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Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Fiji (RATIFICATION: 2004)

Other comments on C159

Direct Request

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Articles 2, 3 and 5 of the Convention. National policy for the vocational rehabilitation and employment of persons with disabilities. The Committee notes with interest the set of measures adopted by the Government during the reporting period to promote the inclusion of persons with disabilities in a broad range of areas, including in education and vocational training and employment. In this respect, the Committee notes that the 2018 National Employment Policy (NEP) includes persons with disabilities among the target groups for employment promotion. The NEP envisages: the adoption of measures to assist persons with disabilities in earning an income, including implementing changes in workplaces to ensure provision of reasonable accommodation; providing skills training that meets the needs of persons with disabilities in conjunction with identified opportunities to earn an income; strengthening the enforcement of the employment quota of persons with physical disabilities established in the Employment Relations Act; and introducing tax incentives for organizations employing persons with physical disabilities. The Committee observes, however, that a number of these measures focus on promoting employment solely for persons with physical disabilities. Furthermore, the Committee notes the enactment of the Rights of Persons with Disabilities Act 2018 on 21 March 2018, which replaces the former Fiji National Council Disabled Persons Act (FNCDP Act) of 1994. Section 45 of the 2018 Act is dedicated to the right to work of persons with disabilities, on an equal basis with others. This includes “the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive, and accessible to persons with disabilities”. Moreover, the Government refers to the launching of the Strategic Plan 2019–2023 of the National Council for Persons with Disabilities (NCPD), following an extensive consultation process with the organizations affiliated to the NCPD. The Plan’s main objective is to promote a rights-based approach to disability and to serve as a guide to creating a society that is inclusive and free from barriers. The NCPD also signed a grant agreement with the British High Commission with a view to strengthening the support provided to persons with disabilities. In this regard, the Government reports that the 2020–21 Government National Budget allocated $22,284,119 to relevant ministries that specifically deal with supporting the rights of persons living with disabilities. The Committee requests the Government to continue to provide detailed updated information on the impact of the measures taken in the framework of the 2018 National Employment Policy (NEP) to promote the employment of persons with disabilities, including persons with mental disabilities, in the open labour market. It also requests the Government to provide statistical information, disaggregated by sex, on employment trends with regard to persons with disabilities. The Committee further requests the Government to provide detailed updated information on the implementation of the Rights of Persons with Disabilities Act 2018, as well as its impact on the labour market integration of workers with disabilities.

Article 4. Effective equality of opportunity and treatment. The Committee notes that a number of provisions of the 2018 Act refer to the right of persons with disabilities to enjoy equality of opportunity and treatment. Section 27 defines discrimination on the basis of disability as “any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” It includes all forms of discrimination, including denial of reasonable accommodation. With regard to employment, section 45(3) of the 2018 Act provides that “[a]ll persons with disabilities have the right to be free from discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions.” Section 49(1) provides that “if a person considers that any of the provisions of this Part has been or is likely to be contravened in relation to him or her, that person may apply to the High Court for remedies for breach of their rights under this Act”. The Committee requests the Government to provide information on the number of complaints lodged related to discrimination on employment of persons with disabilities, and the outcomes of such complaints. It also requests the Government to provide detailed updated information on the practical measures taken or envisaged to ensure equality of opportunity between workers with disabilities and workers in general, as well as between men and women workers with disabilities.

Article 5. Consultation of the representative organizations of workers and employers. The Committee notes the information provided by the Government regarding the consultations held with the organizations affiliated to the NCPD, including organizations of persons with disabilities, during the revision of the FNCDP Act and the subsequent elaboration of the Rights of Persons with Disabilities Act 2018. The Committee notes, however, that the Government does not indicate whether workers’ and employers’ organizations were consulted. Lastly, the Government indicates that the National Employment Centre Board now has a representative of persons with disabilities in order to ensure that challenges faced by persons with disabilities are discussed and taken into account in the national decision-making process. The NCPD is also liaising with the National Employment Centre to strengthen their relationship in terms of provision of employment opportunities for persons with disabilities. The Committee requests the Government to provide updated detailed information on the content and outcome of the consultations held with workers’ and employers’ organizations and with organizations of persons with disabilities on the implementation of vocational rehabilitation and employment measures for persons with disabilities.

