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Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the observations from the Zimbabwe Congress of Trade Unions (ZCTU), received on 14 September 2022. The Committee requests the Government to provide its reply in this regard.
Articles 2 and 5 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities.Consultation with the social partners and organizations of and for persons with disabilities. The Committee notes with interest the adoption of Zimbabwe’s first National Disability Policy (NDP) on 9 June 2021, developed with the technical and financial support of the United Nations Children’s Fund (UNICEF). The Committee notes that the NDP was formulated with the participation of a diverse range of stakeholders, including persons with disabilities and their representative organizations, non-governmental organizations, and the private sector. The NDP aims to reduce inequalities and empower persons with disabilities to enable them to improve their own standard of living and that of their families. The NDP includes among its objectives: mainstreaming disability in all laws, policies, guidelines, programs, and interventions to ensure that these are inclusive of and accessible to persons with disabilities and that they address the rights of persons with disabilities; raising awareness of disability issues; and guiding and supporting self-representation of persons with disabilities, particularly of women with disabilities. The Committee observes that, according to information available on the UNESCO website, on 7 July 2022, the Government, in collaboration with the United Nations Partnership on the Rights of Persons with Disabilities (UNPRPD) launched the National Technical Coordination Committee for the Implementation of the National Disability Policy. The Government indicates that workshops will be held to raise awareness of the NPD among employers and workers. Furthermore, the Committee notes that, according to the Government’s initial report of March 2022 to the UN Committee on the Convention on the Rights of Persons with Disabilities (CRPD), the Government is in the process of amending the Disabled Persons Act [Chapter 17:01] and taking measures to adapt national legislation aligned to both the Constitution of Zimbabwe and the CRPD. The Persons with Disabilities Bill, 2021 is the piece of draft legislation through which this legislative reform will be achieved. The Government indicates that the Draft Bill has been submitted to the Cabinet Committee on Legislation for its consideration. The Committee notes the observations of the ZCTU, in which it maintains that, while the Government has adopted a very progressive legislation on the rights of persons with disabilities, it has nevertheless failed to enforce it to effectively ensure the access to employment of persons with disabilities. Lastly, the Government reports that, although measures are being taken toward undertaking a national disability survey, current and reliable data on disability in Zimbabwe is not available. Nonetheless, the Government adds that it is estimated that approximately 15 per cent of the population in Zimbabwe have a disability, and that more than half of this percentage are women. The Committee requests the Government to provide detailed updated information on the nature, scope and impact of the measures taken to promote employment opportunities for persons with disabilities, including those adopted in the framework of the National Disability Policy (NDP). It also requests the Government to provide updated information on the status of the adoption of Persons with Disabilities Bill, 2021, and to provide a copy once it is adopted. The Government is also requested to provide concrete information on the content, frequency and outcome of the consultations held with the social partners and with organizations representing persons with disabilities in relation to the application of the provisions of the Convention. The Committee further requests the Government to provide detailed updated information on the practical application of the Convention, including statistical data, disaggregated by age and sex, as well as extracts from court decisions, reports, studies or other relevant documents concerning the matters covered by the Convention.
Article 3. Promotion of employment opportunities in the open labour market. The Committee notes that the NDP envisages the formulation of national guidelines on the employment of persons with disabilities, as well as on achieving inclusive education to prepare persons with disabilities for the world of formal employment, including entrepreneurship training and support. Moreover, the Government indicates that measures are being taken toward the establishment of a revolving loan fund of up to US$1,000 for persons with disabilities who wish to undertake small scale income generating investment programmes. To this end, the Government has partnered with the National Building Society (NBS) Bank to ensure the distribution of loans through the Bank to all eligible persons throughout the country. The Government reports that 15 applications for entrepreneurial initiatives have been submitted and are awaiting further approval by the NBS. It adds that measures will be taken to raise awareness of the fund, aimed at the National Social Security Authority (NSSA) rehabilitation centres and stakeholders. With respect to access to education, the NDP includes among its key elements: ensuring an inclusive education system at all levels, as well as lifelong learning for all persons with disabilities; guaranteeing that persons with disabilities are exempt from paying fees and levies at all public learning institutions; and providing reasonable accommodation to students with disabilities. Furthermore, financial support is provided for persons with disabilities that decide to enrol in vocational training, and the Government also has vocational institutions that provide certain courses free of charge, as well as free boarding facilities. The Government reports that, from January to 1 September 2022, 34 children with disabilities and 122 adults with disabilities were enrolled in public education institutions. Recalling that assistive technologies can be essential to enable persons with disabilities to secure and remain in employment, the Committee takes particular note of the Government’s indication that 260 applications for assistive technologies were processed during the reporting period, and that there has been an improvement in reach out following an exercise conducted on mapping of service providers to persons with disabilities. In addition, the Committee notes from the Government’s initial report to the CRPD, the development of the policy on “Equalisation of Employment Opportunities for persons with disabilities in the Public Sector”, in consultation