IFLA’s role in the implementation of the Marrakesh Treaty

Abstract

This article critically analyses the significant role of IFLA in the implementation and adoption of the Marrakesh Treaty in member-state libraries. The challenges and hindrances affecting the implementation of the Treaty are also highlighted. The article establishes that, despite signing the Marrakesh Treaty, the implementation of the Treaty by member states has been met with resistance. The article, however, recognises the significant role that IFLA has played in the implementation of the Treaty, including acting as a representative of libraries globally and in its advisory and advocacy roles and outreach services. Finally, the article discusses and offers various suggestions – for example, IFLA should recruit and incorporate more countries in the association; have wide language diversity; develop competency skills and training; and organise frequent conferences and workshops on the Marrakesh Treaty.

Keywords

Marrakesh Treaty academic libraries IFLA copyright human rights WIPO

Introduction

The introduction of the Marrakesh Treaty by the World Intellectual Property Organization (WIPO) in 2016 and the subsequent ratification of the Treaty by several countries was seen as a significant milestone by the World Blind Union in ensuring the production and international transfer of specially adapted books for the blind or visually impaired people. However, since its inception, the number of countries that have fully implemented the Treaty is still worrying. According to the World Blind Union, 90% of published materials are not accessible for the visually impaired – a situation that has led to what it terms a ‘book thirst’ or ‘book famine’.

Even though access to information materials has been construed as a fundamental human right, the visually impaired have always been disadvantaged in accessing and utilising information materials in an appropriate format. Martínez Calvo (2014: 2) argues that visually impaired individuals have the same needs and requirements in accessing information for education, leisure and employment purposes, and they should not be denied. Fitzpatrick (2014: 142) is of the opinion that the advancement of technology, market failure and copyright law have created a complex dilemma for the visually impaired in depriving them of fair access to education and civic participation. In developing countries, the issue is considered to be more severe than in developed countries. Initially, there were efforts by individual countries to break down these barriers, but it has proved difficult due to financial constraints. However, the introduction and signing of the Marrakesh Treaty brought some temporary relief to the problem of information access by visually impaired people. The signing of the Marrakesh Treaty meant that there would be an easy flow and sharing of published work globally – for instance, a book published in one country can easily be shared by a student in another country. In short, there would be easy cross-border exchange and sharing of information resources without hindrance. Vleugels (2021: 76) notes that the treaty enables member countries to have copyright exemptions therefore publishers and organizations are able to reproduce and distribute books and other information materials available across border countries. The Treaty will therefore eliminate the ‘book famine’ experienced by most visually impaired. Temple (2018) notes that the Treaty addresses the dearth of accessible books for those who are blind or visually impaired. However, the uptake of the Treaty has not been smooth; not all of the countries that have signed the Treaty have fully implemented it. This trend is worrying. Statistics globally indicate that very few institutions have implemented the Treaty in their libraries. IFLA has been one of the advocates for free access to information resources using the Marrakesh Treaty. It is as a result of this development that this article seeks to establish the significant role that IFLA is playing in the implementation of the Marrakesh Treaty in libraries.

The Marrakesh Treaty

The Marrakesh Treaty was signed at the end of the WIPO Diplomatic Conference in Marrakesh, Morocco, on 27 June 2013. It has borrowed a lot from the US Copyright Act, specifically the Chafee Amendment to the 1976 Copyright Act – the exception benefitting print-disabled individuals in the USA, which was initially drafted by the US delegation (Band, 2013; Helfer et al., 2017). WIPO initiated the Marrakesh Treaty and the main aim of the Treaty is to ensure that the visually impaired have access to information. Coates et al. observe:

The Marrakesh Treaty…is an international treaty adopted in 2013 by member states of the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations. The full title is The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. (Coates et al., 2018: 10)

The Treaty is the first copyright treaty with human rights principles at its core. WIPO (2016) states that the main goal and benefits of the Marrakesh Treaty are to increase access to information materials for the world’s population of persons with print disabilities. The Treaty was developed in the anticipation that it would significantly assist and bring positive effects for both developed and developing countries in facilitating access to published works for persons who are blind, visually impaired or otherwise print-disabled. Turner (2019) notes that the Treaty greatly benefits developing countries because most of them have a limited number of books in accessible formats. The Treaty therefore enables them to import books from countries with extensive information resources. Stamm and Hsu (2021) point out that the Marrakesh Treaty has significantly been able to expand fair use to benefit people with reading disability. This has also necessitated an increase in accessible formats for the various visually impaired beneficiaries. Land (2018) is of the opinion that the Marrakesh Treaty is one of the most outstanding treaties in that it compares human rights and intellectual property; as such, it mandates that governments make compulsory exceptions to copyright law to protect the rights of people with disabilities. However, despite the benefits of the Treaty, we are encountering some hurdles in its implementation. IFLA (2018) observes that although the Treaty offers some great benefits, the adoption and implementation of the Treaty has been relatively slow. It notes that it is critical to remember that the objective of the Treaty is to remove barriers to access. Trimble (2014:1) argue that the Marrakesh Treaty “has created a remarkable puzzle for the experts who will have to implement the Treaty into national legislations” – this puzzle has been caused by the rules for implementation and the varying interpretations of individual members’ copyright laws.

