Targeted Stakeholder Groups

The general principles of Action Area 3: Policy, Regulation and Standards apply to all stakeholder groups. Some additional points on the application of those principles to specific stakeholder groups are outlined below.

Key Practice Areas

Two key practices have been identified under this Action Area for which further detail and guidance is given in the sections below:

Definitions and Context

Definitions

Policy refers to a set of principles, guidance or documents adopted by a government.

Regulations pertain to rules or directives of a government, which may be contained in law or some other form of administrative issuance that has been approved by the relevant authorised government body.

Standards refer to defined or established (national or international) norms or reference models against which an evaluation or a design can be undertaken, and best practice benchmarked^[64]. Standards are usually written in a formal document, which establishes uniform criteria, methods, processes and practices, including of an engineering or technical nature^[65].

In the context of inclusive infrastructure, the relevant policies, regulations and standards are those which integrate and promote inclusivity in planning, developing, designing and implementing infrastructure projects.

Context

At the international level, goals and targets promoting greater inclusion have been widely adopted, such as the UN Sustainable Development Goals (SDGs), which, amongst other matters, set out targets in relation to universal and equitable access to drinking water (SDG 6); affordable energy (SDG 7); and safe, affordable, accessible and sustainable transport systems (SDG 11), as well as gender equality and the empowerment of women (SDG 5). In addition, there are several other documents that promote greater inclusion of women, children, the elderly and other under-served and vulnerable groups (see Box 7: International documents promoting inclusivity principles).

While the importance of national-level inclusive policies, regulations and standards is widely accepted, implementation may be limited, especially in developing countries^[66]. In developed countries, regulations that relate to inclusivity and anti-discrimination, as well as social welfare laws, are likely to be more established. For example, in the U.S. Bank Stadium Case Study, participation of women and minority-owned businesses in the improvement of the stadium was specifically included in state legislation.

The integration of inclusivity at the policy level can guide the overall direction of government infrastructure programs, regulations and standards. Their overall effectiveness will depend on rule of law and the government’s will and capacity to enforce non-compliance. Policy interventions are more effective when operationalised through supporting activities. The adoption of regulations or standards that are specific and enforceable, such as having Universal Design principles, is an effective way to increase inclusivity in infrastructure.

Universal Design is a set of principles for the design of infrastructure assets, buildings, environments, etc. to make them accessible to all people, regardless of age, disability or other factors. This ensures infrastructure can be used by as many people as possible, regardless of their age or ability. For instance, the lack of access to, and ability to use, transport infrastructure can have a significant impact, as transport “can either facilitate social inclusion or exacerbate social exclusion”^[67].

While the concept of Universal Design emerged primarily with people with disabilities in mind, the concept behind Universal Design should be to help everyone, including the elderly, pregnant women, children and people with a temporary illness or injury. Thus, implementing Universal Design should result in benefits such as increased accessibility, freedom to move, and access to employment opportunities and social activities^[68]. Although internationally recognised benchmarks or standards for certain activities related to infrastructure exist, such as the ISO standards on accessibility requirements, the application of these standards requires specialist skills to understand, implement and enforce. Establishing standards and using regulations to ensure compliance is a very powerful tool for the development of inclusivity in infrastructure.

ANALYSIS AND GUIDANCE ON PRACTICES

Overview

Policy interventions have been identified as effective instruments to initiate and implement socioeconomic change. The process of developing and implementing a policy is fundamental to reducing social inequality, discrimination, poverty, and unequal access to infrastructure. The selection of the appropriate policy intervention is equally important.

To effectively enforce policies, it is important that they are enacted through regulation or some other binding administrative issuance.

International references and conventions related to inclusivity may or may not be integrated at national levels. At the national level, dedicated policies that deal with inclusivity related to infrastructure are emerging, but some aspects may also be addressed through amendments to existing inclusive laws.

For instance, in Bolivia, the development of an efficient, sustainable and inclusive cable car system to resolve the transport issues in La Paz and El Alto, which was an initiative driven by the President himself, centred on a philosophy that considered marginalised groups (such as people with disabilities and low-income residents who could not afford a private car) (see Mi Teleférico Case Study). This was developed under a broad policy titled “Better Living” (Vivir Mejor in Spanish), which promoted sustainable development for all.