with the National Disability Board, the private sector and the general public. The policy provides for the mainstreaming of disability in all matters related to employment and conditions of work in the public service. The Government adds that the Public Service Commission (PSC) is carrying out a disability baseline survey in the public sector to assess the inclusion of persons with disabilities in government policies and programmes, with a view to promoting evidence-based programming and interventions focused on persons with disabilities. There are currently 661 men with disabilities and 417 women with disabilities working in the public sector. With regard to the establishment of an employment quota of persons with disabilities, the Government indicates in its initial report before the CRPD that clause 42 of the Persons with Disabilities Bill provides for a 2 per cent employment quota for persons with disabilities in both the public and private sectors. The clause further provides for the imposition of penalties on employers who fail to comply with the quota (non-compliance). The Committee requests the Government to continue to provide detailed updated information on the nature, scope and impact of the measures taken to promote employment opportunities for men and women with disabilities in the open labour market in both the public and private sectors, including those adopted in the framework of the National Disability Policy (NDP) and the policy for the Equalisation of Employment Opportunities for persons with disabilities in the Public Sector, as well as the nature and impact of measures taken in relation to the provision of assistive technologies. The Committee further requests the Government to provide updated information on the adoption and implementation of the quota system envisaged in clause 42 of the Persons with Disabilities Bill to promote the employment of persons with disabilities in the labour market.
Article 4. Effective equality of opportunity and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. The Government refers in its report to section 5 of the Labour Act, which prohibits discrimination on the basis of disability and other specified grounds, against any employee or prospective employee in the advertisement, recruitment, creation, and classification of jobs. The Committee notes the information provided by the Government regarding the measures taken to promote equality of opportunity and treatment between workers with disabilities and other workers. In particular, the Committee notes that joint inspections of workplaces are carried out by the labour officers and labour inspectors of the NSSA to assess compliance with legislation and raise awareness of the obligation to promote equal treatment and non-discrimination against persons with disabilities and persons with albinism. The Government adds that, in accordance with a directive from the Ministry of Local Government and Social Amenities, only building plans that are accessible to persons with disabilities are approved. The Committee nevertheless notes that, in its observations, the ZCTU denounces that persons with disabilities still face discrimination, stigma and stereotyping in Zimbabwean society. The ZCTU adds that, while there are persons with disabilities employed in the public sector, employers in the private sector rarely employ persons with disabilities. Lastly, the Committee notes that the Government does not provide information on measures taken to promote effective equality of opportunity and treatment between men and women with disabilities. The Committee requests the Government to continue to provide detailed updated information on the nature, scope and impact of measures adopted or envisaged to ensure effective equality of opportunities and treatment in employment and occupation between women and men with disabilities, as well as between workers without disabilities and those with disabilities, including statistics disaggregated by sex, age and economic sector. The Committee also requests the Government to provide copies of court decisions, if any, addressing discrimination against women and men with disabilities, including denial of reasonable accommodation in the public and private sectors.
Article 7. Vocational rehabilitation and employment services. The Committee notes that the Government refers to the establishment of the Department of Disability Affairs. According to information available on the Government’s website, this Department has two main sections Disability and Rehabilitation Section and the State Service Disability Benefits. It utilizes the Department of Social Welfare structures at provincial and district levels in rolling out its programmes. The Department is responsible for processing the financial assistance granted to persons with disabilities who wish to pursue vocational education up to the university level as well as the applications for state service disability benefits. The Government reports that, from January to July 2022, 289 persons with disabilities were enrolled in tertiary education and received financial support for vocational training fees, and that 489 applications for state service disability benefits were processed during the same period. The Committee also notes that the NDP envisages the adoption of measures to ensure that comprehensive rehabilitation services and programmes are organized, strengthened and extended to persons with disabilities in, among other areas, education, employment and social services; and that a minimum of 15 habilitation and rehabilitation students per enrolment must be persons with disabilities. The Committee also notes that, in its initial report to the CRPD, the Government indicates that financial support is provided to the three State-owned National Rehabilitation Centres (Ruwa, Lowdon Lodge and Beatrice National Rehabilitation Centres), which exclusively enroll persons with disabilities. The rehabilitation centers offer courses in areas such as: carpentry, motor mechanics, leatherwork, domestic appliances electrical, welding, storekeeping and bookkeeping, ornamental horticulture and information technology. The Government reports that 420 students are currently enrolled in the vocational training centres. Moreover, institutional support is provided in the form of administrative and per capita grants to NGO-owned institutions. The Committee requests the Government to continue to provide updated detailed information on the nature, scope and impact of the vocational guidance and training measures adopted to enable persons with disabilities to secure, retain and advance in employment.It further requests the Government to provide updated detailed information on nature, scope and impact of vocational rehabilitation and employment services provided to persons living with a psychological, emotional or intellectual disability.