Copyright law and the Marrakesh Treaty

The Marrakesh Treaty revolves around copyright issues and the copyright holder. Martínez Calvo (2014: 4) describes the Treaty as the only copyright-related international treaty that was drafted by consumers, is aimed at consumers and is driven by consumers. Copyright law has always been seen as a hindrance to access to information by the print-disabled (Mann, 2001, cited in Were et al., 2021:1). Band (2013) notes that, in many countries, copyright law usually presents a barrier to the dissemination and distribution of copies of information materials in formats that are accessible to the print-disabled. With the advancements in technology, it means that the visually impaired have two options to access information: that is, by using computer-aided gadgets or printed books. However, Mann (2001) notes that this brings two types of access barriers, and publishers and copyright holders need to provide the copyrighted information in accessible formats for the visually impaired. The new technology has changed the whole concept of access to print and computer copyrighted information, with screen readers, large screens and digital audio presentations, for example. The Marrakesh Treaty includes several exceptions and limitations to accessing information for the countries that are signatories of the Treaty.

Cross-border export of works in accessible formats

Under this provision, the Treaty expects governments to allow the export of accessible formats of informational materials subject to certain conditions (Helfer et al., 2017). Initially, due to copyright law restrictions, copyrighted books in accessible formats could not be shared between countries; for accessibility, a book had to be reproduced in another country, which was expensive and also seen as a duplication of effort. This contributed to the ‘book famine’.

In the case of exporting, accessible format copies made under an exception or other law can be exported by an ‘authorised entity’ to a visually impaired beneficiary or an entity authorised to act on their behalf in another country that has signed up to the Treaty. (Oppenheim, 2017: 6)

However, Fitzpatrick (2014: 158) notes that to reduce privacy risks and mitigate publishers’ concerns about copyright, cross-border exchange is only done between authorised entities and beneficiaries.

Reproduction of copies in accessible formats

The Treaty allows for the reproduction of copyrighted works in accessible formats without necessarily having to seek permission from the rightful copyright holder. Article 4 of the ‘National Law Limitations and Exceptions Regarding Accessible Format Copies’ states:

Contracting Parties shall provide in their national copyright laws for a limitation or exception to the right of reproduction, the right of distribution, and the right of making available to the public as provided by the WIPO Copyright Treaty (WCT), to facilitate the availability of works in accessible format copies for beneficiary persons. The limitation or exception in national law should permit changes needed to make the work accessible in the alternative format. Helfer et al. (2017: 39)

On reproduction, the Treaty focuses on reproducing books in accessible formats – for instance, converting printed books into audiobooks or even Braille. This can also involve the conversion of books into conventional formats such as speaking books. Fitzpatrick (2014: 158) observes that, according to the Marrakesh Treaty, authorised entities can reproduce, distribute and make publicly available accessible format copies to the defined beneficiaries. These entities must satisfy four conditions: (1) they must lawfully create works in accessible formats – that is, the party converting the work must have ‘lawful access’ to the copyrighted work; (2) only what is needed by the beneficiary much be changed; (3) the accessible works should be the only ones supplied to the beneficiaries; and (4) the activity must be undertaken on a not-for-profit basis. Macharia et al. (2020: 236) observe that the Marrakesh Treaty was established to enable the reproduction of copyrighted works in accessible formats that are useable for persons who are blind, visually impaired or otherwise print-disabled, without necessarily having to consult with the copyright holder. Macharia et al. (2020: 241) further note that, through the removal of reproduction-permission legislation, the Marrakesh Treaty gives the visually impaired an opportunity for timely access to information.

Import of accessible format copies

Here, the Treaty allows countries of a contracting party to import copies of accessible format without the right holder's permission. According to Oppenheim (2017: 6), an ‘important feature of the Treaty is that it requires contracting parties to allow the import and export of accessible format copies’. This implies that the contracting parties, as defined in the Treaty, can freely import accessible format copies from any country for the beneficiaries. Helfer et al. (2017: 56) note that countries which have ratified the Treaty can also import accessible information formats from countries that have not ratified the Treaty. According to Helfer et al. (2017: 56), this is a move to increase and expand the accessibility and availability of accessible formats for the benefit of the visually impaired.

Distribution/availability

This refers to the transfer of accessible copies to other authorised entities – for instance, through, ideally non-commercial, lending or donations. The Marrakesh Treaty is mandated to ensure that there is broad access to accessible formats of information for visually impaired people around the globe who have limited access to information. From the research that has been conducted Turner (2019), the majority of disadvantaged people are from developing countries. The Treaty therefore benefits developing countries. Helfer et al. (2017) state that the main objective of the Marrakesh Treaty is to increase the availability of copyrighted works globally for the nearly 300 million individuals with print disabilities.