Inclusivity should not only be reflected in the actual policies, regulations and standards, but also in the process by which they are developed. The involvement of the groups targeted for inclusion is key to addressing their concerns and in crafting truly inclusive policies and regulations. This means the groups must have proper representation in the development process to ensure they are included. Research indicates that the under-representation of women in legislative and executive positions can adversely impact the fairness and inclusiveness of public policies^[69].

An inclusive policy process must be well-informed and reflect the public interest. As such, it should be inclusive across the policy cycle, which requires effective and representative citizen participation, as well as mechanisms to curb the undue influence of money and power. Increasingly, governments are partnering with civil society in the design, implementation and evaluation of public policies. For example, in the São Francisco water supply project in Brazil, key stakeholders were engaged in service planning and delivery. The involvement of the community is seen as a way to increase inclusiveness and to address service failures and improve policy outcomes^[70].

Relevance

Policy-makers and government officials should drive a policy and planning environment that seeks to address inclusivity.

Guidance

1. Consider implementing policy, regulation and standards that directly address inclusivity in infrastructure.

   An example of promoting greater inclusivity in major infrastructure is the initiative taken by the Government of Canada, whereby Canadian provinces that receive federal funding for infrastructure projects are required to implement inclusive employment and economic benefit measures in respect of those projects (see Box 8: Illustrative example – the Government of Canada encourages provinces to create more inclusive infrastructure). Under the Investing in Canada Plan, a “Community Employment Benefits” program seeks to encourage project planners and communities across the country to use their infrastructure projects to support diversification in recruitment, training and procurement practices^[71]. It is in its early stages, but it shows how greater inclusivity can be promoted in major infrastructure projects at the national level, covering public transport, trade and transportation, green and social infrastructure, as well as infrastructure for rural and northern communities.

   BOX 8: ILLUSTRATIVE EXAMPLE – THE GOVERNMENT OF CANADA ENCOURAGES PROVINCES TO CREATE MORE INCLUSIVE INFRASTRUCTURE

   Our government’s investments in infrastructure are helping to build stronger, more inclusive communities across the country while creating well-paying jobs for the middle class and those working hard to join it. Today’s announcement will help ensure that more Canadians, including those who have not traditionally benefitted from the jobs created by infrastructure investments, can access employment opportunities that help them reach their full potential.”
   
   - The Honourable Amarjeet Sohi, Minister of Infrastructure and Communities

   Objective
   
   On 22 June 2018, the Government of Canada officially launched the Community Employment Benefits initiative. As part of the Investing in Canada Plan - a public infrastructure investment program of USD 137 billion (CDN 180 billion) over 12 years - recipients of federal funding for new major public infrastructure projects will be asked to pursue targeted efforts to contribute to employment opportunities and to economic benefits for the wider community.

   Implementation
   
   The initiative applies to all projects funded under the Investing in Canada Infrastructure Plan negotiated between the national and provincial governments. At the time of submission of a project proposal to Infrastructure Canada to review project eligibility requirements, provinces and territories must indicate whether the project will be participating in the Community Employment Benefits initiative. If a province or territory indicates that the project will be participating in the initiative, then a specific target will be developed by the province or territories to guide their progress towards ensuring benefits will be achieved for at least three of the federal target groups. The identified target groups are: apprentices; Indigenous peoples; women; persons with disabilities; veterans; youth; recent immigrants; and small-sized, medium-sized, and social enterprises. Considering the provincial context and circumstances, provinces and territories will be able to refine these project-level targets during the funding approval process.

   Provinces and territories may also, on a case-by-case basis, decide not to participate in the initiative, in which case a rationale of non-participation, determined by the province or territory, must be provided, which is also made public.

   Expected outcome
   
   In establishing targets for each participating project, provinces and territories have the flexibility to determine the appropriate targets in the context of that project, considering various factors, such as complementarity with existing local and regional employment initiatives or local labour market dynamics.

   The initiative ensures that when building new infrastructure projects, proponents take into consideration the social and economic impact their project will have on the community and how they can encourage inclusive participation.

   Expected benefits include better integration and greater economic and social benefits for the targeted groups, as well as the wider community.

