The Marrakesh Treaty, formally known as the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, represents a significant stride towards inclusivity and accessibility. Adopted on June 27, 2013, in Marrakesh, Morocco, this treaty addresses the ‘book famine’ by enabling the creation and distribution of books in accessible formats for those with print disabilities.

Key Highlights of the Marrakesh Treaty:

• Purpose: To combat the scarcity of accessible books for individuals with visual impairments, facilitating the creation, and distribution of accessible formats (in Braille, audio, and large print) worldwide.
• Impact: The treaty has been ratified or acceded to by 97 contracting parties, encompassing 123 countries globally, marking a widespread acknowledgment of the need to enhance access to published works
• Advantages for the Visually Impaired: The treaty empowers visually impaired individuals by increasing the availability of books in accessible formats such as Braille, audio, and large print. It fosters international cooperation, allowing for the import and export of accessible materials, and encourages countries to adopt supportive legal frameworks.

While the treaty has seen broad adoption, some countries, including South Africa, have not signed or ratified it. This absence limits the potential benefits the treaty could offer to South Africans with visual impairments, highlighting a gap in accessibility and equality in access to information.

In 2021, after a Court challenge to force the South African government to sign the Marrakesh Treaty, and/or amend the existing copyright act to make the signing of the Marrakesh Treaty possible, the Constitutional Court suspended some provisions of the Copyright Act for two years to allow Parliament to make the changes to the act to allow for the signing of the Marrakesh Treaty. Unfortunately, the two-year period passed on the 21st of September and the new copyright bill was not signed by the president so persons with visual impairments are again unable to lawfully copy published works in accessible formats.

The South African National Council for the Blind, of which Retina South Africa is a member, has started to advocate for the uncoupling of the Marrakesh Treaty from amending the copyright act to facilitate the faster uptake of the provisions of the Marrakesh Treaty for the benefits of blind and partially sighted persons in South Africa.

The Marrakesh Treaty is a landmark agreement in the fight against the information gap faced by visually impaired individuals. By promoting the creation and sharing of accessible books, it opens up new avenues for education, culture, and participation in society for those previously marginalized by print disabilities.