Functionality of the Marrakesh Treaty

In summary, as shown in Figure 1, the main objective of the Marrakesh Treaty is to break down the barriers that are associated with the accessibility and utilisation of informational materials by visually challenged individuals globally. These barriers include, but are not limited to, production, distribution, cross-border exchange and the importation of accessible formats. The Treaty also aims to increase access and improve the equitability of accessible information formats for the beneficiaries. It is therefore an assumption that the removal of the barriers will be of great benefit to the over 285 million people worldwide who are visually impaired .

Figure 1.

Publishers'/ Copyright/ Barrier sounds better.

Challenges and shortcomings of the Marrakesh Treaty

Although the Marrakesh Treaty has been established and ratified by several countries, it is not fully implemented by many member countries. Implementation, as mentioned earlier, is hampered by various interpretations of the law in different countries. Oppenheim (2017) notes that despite many countries having contracted to the Treaty, very few have ratified it and are hence not able to put it into use. According to Turner (2019) observed that only 82 countries have so far ratified the Treaty. Some of the challenges experienced by countries are discussed in the following.

Role of publishers

The Marrakesh Treaty does not oblige publishers to make copies of works in accessible formats. As such, most publishers are reluctant to provide accessible formats. According to Stamm and Hsu (2021: 694), publishers are not creating conducive platforms for people with visual impairments. Hua (2017: 9) argues that the emergence of technological protection measures has enabled copyright owners to hinder access to and use of their works. Hua further notes that more copyright owners are adopting technological protection measures to control access to and use of their works, which has become a drawback for the visually impaired in accessing these works.

Reproduction

The Marrakesh Treaty legalises the reproduction of works in accessible formats. However, the copyright holders are not mandated to make the reproductions. The reproduction of such content is usually costly, and the government or state generally relies on non-governmental organisations or well-wishers to do the reproductions. Stamm and Hsu (2021: 694) note that the omission in the Marrakesh Treaty with regard to publishers being obliged to reproduce works in accessible formats significantly undermines the spirit of the Treaty.

Beneficiaries

Despite the fact that there are many types of visually impaired people, the Marrakesh Treaty does not strictly specify who the beneficiaries of the accessible formats are supposed to be. As such, the Treaty leaves room for countries to decide who is to benefit. Li and Selvadurai (2019) observe that, the copyright exception in china law is only available for translating a published work into Braille, leaving the majority of print-disabled persons without benefit because they are unable to read Braille (p. 2) in its legislation. IFLA (2020b) indicates that although people with other disabilities are not included in the Treaty, member states should include them as they wish.

Copyright

Oppenheim (2017) raises the point that there were allegations by rights-holder groups that the adoption of the Treaty would significantly weaken their copyright-creating industries. As Kaunda and Chizwina (2019: 10) note: ‘One of the challenges of making material accessible to visually impaired people is the reluctance of some countries, particularly in the European Union, to ratify the Marrakesh Treaty’. However, Helfer et al. argue that

the compelling and well-supported claim that individuals with print disabilities are entitled to access books and cultural materials on the same terms as sighted people transformed the negotiations, shifting the debate from concerns about how the Marrakesh Treaty might weaken intellectual property protection to a focus on the fundamental rights of citizenship. (Helfer et al. 2020: 342)

Market demand and production

There is always the argument that the market for the visually impaired is not profitable. As such, most publishers never dare venture into providing their resources in accessible formats. Fitzpatrick (2014: 143) terms this an ‘Orphan market’, meaning that there are usually high production costs, which limits innovation. Furthermore, due to the high cost of production, accessible formats are equally costly, and most visually impaired people are not able to purchase them, thereby limiting the demand for such formats. Hua (2017: 10) notes that copyright owners are interested in distributing their works in more profitable markets.

Remuneration

The introduction of remuneration in the Treaty complicates it and makes it subject to exploitation. Remuneration, as found in the first clauses of Article 4(4) and Article 4(5), permits a country to ban the creation of accessible format copies if the copyright owner has already made the work commercially available in that particular format. In contrast Article 4(5), the second clause permits a state to require compensation as a condition of creating or distributing accessible format copies. Helfer et al. (2017: 5) argue that implementing this clause impedes the creation and exchange of accessible format works in at least two respects: (1) it introduces unnecessary complexity that could deter beneficiaries and authorised entities from exercising their Marrakesh Treaty rights and (2) remuneration creates a financial burden that may make works effectively unavailable for many print-disabled individuals. Remuneration therefore represents a significant disadvantage for developing and the least-developed countries, as well as for poor people in middle-income and wealthy countries. The broad remuneration requirement also creates the risk of discrimination between print-disabled and non-print-disabled individuals.

