Inclusive Tourism And The Advocacy For Accessible Facilities

The advocacy for accessibility in the built environment has been ongoing for at least twenty years in Malaysia assuming we began from the time the Malaysian Standards MS 1184: Code of Practice for Access for Disabled Persons to Public Buildings and MS 1331: Code of Practice for Access of Disabled Persons Outside Buildings were first drafted.

By-law 34A of the Uniform Building By-Law (UBBL 34A) gazetted separately by the various state governments in the 1990s has done little to change the scenario. UBBL 34A requires that all new buildings provide access for disabled people. Buildings that do not have such facilities when the by-law came into force must provide them within three years.

No doubt new buildings such as shopping complexes have a certain degree of accessibility, these are far and few in between. These buildings by themselves are islands in an ocean of barriers. It is difficult for disabled people to get to these places as there is lack of connectivity in the form of accessible pedestrain facilities and public transport.

One of the excuses given often for lack of accessible facilities is budget. The federal government does not have the budget. The state governments do not have the budget. Municipal governments do not have the budget. To exacerbate the situation, municipal governments who are responsible for the approval of building plans do not have the expertise to ensure that MS 1184 is strictly adhered to.

It is all about money. As long as providing accessible public facilities do not generate revenue, there is little reason for the government to spend money on it. From the way I see it, if the disabled people’s movement in Malaysia continue to advocate the way we are used to, come next fifty years, we will still be complaining about the same issue.

Disabled people need to come out with a fresh angle to advocate. We have evolved from advocating solely for disabled people to embrace a wider circle of people who may find such facilities convenient. These include senior citizens, pregnant women, adults with prams and children. This is a good strategy but obviously is not sufficient to move the powers that be.

Advocates for accessibility should seriously consider promoting the idea of inclusive tourism in Malaysia. Tourism is a major industry in this country. According to Tourism Malaysia, 22 million tourist came to Malaysia in 2008 generating a total receipt of RM49,561.2 million.

Inclusive tourism applies the principles of Universal Design to allow the participation of the broadest range of tourists, principally disabled people. However, other categories of tourists like senior citizens may find this form of tourism convenient due to the accessible facilities.

Accessible tourism will definitely benefit the economy by tapping into groups of tourists who do not usually consider Malaysia as a destination previously due to the barriers that we have here. The facilities in turn will benefit disabled people locally. At the same time, it will also spur dosmetic tourism for disabled people as there are presently limited options in travelling to other countries due to the same issues.

I truly feel that this is a strategy worth looking into. We have not gained much all the years that we have advocated for accessibility. If this does not work, we have nothing much to lose anyway. In fact, the tourism industry in Malaysia as a whole has much to lose as more and more countries around the world move towards making their tourist destinations accessible should the powers that be continue to ignore this matter.

Uniform Building By-Law (UBBL) 34A

STREET, DRAINAGE AND BUILDING ACT 1974
UNIFORM BUILDING (AMENDMENT) BY-LAWS 1991

In exercise of the powers conferred by section 133 of the Street, Drainage and Building Act 1974, the State Authority makes the following by-laws;

1. These by-laws may be cited as the Uniform Building (Amendment) By-laws (UBBL) 1991.

2. By-law 2 of the UBBL 1984, which in this By-laws is referred to as “the principal By-laws” is amended by inserting immediately after interpretation “detached building” the following interpretation: “disabled persons” means people; with a physical, hearing or sight impairment which affects their mobility or their use of buildings as referred to under by-laws 34A:

3. The principal By-laws is amended by inserting immediately after by-law 34, the following new by-law 34A:

34A. (1) Any building or part thereof to which this by-law applies shall –

(a) be approved with access to enable disabled persons to get into, out of and within the building for which access is provided wholly or mainly for the inspection, maintenance or repair of the building, its services or fixed plant or machinery; and

(b) be designed with facilities for use by disabled persons.

(2) The requirements of this by-law shall be deemed to be satisfied by compliance with Malaysian Standard MS 1183 and MS 1184.

(3) Buildings to which this by-law applies and which on the date of commencement of this by-law have been erected, are being erected or have not been erected but plans have been submitted and approved shall be modified or altered to comply with this by-laws within 3 years from the date of commencement of this by-law.