   Sources:
   Community Employment Benefits – General Guidance, 2018, Infrastructure Canada
   Newswire Article, The Government of Canada encourages community employment benefits through infrastructure projects, 22 June 2018
   Investing in Canada Plan http://www.infrastructure.gc.ca/site/alt-format/pdf/plan/icp-pic/IC-InvestingInCanadaPlan-ENG.pdf and project Map: http://www.infrastructure.gc.ca/gmap-gcarte/index-eng.html

2. Involve all relevant government stakeholders in the development of inclusive policy.
   
   Policy interventions need to be strategic and involve multiple levels of government, the relevant ministries, and other institutions to ensure efforts and resources are coordinated and aligned. The support and participation of key government agencies is important, considering the potential long-term effects of the intervention on the goal of achieving inclusivity in infrastructure development.
   
   Processes to involve the relevant government stakeholders, at both national and sub-national levels, should be interactive and iterative, and key activities will include seminars and workshops in the country and, where relevant, on a regional basis. In many countries, however, there is limited capacity to undertake this type of policy development^[72].
   
   
3. Conduct a comprehensive assessment of the needs of the vulnerable and under-served groups when inclusive strategies and policies are being developed, using the following criteria:
   
   
   • Who is the target group and why?
   • What policies are needed to support more rapid growth and inclusion?
   • What are the major obstacles to the target group’s inclusion and participation in more rapid growth?
   • How can governance arrangements be made more effective for the target group?
   • How can broad-based participation in dialogue and decision-making be enabled?
   • Are key sectoral policies and programs working to be more inclusive?
   • Can progress be measured, including the impact of policies and programs on inclusivity?^[73]
     
     
4. Use public stakeholder engagement to strengthen and legitimise policies which, in turn, increases people’s ownership and overall trust in government.
   
   Achieving inclusive policy outcomes depends on whether policies reflect and integrate the perspectives of diverse stakeholders. When public decision-makers closely represent the societies they serve, they enjoy greater public trust and bring attention to important socioeconomic issues^[74]. This can be achieved through creating opportunities for citizens to participate in and influence policy decisions by providing access to information and promoting an open government policy to strengthen the perception of legitimacy in the process.
   
   Also, the ability of civil society to hold governments accountable contributes to increased trust^[75]. Several considerations have been highlighted in the available literature on this subject:
   
   
   • Assessment of the status of participation, including the level of representation and accountability of governance structures.
   • Dissemination of information on inclusive policy options and goals to facilitate participation.
   • Seeking involvement in strategy design at the national and local levels, and consulting civil society and the private sector.
   • Analysing feedback on program implementation and budget execution.
   
   Stakeholder engagement is detailed further in Action Area 1: Stakeholder Identification, Engagement and Empowerment.
   
   
5. Select the right policy instrument to implement the inclusivity strategy.
   
   The term ‘policy instrument’ refers to the method by which policy is implemented in practice. Policy instruments can range from a broad administrative guidance note to a more specific and enforceable regulation that carries consequences for non-compliance.
   
   
6. Utilise existing bodies of international benchmarks, as well as existing national policies.
   
   Every new policy created to support inclusivity should consider national and international benchmarks, including the existing coverage of aspects of inclusivity at the national policy level, and international conventions and development objectives relevant to inclusivity.
   
   
7. Assess the content and purpose of existing policies and regulations that may be able to be built upon to specifically address elements of inclusivity.
   
   For instance, the UK Equality Act 2010 legally protects people from discrimination in the workplace and in wider society, with dedicated chapters on advancements in the transport sector^[76]. Having a strong policy that broadly seeks to reduce poverty may also be comparable to a dedicated inclusive infrastructure policy in many ways.
   
   By assessing existing policies and regulations, gaps can be identified, and an assessment made as to whether they should be amended, or new policies and regulations formulated.
   
   
8. Consider adapting sector-specific regulation to new sectors.
   
   For instance, Kenya’s Water Act 2016 recognises water access as a basic human right and specifies provisions to enhance access in remote and low-income areas. The same applies for the energy sector, where the Energy Act 2006 of Kenya establishes the Rural Electricity Authority’s responsibility to implement the Last Mile Connectivity Program with a mandate to ensure universal electricity access by 2020 (see the Kenya Water Sector Trust Fund Case Study and Last Mile Connectivity Program Case Study).
   