Language diversity and culture

There are many different cultures and languages globally. According to the Marrakesh Treaty, it allows for the free and easy cross-border exchange of accessible copies of works. Bayan (2016, cited in Olwan, 2017: 184) argues that, in the Arabic world, there are very few books that are published in the Arabic language. As such, the cross-border exchange of accessible copies will be of no value to Arabic-speaking nations. Olwan (2017) also notes that few businesses and non-profit organisations are able to convert these texts into accessible formats.

Implementation of the Marrakesh Treaty

The Treaty fails to offer guidance on how it should be implemented in a member country and by whom. This is a major hindrance, bearing in mind that the Treaty needs to be adopted in all types of libraries and institutions that fall under the remit of various ministries and departments, depending on the member state. It is against this backdrop that IFLA has been trying to champion the implementation of the Treaty among its signatories.

Benefits of the Marrakesh Treaty for individual libraries

The adoption of the Marrakesh Treaty has several benefits for individual libraries:

It inspires and encourages libraries to engage in library cooperation, inter-lending and partnerships. Libraries are able to share accessible resources, which enables comprehensive access to information resources. Such cooperation and partnership can be on both a national and international level.

It enables libraries to offer easy and fast access to information in accessible formats. As such, it improves services for people with a print disability or the visually impaired. They are able to have access to more books, which are delivered faster and at a reduced cost.

It encourages innovation and the application of new technologies in libraries. With the Treaty in place, libraries are encouraged to innovate and adopt new technologies in assisting print-disabled people to have easy access to books and other information resources. Mann (2001) notes that libraries are able to create a virtual world library of alternative formats.

It encourages libraries to formulate the necessary policies for inclusivity and equality and, as a result, justifies an increase in the library budget.

It improves the relevance of libraries in providing information for all library users, enabling libraries to achieve their mandate. Martínez Calvo (2014) suggests that, with the Marrakesh Treaty in place, libraries have been given an excellent opportunity to serve their users more effectively.

It opens up opportunities for libraries to get grants and other donor funding to support the services permitted under the Treaty’s legal framework.

IFLA

IFLA (2001) states that it is a worldwide, independent non-governmental organisation. As stated in IFLA’s statutes, its role is

to promote high standards of delivery of library and information services; to encourage widespread understanding of the value and importance of high-quality library and information services in the private, public and voluntary sectors; and to represent the interests of its members throughout the world IFLA (2001).

Brazier (2007: 867) describes IFLA as the leading international body representing the interests of library and information services and their users. Moreover, Brazier (2007: 867) notes that IFLA is the global voice of the library and information profession and an independent, international, non-governmental, not-for-profit organisation. IFLA is the global voice of libraries, representing the interests of the profession and working to improve services worldwide. Rudasill (2015) states that although IFLA is more widely recognised with regard to issues to do with the World Library and Information Congress (WLIC), it performs other duties that might be invisible to many, including representing the global voice of libraries and the librarian profession, working with international bodies, supporting the development of national associations, negotiations on copyright issues, and being an advocate of cultural heritage. In summary, IFLA is an organisation that aims to represent the voices of libraries and librarians globally. IFLA boasts a strong membership, a vibrant professional community and close collaboration with its partners.

Significance of IFLA and the Marrakesh Treaty in libraries

The role of IFLA in the adoption and implementation of the Marrakesh Treaty in libraries is of great significance. Libraries are classified under various categories, such as academic libraries, public libraries, community libraries, school libraries or special libraries. They depend on funding and support from their parent organisations. As such, implementation of the Marrakesh Treaty independently is impossible. It is in this regard that IFLA’s role is indispensable. The significance of IFLA in the implementation of the Marrakesh Treaty can be summarised under three headings.

Representation of libraries and the voice of librarians

IFLA represents libraries and the library profession in international forums and ensures that libraries’ roles are recognised. It advocates for libraries and their users in international forums. IFLA was involved in the first proposal of the Marrakesh Treaty by the World Blind Union. It strongly supported negotiations for more than five years at WIPO, and participated in the diplomatic conference in Marrakesh that led to the Treaty’s adoption.

Establishment of IFLA guidelines and standards

IFLA has introduced authoritative guidance and legislation that is not punitive to libraries and library users. The association has been able to develop various policies, guidelines and standards that can assist libraries in the implementation of the Marrakesh Treaty, including ‘IFLA guidelines for library services to persons with dyslexia’ Bolt (2018), ‘Getting started: Implementing the Marrakesh Treaty for persons with print disabilities’ (Coates et al., 2018) and ‘Getting Marrakesh ratification right – a toolkit’ (IFLA, 2020a).

Implementation and monitoring

IFLA encourages the speedy and prompt implementation of the Marrakesh Treaty in member countries. This is done through advocacy programmes with national library associations and also through meetings, workshops and conferences with stakeholders – for instance, countries’ legislative bodies or associations. IFLA equally monitors the progress of the implementation of the Marrakesh Treaty through regular reports so as to ascertain the progress being made and also act as a source of advocacy for other nations to follow suit.

