Rwanda Union of the Blind (RUB) has requested the government to fast-track the revision of the copyright law so that it authorizes businesses in the publishing sector to make books in accessible formats for persons who are blind, visually impaired and print disabled without asking for permission from the owners and authors. The Marrakesh Treaty was adopted on June 27, 2013 and it entered into force on September 30, 2016. The treaty was ratified by Rwanda on September 7, 2020. It builds up a relationship between intellectual property treaties and human rights conventions, especially the Convention on the Rights of Persons with Disabilities (CRPD). In Rwanda, there are an estimated 400,000 people with visual impairments, the majority of them being youth. The treaty aims to enhance the human rights of persons who are blind, visually impaired or print-disabled by facilitating their ability to create, read, and share books and other cultural materials in accessible formats. However, the Rwanda Copyright Law still has barriers to the treaty’s implementation as it requires that before making any materials accessible, permission needs to be sought from the owners or publishers of such works to protect their businesses, according to Rachel Musabyimana, the Advocacy and Communication Officer at Rwanda Union of the Blind (RUB). “The Marrakesh Treaty tries to break this barrier. It breaks this barrier by requiring countries which ratify the Treaty to have an exception to domestic copyright law and policies for persons who are blind, visually impaired and print disabled,” she said. This means, she noted, that countries which ratify the treaty must ensure their laws and policies allow persons who are blind, visually impaired or print-disabled access books in accessible formats without asking for permission from the owners, authors or publishers. The treaty also allows for the importation and exportation of books and other works in accessible formats without asking for permission from the owners, authors or publishers. This assists to avoid transcription duplication of already accessible books or works in different countries. Those countries with more accessible books and works can easily share with those countries with less materials like Rwanda. Individuals who are blind, visually impaired or print disabled and their representative organisations are able to import or receive books or other works in accessible formats without any restrictive limitations under Copyright laws like the Rwanda Copyright law. Rwanda is 82nd party to the treaty. Thanks to the Marrakesh Treaty, Rwanda stands to gain access to more than 630,000 accessible books. “The Marrakesh Treaty was negotiated against the shortage of printed works and cultural materials in accessible formats in the world. This has been referred to as the “book famine”. In simple terms, the “book famine” means hunger when it comes to accessing books for persons who are blind, visually impaired or print disabled. This ‘hunger’ still exists in Rwanda,” Musabyimana said. The Ministry of Trade and Industry has told the media that it has held a meeting with Rwanda Union of the Blind (RUB), National Council of Persons with Disabilities (NCPD) to discuss making use of Marrakesh Treaty. The Ministry said it has harmonized articles in the Marrakesh Treaty with Rwanda copyright law. “The draft law is in the parliament,” it said. The Ministry said it is planning to start an activity to raise awareness about the Marrakesh treaty among different partners, public and private institutions, people with visual impairment, authors and publishers among others. Richard Kayibanda, the Registrar General at Rwanda Development Board (RDB) told The New Times that the treaty comes to enhance an exception to the copyright that was already provided for in the 2009 intellectual property law. “This Treaty provides not only details about the adaptation of otherwise copyrighted works for their accessibility to the visually impaired persons; but also enables the importation of such adapted works. Since the ratification of Marrakesh Treaty, different organizations; public and civil society organizations are working together to raise awareness for the effective use of the treaty. Note that it will be subject to a certain period to become effective,” he said.
