Marrakesh treaty: A year later, progress remains elusive for visually impaired community

The 'book famine' remains a pressing issue, with millions of visually impaired individuals worldwide and in Bangladesh still lacking access to printed materials in accessible formats. Photo: Noor-A-Alam

In September 2022, Bangladesh celebrated a historic moment with its accession to the Marrakesh Treaty. On 26 December 2022, the Agreement entered into force in Bangladesh, three months after the submission of the letter of ratification to the World Intellectual Property Organization (WIPO) headquarters, marking a remarkable milestone for visually impaired, blind, and print-disabled individuals. 

The treaty aimed to alleviate the 'book famine' by facilitating access to published works, offering hope to millions who were previously excluded from the literary world. However, one year later, it is disheartening that the fervour surrounding the ratification has not translated into significant progress for the intended beneficiaries in the country.

The accession to the Marrakesh Treaty created huge optimism among print-disabled individuals and organisations such as the Visually Impaired People's Society (VIPS), which has long demanded Bangladesh's ratification of the treaty and amendments to the Copyright Act. However, the absence of amendments to the Copyright Act continues to pose legal obstacles for this community, impeding their access to literature in accessible formats. 

The delay in amending the Copyright Act is a significant roadblock to realising the potential impact of the Marrakesh Treaty, leaving the visually impaired community caught in a legal limbo.

The media's lack of attention to this crucial event also mirrors persistent indifference towards disability rights in Bangladesh. Unfortunately, this apathy seems to have extended beyond headlines, with little tangible change for those eagerly anticipating the benefits promised by the Marrakesh Treaty.

Administered by the WIPO, the Marrakesh Treaty was designed to ease the production and international transfer of specially adapted books for people with visual impairments. It established exceptions to traditional copyright laws, allowing access to printed works in accessible formats like Braille and digital audio files. Despite its noble objectives, reality paints a different picture.

The 'book famine' remains a pressing issue, with millions of visually impaired individuals worldwide and in Bangladesh still lacking access to printed materials in accessible formats. The treaty was seen as a beacon of hope, but its potential impact is yet to be fully realised. 

The national blindness survey of 2020 finds that, in Bangladesh, an estimated 1.43 million people face visual impairment, and 19 in every 100 adults aged 30 years or older suffer from any degree of visual impairment. Hence, the urgency of addressing the 'book famine' cannot be overstated in the context of Bangladesh as well.

The Marrakesh Treaty's ratification was expected to enable visually impaired individuals in Bangladesh to access literature by converting books into Braille, electronic formats, and audiobooks without violating copyright laws. 

However, the pace of implementation appears slow, and the promised benefits have yet to reach those who need them most. While the accession to the Marrakesh Treaty marked a monumental step for Bangladesh, it is essential to move beyond symbolic gestures and focus on practical implementation without further delay. 

Justice cannot afford to wait, especially for visually impaired children and adults who have long been denied equal opportunities both in Bangladesh and elsewhere around the world. The immediate need for action lies in amending and revising the Copyright Act of 2000, a critical step to align national legislation with the provisions of the Marrakesh Treaty. Without prompt attention to this essential prerequisite, the visually impaired community may continue to face legal hurdles in accessing the literary world.

Additionally, the lack of awareness and understanding of the Marrakesh Treaty among the general public, government officials, and even the media poses a significant obstacle to its successful implementation. A comprehensive awareness campaign is urgently needed to ensure that the provisions of the treaty are known and understood by all stakeholders.

With the formation of the new government anticipated in January 2024, there exists a golden opportunity to bring the issue to the forefront and prioritise the necessary legislative changes. As a new parliament takes shape, there is a chance for Bangladesh to demonstrate a commitment to inclusivity by swiftly approving the amendment of the Copyright Act. 

This strategic move would not only align national legislation with international standards but also signal the country's dedication to ensuring that the visually impaired community can fully reap the benefits of the Marrakesh Treaty. 

Therefore, it is crucial to seize this moment to elevate the importance of amending the Copyright Act on the national agenda, fostering a more inclusive and accessible literary landscape for the visually impaired citizens of Bangladesh.

While primarily focused on enhancing access to information and education for visually impaired individuals, the Marrakesh Treaty holds the potential to yield far-reaching benefits that extend well beyond the realm of literature accessibility. 

Its impact has the capacity to contribute significantly to the development of a knowledge-based economy, foster transparency and accountability, and actively work towards reducing the prevalent stigma and discrimination against people with disabilities. 

The treaty can play a pivotal role in fostering a knowledge-based economy by empowering visually impaired individuals with access to a wealth of information. When people with visual impairments can independently access literature, research materials, and educational resources, it enriches their knowledge. 

It enables them to actively participate in academic pursuits and contribute to various fields. This inclusion in the knowledge economy can lead to the creation of a diverse and skilled workforce, promoting innovation and driving economic growth.

Again, the Marrakesh Treaty's influence extends to promoting transparency and accountability within society. By ensuring that visually impaired individuals have unhindered access to a wide range of materials, including legal documents, government publications, and other information sources, the treaty fosters an environment where citizens, regardless of their visual ability, can stay informed and engaged with public affairs. 

This inclusivity promotes transparency in governance and empowers visually impaired individuals to actively participate in civic activities, thus contributing to a more accountable and democratic society.

Access to literature and educational resources provided by the treaty is instrumental in breaking down barriers and challenging stereotypes associated with visual impairments. When visually impaired individuals can access the same information as their sighted counterparts, it challenges preconceived notions and fosters a more inclusive societal mindset. 

This increased awareness and understanding have the potential to reduce stigma and discrimination against people with disabilities, promoting a culture of inclusivity and respect for diversity.

In conclusion, the one-year anniversary of Bangladesh's accession to the Marrakesh Treaty serves as a critical juncture for reflection and action. The time has come to bridge the gap between promises and reality, making literature accessible to all, regardless of visual ability. The urgency for immediate action is underscored by the imperative need to amend and revise the Copyright Act of 2000, aligning it with the provisions set forth in the Marrakesh Treaty. 

The Copyright Act enacted more than two decades ago, has become outdated and fails to encompass the necessary exemptions required for the visually impaired community to benefit fully from the Marrakesh Treaty. Despite the critical nature of this amendment, it is regrettable that the necessary legislative changes have not been implemented in a timely manner. 

As the visually impaired community continues to wait for justice, let us collectively strive to end the 'book famine' and ensure that the Marrakesh Treaty's potential is fully realised in Bangladesh.

Ayon Debnath is a development practitioner currently working with the Royal Commonwealth Society for the Blind-Sightsavers as a Campaign Adviser. He can be reached at adebnath@sightsavers.org. 

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.