Implementation of the Marrakesh Treaty, 2018–2020

The Marrakesh and monitoring reports are useful information resources that enable countries access the implementation progress of the Treaty (see Figure 2).

Figure 2.

Implementation of the Marrakesh Treaty, 2018–2020.

IFLA enables countries to make appropriate decisions when implementing the ratification of the Treaty and also offers several forms of guidance.

Advisory role

IFLA offers advisory services to libraries on the implementation process and enactment of policies on the implementation process. IFLA, through its Advisory Committee on Copyright and other Legal Matters, has developed the following to ensure the smooth implementation and adoption of the Marrakesh Treaty: a tool kit offering guidance on the ratification process for member countries (IFLA, 2020a), a ‘Getting started’ guide offering step-by-step guidance for libraries (Coates et al. 2018) and, finally, the Marrakesh Monitoring Report IFLA (2020b), which analyses how various governments and libraries are implementing the Marrakesh Treaty.

Strengthening national associations

IFLA’s role in the Marrakesh Treaty forms the basis and justification for why countries need to have library associations and participate actively. Although a country’s ratification of the Treaty can be done easily and quickly, the lack of a national library association can jeopardise the entire process. As such, the Treaty brings with it the possibility for countries that lacked a library association to establish one, and countries that have undermined their associations to reconsider their decision. The Treaty also forms the basis for why institutions should register and become member institution of IFLA. According to IFLA (2019b), it collects ratification data from individual countries’ library associations. As such, countries that lack library associations are not represented and cannot be offered avenues of assistance.

Advocacy

Advocacy is one of IFLA’s main pillars. IFLA engages in various advocacy activities to ensure that the implementation of the Treaty is realised. These include:

Identifying countries’ concerns about the Marrakesh Treaty and addressing them. For instance, three versions of ‘Getting started: Implementing the Marrakesh Treaty for persons with print disabilities’ (Coates et al., 2018) have been developed: a general version, a US version and a Canadian version.

Sharing knowledge and coordinating efforts.

Meeting with stakeholders.

Mobilising national associations to participate in national and regional conferences and workshops.

General IFLA outreach services

IFLA, as part of its mandate to ensure that it reaches out to all libraries and librarians, has developed other avenues and platforms in which librarians and libraries are able to participate by sharing their ideas, thoughts and experiences. IFLA has created two main avenues in this regard.

The first is the IFLA Global Vision Ideas Store. This is a web page that has been developed by IFLA on its website. Its function is to engage libraries and librarians across the globe in sharing and exchanging ideas and information. Through this web page, libraries are able to share their creative ideas and, equally, learn from others. This concept is useful in the current digital age where there is an increasing reliance on community knowledge across the globe. The strategy of the Global Vision Ideas Store is to ensure that libraries are united so that they can forge a strategic roadmap for the future to address common challenges.

The second avenue is the IFLA Library Map of the World. According to IFLA (2022), the Library Map of the World is a ‘representative source of basic library statistics and a robust tool providing country-level data and a worldwide comparison of different library performance metrics by region’. This website provides various statistics with regard to library activities in each country of the world. Mandl and Ramiresa (2022) state that IFLA’s Library Map of the World is a very resourceful advocacy tool in providing global statistics for libraries. For instance, the tool has statistics metrics on the types of library and number of libraries in each country, global library projects being undertaken under the United Nations Sustainable Development Goals, and selected libraries’ performance. However, despite all of this positive progress, the Library Map of the World lacks accurate statistical metrics data since it relies on national associations to provide the data, and they are at times reluctant to do so.

Discussion and recommendations

IFLA is one of the institutions, alongside WIPO, that has been at the forefront in advocating for the implementation of the Marrakesh Treaty. Its significant role in the implementation of the Treaty has been impressive. However, despite these efforts, very few institutions or countries have adopted the Treaty and put it into practice. Nevertheless, it is hoped that once more countries start the implementation process, more institutions and libraries will see the value of implementing the Treaty in their own countries and organisations. To speed up the implementation of the Marrakesh Treaty in libraries, this article discusses and proposes several measures that might be considered by IFLA.

Conferences and seminars for advocacy

IFLA is more generally acknowledged for organising the WLIC. The WLIC is usually the highlight of the year for IFLA. It is an occasion where high-quality discussions focusing on library professional development services and information access are tabled. As such, the WLIC is a perfect forum for advocacy and lobbying new and innovative ideas among IFLA members. In the wake of the Marrakesh Treaty, this article notes that the WLIC has not been vigorous enough in championing the Treaty among IFLA members. It is therefore recommended that IFLA should consider organising more conferences on the implementation of the Marrakesh Treaty to create wider global awareness. Since the signing of the Treaty in 2013, IFLA has only been able to hold five conferences (in 2014, 2016, 2017, 2018 and 2019). Table 1 lists the conference sessions and papers presented in relation to the Marrakesh Treaty.