   

9. Consider sector-specific challenges when developing inclusivity policy objectives.
   
   As an example of a sector-specific policy approach, several principles have been identified as being relevant to improving inclusivity in the transport sector:

   • Availability: The public transport network should be within easy reach of people’s homes and take them to and from the places they want to go at times and frequencies that correspond to patterns of social and working life. People also need to be kept informed of the services that are available.
   • Accessibility: Vehicles, stops and interchanges, and connected walking paths, should be designed in such a way that, as far as possible, everyone is able to use them without difficulty.
   • Affordability: People should not be ‘priced out’ of using public transport because of high fares and should be able to easily find the right ticket for them.
   • Acceptability: People should feel that public transport is equipped to meet their needs, as well as being comfortable, safe and convenient[77].
     
     
10. Consider utilising existing development bank and international organisation inclusivity frameworks.
    
    Inclusivity is increasingly important to multilateral development banks and other international organisations. Many have implemented their own inclusivity frameworks, such as the World Bank, the Inter-American Development Bank (IADB), the Asian Development Bank (ADB), the European Investment Bank (EIB) and the European Bank of Reconstruction and development (EBRD). An example highlighted below is the EBRD’s Economic Inclusion Strategy (see Box 9: Illustrative example - EBRD’s Economic Inclusion Strategy and Inclusion Policy Engagement).
    
    

    BOX 9: ILLUSTRATIVE EXAMPLE – EBRD’S ECONOMIC INCLUSION STRATEGY AND INCLUSION POLICY ENGAGEMENT
    
    Inclusion strategy
    
    Economic inclusion and inequality have become the defining political, social and economic issues shaping the EBRD region^[78] today. The Economic Inclusion Strategy (EIS) is based on the concept of equality of opportunity and focuses on groups that experience disproportionate barriers to economic opportunity due to circumstances outside of their control – such as their gender, place of birth or socioeconomic background – which, in turn, influences their transition from education into employment. In this context, the primary target groups of the EIS are women, young labour market entrants and populations in disadvantaged (urban or rural) regions within a country, with an anticipated gradual expansion of target groups to include the ageing workforce, people with disabilities, refugees and others.
    
    The EIS is integrated in the overall strategic and project cycles at country level (for instance through diagnostic studies) or at project and policy level with EBRD’s forward-looking transition impact assessment system.
    
    There are three strategic themes:

    1. access to employment and skills;
    2. entrepreneurship and access to finance; and
    3. access to services that enhance economic opportunities (such as water, power, transport or infrastructure).

    The focus is on the systemic impact of benefits to materialise in the wider sector or market through scale and replicability. The application is across the EBRD’s investments, in all sectors and regions.
    
    Efforts can be complemented through technical assistance, bringing in the relevant technical expertise and capacity building at client and policy levels.

    Inclusion policy engagement
    
    The EBRD’s inclusion policy dialogue leverages its strong private sector engagement to achieve broader systemic impact at national, sectoral and regional levels by addressing structural, regulatory and other policy challenges to foster equitable access to economic opportunity. Inclusion Policy Engagement Programs integrate the EBRD’s experience in the following selected areas:

    • support the reduction and elimination of regulatory barriers to the access to all types of occupations for target groups;
    • introduce inclusive public procurement policies to encourage private sector contractors to offer work-based learning opportunities; and

    • further explore opportunities to:
      
      i. introduce Women in Business policy engagement to address regulatory barriers to the access of finance and entrepreneurship;
      ii. identify policy recommendations in relation to new target groups (ageing, disability and others), in line with country strategies; and
      iii. establish synergies between the EBRD’s Investment Climate and Governance Initiative and inclusive policy engagement.

    Every country, in line with the EBRD’s strategic priorities, benefits through tailored inclusion policy objectives and priorities.

    Source: EBRD Economic Inclusion Strategy

11. Consider inclusivity policies not just during design and construction, but also during the operational phases of projects.
    
    For example, the Department for Transportation in the UK has an internal guide to policies and practices to make rail accessible. It ensures all rail companies try to accommodate passengers with disabilities. This includes issues such as: the operator’s strategy, management arrangements, monitoring and evaluation, access improvements, working with others, staff training, emergency procedures, communications strategy and car parking.