Article 7. Providing and evaluating vocational training and related services. The Committee notes that section 43(1) and (2) of the Rights of Persons with Disabilities Act 2018 provides that all persons with disabilities have the right to education without discrimination and on the basis of equal opportunity, and such education shall be inclusive and lifelong. The Act provides that persons with disabilities should not be excluded from the mainstream educational system (section 43(3)(d)). In addition, section 45(6) stipulates that “[a]ll persons with disabilities have the right to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training.” The Committee also notes the Government’s indication that students with disabilities continue to be enrolled with the Fiji Vocational Technical Training Centre for Persons with Disabilities (FVTTCPD) with continuing their studies in tertiary education institutions and accessing to the labour market. The Government adds that special scholarships are provided for persons with disabilities for tertiary training. The Committee notes the statistical information, disaggregated by sex, provided by the Government concerning the number of persons with disabilities enrolled in tertiary institutions and their employment status following the competition of the training. The Government reports that in 2018, 35 students with disabilities (23 men and 12 women) successfully graduated from tertiary education and have found employment. The Committee requests the Government to continue to provide detailed updated information on the content and the impact of activities of the FVTTCPD carried out to enable persons with disabilities to secure, retain and advance in employment, including statistical data disaggregated by sex. In addition, it requests the Government to provide information on any other measures adopted or envisaged with a view to providing and evaluating vocational guidance services and vocational training for all persons with disabilities of any kind.

Article 8. Availability of services in rural and remote areas. The Committee notes the Government’s indication that, according to a survey conducted by the NCPD, persons with disabilities in rural communities have lower levels of education, since they have limited access to vocational centres or educational institutes due to their geographic location and the environmental barriers that exist within different communities. In this context, the Government refers to the implementation of vocational rehabilitation training programmes for persons with disabilities (economic empowerment programmes and grassroot skills training) on how to make best use of available resources within the rural communities and of financial support provided by the Fijian Government to microenterprises. The Committee notes the statistical information, disaggregated by sex and community, provided by the Government regarding the number of participants in different skills training programmes. For instance, the Government reports that, as of February 2020, 44 persons with disabilities had received economic empowerment training over the course of the preceding financial year and 31 had received start-up funds to start their own businesses. Moreover, the NCPD was allocated a budget grant to undertake skills training in the rural communities on tie and dye, flower arranging, event decoration, screen printing and basic joinery works. Furthermore, the Government reports that, in the framework of the NCPD Community Outreach Program, vocational training and awareness raising activities were carried out in different districts in Fiji with a view to promoting greater community inclusion and positive attitudes towards persons with disabilities as well as improving their quality of life. The NCPD training and the employment services take a coordinated approach to increase the participation of persons with disabilities in community activities and micro enterprises. Lastly, the Government reports that the NCPD also provides support to persons with disabilities in registering their businesses, as well as to organizations of persons with disabilities in registering their affiliates. The Committee requests the Government to continue to provide updated and detailed information on vocational rehabilitation and employment services available to persons with disabilities in rural areas and remote communities, as well as detailed information, disaggregated by sex, age and region, on the impact of these services.

Article 9. Training of suitably qualified staff. The Committee notes that, according to section 5(m) of the Rights of Persons with Disabilities Act 2018, the NCPD includes among its main functions promoting the training of professionals and staff working with persons with disabilities to familiarize them with the rights of persons with disabilities recognized in the national legislation as well as in the UN Convention on the Rights of Persons with Disabilities (CRPD), so that they can better provide the assistance and services guaranteed to the persons with disabilities. The Committee also notes the Government’s indication that tertiary educational institutions in Fiji provide special and inclusive training programmes on persons with disabilities’ rights for teachers. In addition, the Australia Pacific Training Coalition, in collaboration with the Ministry of Education, Heritage and Arts, delivers different types of disability training certificates to teachers and support staff. The Government also indicates that organizations of persons with disabilities also provide training for workers that provide support to persons with disabilities. The Committee requests the Government to continue to provide updated detailed information on the nature and the results of the measures taken or envisaged to ensure the availability of suitably qualified vocational rehabilitation staff to provide educational and employment services to persons with disabilities.