Table 1.

Conference sessions and papers on the Marrakesh Treaty.

Year	Conference	Marrakesh papers and presentations
2014	WLIC 80th IFLA Congress and General Assembly, Lyon, France	The role of libraries in the implementation of the Marrakesh Treaty for persons with a print disability (Martínez Calvo)
2016	WLIC 82nd IFLA General Conference and Assembly, Columbus, USA Session 200: Collaborating across Borders – Making Accessible Resources Available	Implementing the Marrakesh Treaty and facilitating cross-border exchange (Accessible Books Consortium)
2017	WLIC 83rd IFLA General Conference and Assembly, Wrocław, Poland Session 096: Marrakesh – The Road to Implementation	The road to ratification: Experiences in developing and transition countries The Marrakesh Treaty for visually impaired people: A focus on (public) libraries in Europe From Marrakesh to Murrumburrah: The Australian journey to implement the Marrakesh Treaty Creating a model for advocacy towards ratification: A developing country
2018	WLIC 84th IFLA General Conference and Assembly, Kuala Lumpur, Malaysia Session 138: Marrakesh Treaty in Force: The Role of Libraries	The right guide: Making Marrakesh come to life Impact of the WIPO Marrakesh Treaty on international cooperation for library services to persons with print disabilities ABC and implementing the Marrakesh Treaty Building capacity for Marrakesh Treaty readiness The Marrakesh Treaty and stories of librarians in Latin America
2019	WLIC 85th IFLA General Conference and Assembly, Athens, Greece Session 071 : The Marrakesh Treaty in Action: Implementing the Treaty and More Ideas for Accessible Digital Reading	How does the European Union promote accessible reading? Implementing the Marrakesh Treaty, Web Accessibility Directive and European Accessibility Act Marrakesh Treaty in a nutshell From Marrakesh to Geelong: An Australian case Russia and the Marrakesh Treaty

Notably, after the signing of the Marrakesh Treaty in 2013, the WLIC 81st IFLA General Conference and Assembly was held in South Africa in 2015, but there were no sessions or papers presented on the Marrakesh Treaty, despite Africa being a region that suffers from a lack of accessibility to information in accessible formats for the visually impaired. The organisation of more conferences, workshops and seminars will play a great role in advocacy and awareness of the role of IFLA in the implementation of the Treaty among countries. Bedogni et al. (2022) argue that conferences are fundamental avenues for sharing, spreading and communicating new knowledge in all disciplines; they give scholars opportunities to meet and share valuable ideas. In Africa, for instance, it is surprising that even though the Marrakesh Treaty was signed in Marrakesh, Morocco is still not a member of IFLA, which implies that a lot needs to be done to promote advocacy of the Marrakesh Treaty and the role of IFLA in its implementation.

Role of the IFLA Trend Reports

The IFLA Trend Report was first introduced in 2013. It was designed to ensure that there is a constant discussion on various topics that could assist libraries in their future planning. Rudasill (2015) notes that the Trend Reports are not static documents; rather, they discuss topical issues that affect the library environment and systems. The idea behind the Trend Report was to ‘engender discussions about how these trends are likely to affect us and explore new approaches to the expanding information society’ (Rudasill 2015: 162). The Trend Reports are mandated to take a broad approach and identify five high-level trends shaping the information society, from access to education to privacy, civic engagement and transformation. However, it is evident that the Trend Reports have never addressed any issues pertaining to the Marrakesh Treaty. This limits advocacy of the implementation of the Treaty. It is only in the ‘IFLA Trend Report 2019 Update’ that the Marrakesh Treaty is mentioned briefly:

as public libraries become connected to the internet, they can become incubators for local content. As countries implement the Marrakesh Treaty, libraries can lead the drive to realise the right of people with print disabilities to equal access to information. (IFLA Trend Report, 2019)

Table 2 gives a summary of all the IFLA Trend Reports and the themes of discussion. This article is of the opinion that, although the IFLA Trend Report Updates have had an impact on certain areas of the library sector, they should also encourage contributors to focus on other pertinent issues, such as the Marrakesh Treaty, so as to increase awareness and advocacy globally among librarians. It is as a result of these developments that this article recommends that the IFLA Trend Report Updates should equally consider focusing on topical issues such as the Marrakesh Treaty so as to make all institutions and countries aware of the trending issues behind the Treaty, and also offer reports on empirical progress and successful achievements among institutions that have fully adopted the Treaty.

Table 2.

IFLA Trend Reports.

Report	Theme
IFLA Trend Report 2016 Update	It is far better to foresee, even without certainty, than not to foresee at all.
IFLA Trend Report 2017 Update	Libraries, as community-based institutions, can both shape and be shaped by external forces. If we take the time to understand them, we can be pioneers in pushing for stronger, fairer and more participatory societies.
IFLA Trend Report 2018 Update	We cannot tell what will come in the next 10 years, but we do know that by combining our intelligence, our forces and our voices, we will be best placed to respond.
IFLA Trend Report 2019 Update	Our societies are facing unprecedented uncertainty and complexity. To respond, information and the libraries that give access to that information are more vital than ever before.
IFLA Trend Report 2021 Update	Twenty political, economic, social, cultural and technological trends to shape the future of the library field and the communities that libraries serve, as identified by emerging library leaders.