Overview

Standards are a powerful instrument when they are implemented in national legislation with specific design codes, guidelines and enforcement mechanisms. They provide the necessary terms of references that ensure accessibility for all to physical infrastructure and associated services. Standards should be enforced at a national level alongside a robust monitoring and supervisory mechanism.

Some countries have implemented national certification systems and standards that cover certain aspects of gender equality, inclusion of older people and accessibility for people with disabilities. However, there is no global inclusivity standard that can be applied to address all the physical, behavioural and attitudinal barriers that these vulnerable groups routinely face. These barriers often prevent them from fully exercising their right to use and derive more positive outcomes from infrastructure.

Physical barriers are elements in the design of infrastructure that block access, such as staircases, doorways, layouts and the dimension of halls and sidewalks. They can be addressed with Universal Design standards. However, other behavioural and attitudinal barriers require the transformation of social norms to address the discrimination, prejudice, and unfair treatment these vulnerable groups can face every day when they are using and accessing infrastructure facilities. These types of barriers cannot be addressed with standards, but there are universal guidelines that can be adopted to lower them. A barrier-free environment is key to social inclusion in infrastructure.

The Case Study of the TransMilenio BRT system in Colombia illustrates the barriers that vulnerable groups, such as women, people with disabilities, homeless and informal vendors, face when accessing and using the BRT facilities.

In the project, the physical barriers were addressed with Universal Design standards but other behavioural and attitudinal barriers required a different approach. Using a variety of guidelines and initiatives, TransMilenio triggered a chain reaction of changes in the behaviour and attitudes of the citizens towards inclusivity. This Case Study successfully demonstrates the impact an inclusive infrastructure project can have on an entire society when exclusive barriers are removed.

Relevance

Inclusive standards, addressing physical, behavioural and attitudinal barriers, including Universal Design, can be used to create consistency in the approach to inclusivity.

Guidance

1. Mandate the implementation of Universal Design and other inclusiveness standards by law, include them in the project procurement and terms of reference, and integrate them in the approval process and performance criteria (including during the operation and maintenance phase). Long-term impacts should be monitored beyond project completion.

2. Consider internationally adopted design standards or a benchmark of several design standards.
   
   For example, many national level Universal Design standards (e.g. United States, Chile, Australia, Singapore, Vietnam and India) use the following principles contained in the International Disability and Development Consortium’s statement on the United Nations’ Convention on the Rights of Persons with Disabilities (CRPD) Article 9, where accessibility includes:

   • Equitable use: design that is useful and marketable to people with diverse abilities.
   • Flexibility in use: accommodates a wide range of individual preferences and abilities.
   • Simple and intuitive use: easy to understand, regardless of the user’s experience, knowledge, language skills, or concentration level.
   • Perceptible information: design that communicates necessary information effectively to the user, regardless of ambient conditions or the user’s sensory abilities.
   • Tolerance for error: minimises hazards and the adverse consequences of accidental or unintended actions.
   • Low physical effort: can be used efficiently, comfortably and with minimum fatigue.
   • Size and space for approach and use: design that provides appropriate size and space for approach, reach, manipulation, and use, regardless of the user’s body size, posture or mobility.
     
     
3. It is important for governments to take into account not only considerations of physical access, but also other dimensions of accessibility, such as the social, communication and information systems within a built environment (for example, see the TransMilenio Bus Rapid Transit Case Study)^[79].
   
   
4. Independent and external advisors can be used to provide benchmarks against other countries and supervise delivery of specific inclusivity elements, since the government implementing agencies and appointed contractors may not have the experience or the objectivity to assume these roles.
   
   

5. Adopt inclusive standards based on specific circumstances.
   
   There are many general inclusive standards available as guidelines. However, the implementation must also consider the specific circumstances of the project. The TransMilenio BRT System in Colombia (see TransMilenio Bus Rapid Transit Case Study) adopted a differential approach based on the ISO 26000:2010, Guidance on Social Responsibility with emphasis on the fundamental principle of “active participation and engagement of the community”. It includes several achievable principles in its governance practices, such as transparency, environmentally-friendly infrastructure and services for passengers with disabilities, women and the elderly.
   
   Some standards, norms and guidance related to inclusivity and Universal Design are listed in Box 10 below.