(4) Notwithstanding paragraph (3) the local authority may where it is satisfied that it is justifiable to do so –

(a) allow an extension or further extensions of the period within which the requirements of this by-law are to be complied with; or

(b) allow variations, deviations or exemptions as it may specify from any provisions of this by-law.

(5) Any person aggrieved by the decision of the local authority under paragraph (4) may within 30 days of the receipt of the decision appeal in writing to the State Authority, whose decisions shall be final.

(6) The requirements of this by-law shall apply to any of the following buildings or any part thereof:

(a) offices, banks, post offices, shops, department stores, supermarkets and other administrative and commercial buildings; except shop-houses existing at the commencement of this by-law;

(b) rail, road, sea and air travel buildings and associated concourses, car parking buildings and factories;

(c) hospitals, medical centres, clinics and other health and welfare buildings;

(d) restaurants, concert halls, theatres, cinemas, conference buildings, community buildings, swimming pools, sports buildings and other refreshment, entertainment and recreation buildings;

(e) religious buildings;

(f) schools, colleges, universities, zoos, museums, art galleries, libraries, exhibition buildings and other educational, cultural and scientific buildings; and

(g) hostels, hotels and other residential buildings other than single family private dwelling houses.

LIST OF STATE GAZETTE NOTIFICATION ON AMENDMENT TO UBBL 1984 ON BUILDING REQUIREMENTS FOR DISABLED PERSONS

1. Perlis – 3 March 1994 – PS.P.U.2
2. Kedah – 30 November 1992 –
3. Penang – 11 November 1993 – Pg.P.U.26
4. Perak – 13 May 1994 – Pk.P.U.26
5. Selangor – 20 January 1994 – Sel.C.U.95
6. Negeri Sembilan – 31 January 1991 – N.S.P.U.95
7. Melaka – 22 May 1996 –
8. Johor – 7 May 1992 – J.P.U.14
9. Pahang – 28 March 1996 –
10. Terengganu – 15 December 1993 –
11. Kelantan – 3 July 1992 – Kn.P.U.5/92
12. Federal Territory – 13 August 1993 – P.U.A.305/92

*Note: The UBBL 34A was extracted from “Guidelines on Buildings Requirements for Disabled Persons” published by the Bahagian Kawalan Bangunan, Jabatan Kerajaan Tempatan, Kementerian Perumahan dan Kerajaan Tempatan.

Malaysian Parliament Building Should Be MS 1184 Compliant

Parliament Building Malaysia
The Parliament Building Malaysia.
Dated December 20, 2006.
Photo by Wuan.

The Malaysian Parliament building is the symbol of democracy. It is there that bills are debated and laws passed to protect the wellbeing of the people. It also represents the people’s collective aspirations as a nation where the rights of each citizen is respected. From afar, its unique exterior is as magnificient as it is imposing. I have always been in awe of this impressive edifice.

Of all places, I had expected the Parliament building to be barrier free as we have the law and the code of practice to regulate such amenities. I was dead wrong. It was at the tower block of the Parliament that I came face to face with a steep ramp two years ago. That was the only access for wheelchair users into the building. Wheelchair users will find it hard to go up the ramp unassisted on that gradient. While watching the video of UMNO Youth confronting Karpal Singh outside the Parliament building, I caught a glimpse of Karpal being pushed up that same ramp.

Steep ramp into the Parliament Building
The steep ramp into the lift lobby of the tower block next to the Main Building of the Parliament.
Dated December 20, 2006.
Photo by Wuan.

There are a couple aspects of the ramp that are wrong. The ramp is too steep. It does not comply to the minimum 1:12 gradient as the specified in MS 1184: Code of Practice on Access for Disabled Persons to Public Buildings. The recommended height for the handrails on both side is between 840mm to 900mm. The Uniform Building By-law 34A (UBBL 34A) stipulates that all public buildings must comply to MS 1184. However, I was made aware that this by-law does not apply to government buildings. How ironic.

If the government is serious in making Malaysia accessible to disabled people, it should begin with the Parliament building. The existing ramp should be replaced with one that is in compliance with MS 1184. Parliament should take the lead in this matter. Otherwise, it is hypocritical to enforce the UBBL 34A when the very building where laws of the nation are made fall short of the accessibility standards required of others.