Language diversity of IFLA documents

IFLA is a global organisation with a diverse membership. It is therefore an international organisation that represents all countries globally. The membership of the association cuts across entire continents, which have diverse languages and cultures. Kapnisi (2009) argues that IFLA, as an international organisation, is focused on ensuring that it embraces language diversity. As such, it is more language-diverse than UNESCO: it is a leading international organisation with more language diversity (seven languages) compared to UNESCO (six). Kapnisi claims that IFLA has always taken language diversity to be a key factor. The official languages that IFLA uses at most of its conferences and in most of its documents are Arabic, Chinese, English, French, German, Russian and Spanish. These are the official languages that IFLA members use in meetings, at the headquarters and in its professional bodies and governance structures (Kapnisi, 2009). On the other hand, Parker (2009) points out that IFLA’s communications and website documentation use approximately 54 languages, making it a rich, language-diverse international body. However, from an analysis of IFLA documents on its website, including the IFLA Trend Reports, Marrakesh implementation and monitoring report, and IFLA repository, it is evident that the language of communication is mainly English, with a few exceptions in the other official IFLA languages mentioned above. Kapnisi (2009) notes that the translation of documents into other languages depends on the volunteers, and this explains why most documents are not translated into the diverse languages spoken globally. As such, it is in the interests of this that this article advocates that IFLA should consider having its documents in all global languages if advocacy for the Marrakesh Treaty is to be effective. Most of IFLA’s documents are in English, with a few exceptions in French and German. For wide access to IFLA documents and advocacy of the IFLA mandate, it is imperative for IFLA to consider diversifying further the official IFLA languages – for instance, the absence of Portuguese, Amharic, Bengali, Indonesian and Hindi, among other languages, is a loss for IFLA advocacy campaigns. However, it should also be noted that the current ‘IFLA Strategy 2019–2024’ (IFLA, 2019a) is available in 15 languages (English, Spanish, French, German, Russian, Chinese, Arabic, Bengali, Czech, Korean, Latvian, Lithuanian, Portuguese, Turkish and Urdu), which is a commendable move. In order for wider outreach and dissemination, a diversity in the languages used should be considered. From Figure 3, it is clear that some of the world’s most spoken languages are not popularly used in IFLA documents, and subsequently in its communications. IFLA should therefore consider being all-inclusive and diversify the languages it uses to cater for the wide range of native languages.

Figure 3.

World statistics of languages.

Establishment of a Marrakesh Treaty section or advisory committee

For effective service delivery, IFLA has the following units: a Governing Board, Advisory Committees, a Council, Review Groups, Divisions, Sections and, finally, Special Interest Groups (see Figure 4). The duties carried out by these units are discussed in this section.

Figure 4.

IFLA governance structure.

Governing Board

The Governing Board is in charge of the management of IFLA through the development of key strategic priorities, and equally responsible for monitoring and evaluating their progress.

Advisory Committees

There are four Advisory Committees: the Advisory Committee on Copyright and other Legal Matters, the Advisory Committee on Cultural Heritage, the Advisory Committee on Freedom of Access to Information and Freedom of Expression and the Advisory Committee on Standards (members). The Advisory Committees provide expert advice they assist in decision making across the federation. They also respond to requests and questions.

The Council

The Council oversees and supports the work and mandates of the professional units. It is equally charged with the responsibility of advising the Governing Board. It ensures that IFLA’s work is aligned with the IFLA strategy.

Review Groups

There are four IFLA Review Groups: Bibliographic Conceptual Models, the Linked Data Technical Sub-Committee, International Standard Bibliographic Description, and the Universal Machine-Readable Cataloging Records (UNIMARC) Committee.

Divisions

There are 14 Divisions, of which 6 are Regional Divisions and 8 are Professional Divisions, which are mandated to perform various tasks stipulated by the Sections. The Regional Divisions are as follows: Asia-Oceania, Europe, Latin America and the Caribbean, Middle East and North Africa, North America and Sub-Saharan Africa.

Sections

There are approximately 42 Sections, which include various library tasks and services. As mentioned above, the Sections are categorised into various professional groups. For more information, see the IFLA website.

Special Interest Groups

There are 12 Special Interest Groups, which are unique Sections that are of interest to a few members – they include, for example, LGBTQ Users; Women, Information and Libraries; and LIS Education in Developing Countries. For more information, see the IFLA website.