   BOX 10: GUIDANCE AND STANDARDS FOR INCLUSIVITY AND UNIVERSAL DESIGN

   ISO 26000:2010, Guidance on social responsibility^[80] provides direction on the definition of social responsibility to help businesses and organisations translate principles into effective actions.

   BS 76005, Valuing people through diversity and inclusion – code of practice for organisations^[81] provides recommendations for undertaking, reviewing, and assessing a competent and principled approach to diversity and inclusion in the workplace.

   ISO/AWI 30415 Diversity & Inclusion^[82] (ongoing, to be released in July 2019) includes guidelines for global diversity and inclusion goals and strategies in organisations (including initiatives, programs, competencies and associated methods), and identifies related success factors (business case elements) that benefit organisations. Strategies and associated activities can include addressing leadership, organisational culture and programs, and supportive metrics (to use as internal assessment guidelines for identifying gaps in programs, systems, processes and practices).

   The Gender Equality Framework^[83] is part of the ‘Gold Standard for the Global Goals’, a certification that aims to ensure climate action projects contribute to the United Nation’s Sustainable Development Goals. It enables developers and funders of climate protection projects to quantify, certify and maximise contributions to empowering women and girls. By quantifying and certifying gender impacts, projects can tap into additional funding from an increasing pool of gender-lens investors and a rising demand to credibly report on what dollars spent have delivered through verified impact data. The Framework’s “Gender Sensitive Requirements” are obligatory for every Gold Standard-certified project and ensure they follow the latest best practices in, for example, consulting with a representative cross-section of local women and men, and adhering to gender-sensitive safeguards.

   The Age and Disability Consortium developed the Humanitarian Inclusion Standards for older people and people with disabilities^[84]. They are designed to help address the gap in understanding the needs, capacities and rights of older people and people with disabilities, and promote their inclusion in humanitarian action. There are nine key inclusion standards, derived from the Nine Commitments of the Core Humanitarian Standard on Quality and Accountability (CHS), and seven sets of sector-specific inclusion standards: protection; water, sanitation and hygiene; food security and livelihoods; nutrition; shelter, settlement and household items; health; and education.

   The London Olympic Delivery Authority developed the Inclusive Design Standards^[85], which are based on existing good practice guidance and include lessons learned from the London 2012 Olympic and Paralympic Games construction project. They contain detailed drawings and specifications on inclusive design, and sample documents that can be used as templates for best practice. The standards are a source of information for designers, project managers, engineers, access consultants and cost consultants who are interested in creating inclusive and accessible environments and buildings.

   ISO/IEC Guide 71:2014^[86] provides guidance to developers of standards on addressing accessibility in products, services and built environments. To assist standard developers to define accessibility requirements and make recommendations, it presents a summary of current terminology relating to accessibility; issues to consider in support of accessibility in the standards development process; a set of accessibility goals (used to identify user accessibility needs); descriptions of (and design considerations for) human abilities and characteristics; and strategies for addressing user accessibility needs and design considerations.

6. Properly price Universal Design costs to increase acceptance.
   
   Universal Design is often perceived to be a costly exercise, and some project developers and owners assume costs are larger than they are. This can be the result of a lack of knowledge or experience. Others rely on inaccurate construction cost estimates. Various studies have been conducted concluding that costs may be as low as 0.01% in relation to the gross domestic product or 1-2% of the cost of buildings^[87]. Another misconception relating to the cost of incorporating Universal Design is how much extra physical space is required. In many cases, it may only require rearranging and planning within the available space^[88]. It is worth noting that it is better to address inclusivity at the outset. Retrofitting can be much costlier and add to future risks.
   
   

7. Consider replicating existing guidelines and standards from other sectors to ensure accessibility and use of infrastructure by all.
   
   The transport sector has a significant level of maturity in regard to inclusivity standards, relative to other infrastructure sectors. There are, however, some standards which have been developed for projects in other sectors, such as water and sanitation infrastructure. For instance, in Kenya, projects funded by the Water Sector Trust Fund (see Water Sector Trust Fund Case Study) require special toilets for women with children and a dedicated women’s waiting area.
   
   

Examples

As examples of the standards used in the transport sector, Box 11 describes the Universal Design codes for rail systems in the UK, and Box 12 sets out the corresponding Universal Design codes for UK bus systems.

Example Case Study: U.S. Bank Stadium

More Case Studies