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

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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.

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Articles 3, 4 and 6 of the Convention Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Government indicates in its report that a review was undertaken to merge the existing disability-related laws, including the Fiji National Council for Disabled Persons (FNCDP) Act of 1994, into one single law to remedy the lack of cohesiveness and consistency. The Government adds that, besides creating a sound legal framework, this review and the formulation of the Disability Decree have contributed significantly to the capacity building of the FNCDP. The Committee notes that, overseen by the FNCDP and supported by ministries and other stakeholders, the National Policy on Persons Living with Disabilities 2008–18 continues to be implemented. It also notes the information provided by the Government on scholarships offered to young persons with disabilities to provide them with the necessary skills to find employment in the open labour market. The Committee requests the Government to continue to provide information on the implementation of the National Policy on Persons Living with Disabilities 2008–18 and its results with regard to the integration of persons with disabilities in the open labour market. Please also include statistics, disaggregated by sex, extracts from reports, studies and inquiries, as well, as court decisions concerning the matters covered by the Convention.

Article 5. Consultation of the representative organizations of employers and workers. The Government indicates that it has conducted extensive consultations with workers’ organizations and other relevant stakeholders with respect to the formulation of the Disability Decree that is to be endorsed by the Cabinet before being tabled to Parliament. The Committee requests the Government to provide information on the consultations held with representative organizations of employers and workers and representative organizations of and for persons with disabilities with respect to the review of the FNCDP Act of 1994, the Disability Decree and on other matters covered by the Convention.

Article 7. Providing and evaluating vocational training and related services. The Government indicates that the Fiji Vocational Training Centre for People with Disabilities (FVTTCPD) has provided vocational training to more than 1,000 individuals since the 1980s. A high percentage of individuals that obtained training have transitioned to the workforce, self-employment or furthered their education in the information and technology sectors. In 2013, 14 persons with disabilities that had been trained in carpentry and joinery found employment. The Committee requests the Government to continue to provide information on the activities of the FVTTCPD to enable persons with disabilities to secure, retain and advance in employment.

Article 8. Availability of services in rural and remote areas. The Government indicates that, while in the Western Division (Ba) a rehabilitation home has been in existence for a decade, a Disability Complex was opened in 2011 in the Northern Division (Labasa). Both facilities help persons with disabilities acquire skills and techniques to be able to find employment in the open labour market. Operating under the Ministry of Employment, in 2015 the National Employment Centre carried out community awareness events and registrations in 28 rural areas in Fiji. The Committee requests the Government to provide further information on the 2015 campaign of the National Employment Centre and on other measures aimed at establishing and developing employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training of suitably qualified staff. The Government indicates that, due to scarce human resources, no progress has been made to ensure the availability of suitable qualified vocational rehabilitation staff. It adds that there is a need for assistance in recruiting and providing professional training of staff. The Committee requests the Government to indicate measures taken or envisaged to ensure the availability of suitable qualified vocational rehabilitation staff.

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Articles 3 and 4 of the Convention. Implementation of a national policy on vocational rehabilitation and employment for persons with disabilities. The Committee notes the information provided by the Government in its report received in May 2011, which includes a copy of the National Policy on Persons Living with Disabilities 2008–18. The Committee notes that the National Policy approved on 4 November 2008, provides a framework to address the needs and rights of persons with disabilities and gives a voice to persons with disabilities in a wide-ranging series of consultation workshops. Its implementation is reliant upon an effective working partnership between government, representative organizations of and for persons with disabilities, NGOs and the wider community, particularly churches and the private sector. The Government indicates that the National Policy covers 12 strategic areas, which include training, employment and self-employment, as well as poverty alleviation, social security and livelihood programmes. The Government further indicates that a national Disability Baseline Survey, conducted in the 2008–09 period, was funded by the Australian High Commission, British High Commission, the Ministry of Health, the Ministry of Women and Social Welfare and the Fiji National Council for Disabled Persons (FNCDP). The survey identified approximately 12,000 persons with disabilities, 89 per cent of which were unemployed. The Committee invites the Government to include in its next report information on the implementation of the National Policy on Persons Living with Disabilities 2008–18 and its results with regard to the integration of persons with disabilities in the open labour market. Please also provide statistics disaggregated by sex, extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form), as well as court decisions rendered on matters relating to the application of the Convention (Part IV of the report form).

Article 5. Consultation of the representative organizations of employers and workers. In its previous comments, the Committee noted that one of the six advisory committees constituting the FNCDP deals with vocational training and employment. It also noted that the advisory committee and the district committees did not seem to include representatives from workers’ organizations. The Government indicates that the Act regulating the FNCDP will soon be undergoing a legislative review and the matter raised by the Committee could be addressed during that process. The Government further indicates that despite the irregularities with regard to workers’ representativeness in advisory committee meetings, the FNCDP is represented within the tripartite Employment Relations Advisory Board, the main body dealing with employment-related matters, including disability issues. The Committee requests the Government to include in its report information on how representatives of workers’ organizations have been consulted on the matters covered by the Convention and on the legislative review process.

