide basic services, but has no guidelines concerning devolution, and, worse, no funds.

Devolution is usually negotiated by Memoranda of Agreement between national and local levels. It takes time and there are many omissions and/or continuing overlaps and even lingering disagreements. These factors have helped to vitiate local government interest in accessibility problems.

The municipal social welfare department officer (assigned in the local government councils to take care of persons with disabilities) is an optional officer. He would be the most involved if awareness and implementation is to reach the remotest villages and included all the 6,000,000 disabled. Funds are sometimes not available to employ social welfare officers and occasionally there is a lack of qualified persons for the posts. The disabled sector is low in local government priorities.

The Local Government Code recognizes urban poor, indigenous cultural communities, and disabled persons as qualified sectoral representatives to local municipal councils, though the disabled sector is not at present recognized under any law.

Much still remains to be done at the local level. A census of disabled persons, and the representation of people with disabilities on local councils is needed. At present the millions of persons with disabilities and the elderly living outside metropolitan areas largely fend for themselves, though non-government organizations have embarked on access training geared towards specific groups.

1. Based on a paper by Joseph Kwan, Director, Environmental Advisory Service, RehabAid Centre, Hong Kong.

2. Based on a paper by Haryo Winarso, Lecturer, Department of Regional and City Planning, Faculty of Civil Engineering and Planning, Institute of Technology, Bandung, Indonesia.

3. Based on a paper by Nourani Amir, Project Manager, Tehran Engineering and Technical Consulting Organisation, Tehran, Islamic Republic of Iran.

4. Based on a paper by Akira Sugiyama, Director, Social Welfare Bureau, Regional Welfare Promotion Office, Yokohama, Japan.

5.5 Based on a paper by Godfrey Ooi Goat See, Assistant Director, Malaysian Association for The Blind, Kuala Lumpur, Malaysia.

6. Based on a paper by Angel Lazaro, Jr., Member, Foundation of Organizations for Disabled Persons in the Philippines, Inc. (KAMPI), Quezon City, The Philippines.

Go back to the Contents

ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC
Promotion of Non-Handicapping Physical Environments for Disabled Persons: Case Studies
- Chapter 3 -

UNITED NATIONS
New York, 1995

Go to the top of this page. | Go to the upper category.