However, out of all the units, only two – the Advisory Committee on Copyright and other Legal Matters and the Libraries Serving Persons with Print Disabilities Section – discuss and tackle the Marrakesh Treaty. As such, the Treaty receives divided attention, which probably explains why advocacy and awareness levels are still low. This article therefore recommends that in order to give the Marrakesh Treaty the attention it deserves, IFLA should consider establishing either a stand-alone section for the Marrakesh Treaty or a stand-alone advisory committee. The advantage of having a stand-alone unit or advisory committee would be that the Marrakesh Treaty would have an international advisory board, which would be able to offer a more holistic and global approach in the formulation of guidelines for implementation across the world. The Marrakesh unit would also be able to be involved in frequent presentations during the annual WLIC. WIPO is a good example in this regard; it has been running a campaign for the implementation of the Marrakesh Treaty. Oppenheim (2017) applauds WIPO for its regular and consistent publication of the list of countries that have adopted the Marrakesh Treaty. Due to its well-defined sections and units, WIPO has been able to organise a regular Marrakesh Treaty Assembly since 2016.

Increase the number of member states in IFLA

IFLA, although it is a global and international organisation, does not have all countries across the globe as members. Currently, there are 150 member countries in IFLA, whereas there are 195 countries in the world. For the Marrakesh Treaty to be enjoyed worldwide, and also for IFLA to be visualised as a truly global international organisation, there is the need for IFLA to have every country in the world as a member.

Publication of case studies on the Marrakesh Treaty

Research is one of the scientific fields that is recognised for its significance role in either solving problems or explaining existing phenomena. The publication and dissemination of research findings is a great avenue for advocacy and the creation of awareness. IFLA has been involved in the publication of research and it could take advantage of this avenue to popularise its role with regard to the Marrakesh Treaty. Equally, the role of IFLA is to engage researchers in the publication of case studies on topical issues affecting libraries and the profession. However, since the ratification of the Marrakesh Treaty, only three research papers have been presented at the IFLA WLIC on the topic of the Marrakesh Treaty: ‘The Marrakesh Treaty for visually impaired people: A focus on (public) libraries in Europe’ (Bonnet, 2017); ‘Activities of the IFLA Section on Library Services to People with Special Needs’ (Bolt, 2018); and ‘The role of libraries in the implementation of the Marrakesh Treaty for persons with a print disability’ (Martínez Calvo, 2014). It is advised that more research and case studies that are presented at the IFLA WLIC are published so that institutions and governments are able to learn from one another’s experiences.

Competency-based needs of libraries

Although the ratification of the Marrakesh Treaty was a good idea, the question here is whether libraries are ready to provide services for the visually impaired? IFLA should advocate for the competency training of libraries and librarians so that the implementation of the Marrakesh Treaty can easily be executed in member countries. Kiruki (2018), in her study on disability and visual impairment in public universities in Kenya, argues that very few librarians have the competency-based skills to deal with the visually impaired.

Development of a library policy document on the Marrakesh Treaty

IFLA, having played a key role in the development of the Marrakesh Treaty, could work with individual institutions or working groups to develop a prototype library policy document on the Marrakesh Treaty to be adopted by member institutions. Just like the ‘Getting started’ guide and the tool kit Coates et al. (2018), the Marrakesh policy would play a significant role, especially for institutions in the developing world that have little idea of or knowledge about the Marrakesh Treaty. The policy document could equally serve as an advocacy tool for member institutions for their stakeholders and parent organisations. Kiruki (2018) observes that most university libraries lack a stand-alone policy for people with visual impairments, and it is therefore difficult for them to provide the appropriate services.

Conclusion

The Marrakesh Treaty is one of the greatest achievements in enhancing access to information for the blind and visually impaired. IFLA has always been at the forefront in advocacy for and championing the implementation of the Treaty. This is evidenced by IFLA’s Libraries Serving Persons with Print Disabilities Section and the Advisory Committee on Copyright and other Legal Matters. Mann (2001) indicated that the IFLA Libraries for the Blind Section aspired to develop a ‘virtual World library of alternative formats’. It was the hope that if IFLA managed to realise the concept, it would be able to eradicate the national border limitations imposed by different countries’ legislation.

With the Marrakesh Treaty in place, IFLA can continue to work with libraries through its various sections and activities to realise free and easily accessible formats for visually impaired people, thereby eliminating the inequality in the access to information and also enhancing innovation practices in libraries. For great achievements and the realisation of the benefits of the Marrakesh Treaty, libraries and national associations need to collaborate with IFLA in their activities to share experiences and also advance in their roles. IFLA, as the leading international body that represents the interests of libraries, is the only avenue where most library agendas and activities can have global representation. With globalisation and advancements in technology, it is only IFLA that can give libraries true global representation with regard to the development, innovation and application of new technologies.

Footnotes

Declaration of conflicting interests

The authors declared no potential conflicts of interest with respect to the research, authorship and/or publication of this article.

Funding

The authors received no financial support for the research, authorship and/or publication of this article.

ORCID iD

Fredrick Otike

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