Article 7. Providing and evaluating vocational training and related services. The Government indicates that the Fiji Vocational Training Centre for People with Disabilities (FVTTCPD) signed a three-year Memorandum of Understanding with the Busan Technical Centre in South Korea under the Korean Employment Promotion Agency for the Disabled (KEPAD) initiatives for the exchange of knowledge and expertise in the training of persons with disabilities. The Committee also notes the measures to move persons with disabilities towards achieving gainful employment. The Committee invites the Government to provide information on the activities of the FVTTCPD to enable persons with disabilities to secure, retain and advance in employment.

Articles 8 and 9. Availability of services in rural and remote areas and training of suitably qualified staff. The Committee requests the Government to provide information on the progress made in the establishment and development of employment services through district committees in rural and remote areas, and on the measures taken to ensure the availability of suitable qualified vocational rehabilitation staff.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2007 direct request, which read as follows:

1. Implementation of a national policy on vocational rehabilitation and employment for persons with disabilities. The Committee notes the first report on the application of the Convention received in May 2007 and the Government’s statement that Fiji has taken steps to ensure more people with disabilities are able to have access to decent work. It notes the Fiji National Council for Disabled Persons Act (No. 21 of 1994), under which regular consultations with employers, training institutions and civil society organizations, as well as the Fijian administration, are organized in order to identify employment needs for people with disabilities. Employers with 50 or more workers may employ persons with disabilities on a ratio of at least 2 per cent of the total number of workers employed. The Government’s report also elaborates the corresponding plans and programmes implemented by government authorities to realize a National Policy on Disability 2006–16. The Committee would appreciate receiving in the Government’s next report information on the implementation of the National Policy on Disability 2006–16 and its resulting impact in integration of persons with disabilities within the open labour market (Articles 3 and 4 of the Convention). Please also provide information on the results of the national survey on disability once it has been completed and other statistical data on the vocational integration of persons with disabilities in so far as possible, classified on the basis of gender, occupation and income (Part V of the report form). Please also supply a copy of the judgement mentioned in the Government’s report concerning persons with disabilities who have filed a lawsuit on the grounds of being unfairly dismissed (Part IV of the report form).

2. Article 5. Consultation of the representative organizations of employers and workers. The Committee notes that the Fiji National Council for Disabled Persons includes six advisory committees, one of which deals with vocational training and employment. Additionally, district committees have also been established and are responsible for the implementation of vocational rehabilitation programmes. The Committee notes that the advisory committee and the district committees, composed of organizations of and for persons with disabilities as well as representatives from employers’ organizations, do not seem to include representatives from workers’ organizations. The Committee requests the Government to indicate in its next report how workers’ organizations are consulted on the matters covered by the Convention.

3. Articles 7, 8 and 9. Providing and evaluating vocational training and related services. The Committee notes the training provided by the Fiji Vocational Technical Training Centre for Persons with Disabilities where experts are employed to conduct an evaluation of the services offered. The Committee would welcome continuing to receive details on the evaluation of vocational rehabilitation programmes as well as information available on other services to enable disabled persons to secure, retain and advance in employment. It also requests information on the steps taken to ensure the availability of suitable qualified vocational rehabilitation staff and the progress made in the establishment and development of employment services through district committees in rural and remote areas.

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1. Implementation of a national policy on vocational rehabilitation and employment for persons with disabilities. The Committee notes the first report on the application of the Convention received in May 2007 and the Government’s statement that Fiji has taken steps to ensure more people with disabilities are able to have access to decent work. It notes the Fiji National Council for Disabled Persons Act (No. 21 of 1994), under which regular consultations with employers, training institutions and civil society organizations, as well as the Fijian administration, are organized in order to identify employment needs for people with disabilities. Employers with 50 or more workers may employ persons with disabilities on a ratio of at least 2 per cent of the total number of workers employed. The Government’s report also elaborates the corresponding plans and programmes implemented by government authorities to realize a National Policy on Disability 2006–16. The Committee would appreciate receiving in the Government’s next report information on the implementation of the National Policy on Disability 2006–16 and its resulting impact in integration of persons with disabilities within the open labour market (Articles 3 and 4 of the Convention). Please also provide information on the results of the national survey on disability once it has been completed and other statistical data on the vocational integration of persons with disabilities in so far as possible, classified on the basis of gender, occupation and income (Part V of the report form). Please also supply a copy of the judgment mentioned in the Government’s report concerning persons with disabilities who have filed a lawsuit on the grounds of being unfairly dismissed (Part IV of the report form).