Article 8. Access to services in rural areas and remote communities. The Committee notes the Government’s indication that, between January and August 2022, 35 career guidance workshops for persons with disabilities were held in rural and remote areas of the country. In addition, measures were taken to raise awareness among persons with disabilities of the range of vocational training and related services available to them through the Social Welfare District offices. The Committee requests the Government to continue to provide updated detailed information on the nature, scope and impact of the measures taken to ensure the effective provision of vocational rehabilitation and employment services in rural areas and remote communities.
Article 9. Training of staff responsible for persons with disabilities. The Committee notes that, pursuant to the NDP, continuous professional development in the area of disability must be compulsory for staff, including qualified teachers and social workers. In addition, the Government reports that staff development programmes and exchange programmes with organizations of persons with disabilities have been implemented to train staff responsible for providing services to persons with disabilities. The Government further indicates that diploma, degree and master’s programmes on disability studies have been introduced in higher education institutions. The Committee requests the Government to continue to provide detailed updated information on the nature, scope and impact of the training provided to vocational rehabilitation and employment services staff in both urban and rural areas to enable them to provide effective employment-related services, including training, vocational guidance and placement services tailored to the specific needs of persons with disabilities.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee noted in its previous observation that a consultative process had led to the formulation of a draft policy on persons with disabilities, which was under consideration by the stakeholders. The Government indicates in its report that the process of adopting a national policy on persons with disabilities has not been concluded. Consultations in relation to this policy are being conducted by the National Disability Board. The Committee trusts that a national policy on vocational rehabilitation and employment of persons with disabilities will soon be adopted and requests the Government to provide detailed information in this regard. The Committee also requests the Government to provide statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention.
Article 3. Promotion of employment opportunities in the open labour market. The Committee notes that a quota system proposed in the draft national policy for the employment of persons with disabilities has not yet been implemented. The Committee requests the Government to provide information concerning the implementation of a quota system to promote the employment of persons with disabilities in the labour market. Please also provide information on other measures that are available for the vocational rehabilitation of persons with disabilities.
Article 4. Equal opportunity and treatment. The Government indicates that section 7 of the Disabled Persons Act empowers the National Disability Board responsible to issue adjustment orders for buildings to be accessible to persons with disabilities. The Committee requests the Government to continue to provide information on positive measures aimed at ensuring equality of opportunity and treatment between persons with disabilities, whether women or men, and other workers.
Article 7. Vocational rehabilitation and employment services. The Committee notes that, to facilitate the vocational rehabilitation of persons with disabilities in the public sector, the Government provides personal assistance to public sector workers with disabilities, as is the case with visually impaired workers. In addition, the Government established a revolving loan facility for persons with disabilities who graduate from vocational training centres. The Committee requests the Government to continue to provide information on the existing services or implemented strategies aimed at helping persons with disabilities to secure, retain and advance in employment.
Article 8. Access to services in rural areas and remote communities. The Government indicates that district social welfare offices across the country provide information concerning vocational rehabilitation and employment services, and district employment services offices conduct career guidance fairs. The Government further indicates that persons with disabilities living in rural areas who require services from rehabilitation centres receive warrants for the use of buses to facilitate their travel. The Committee requests the Government to continue providing information on the measures adopted to promote the vocational rehabilitation of persons with disabilities living in rural areas.
Article 9. Training of staff responsible for persons with disabilities. The Government indicates that staff at rehabilitation centres undergo both tertiary and on-the-job training. It also indicates that social workers at social welfare offices receive training in psychosocial support and communication with persons with disabilities and that other staff members undertake vocational rehabilitation skills-transfer programmes. The Committee requests the Government to continue to provide information on the training programmes offered to staff responsible for the vocational guidance, training and placement of persons with disabilities.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s report received in August 2012 in reply to the 2010 observation. The Committee notes with interest that a consultative process led to the formulation of a draft policy on persons with disabilities, which is under consideration by stakeholders. Through the policy, the Government intends to mainstream and integrate issues pertaining to disability to ensure that vocational rehabilitation and employment of persons with disabilities is given due attention. The draft policy provides for strategic measures for creating an enabling environment for the promotion, advancement and social integration of persons with disabilities. Other measures envisaged include the provision of tools and financing for income-generating projects of persons with disabilities. The Government also indicates that the draft policy proposes joint planning, effective and efficient intersectoral and interministerial collaboration in order to, inter alia, collect data on persons with disabilities. It further indicates that it has yet to undertake the survey which had been proposed for 2010 on persons with disabilities. The Committee invites the Government to provide in its next report information on the adoption of the national policy on persons with disabilities and details of the implementation of the vocational rehabilitation and employment component of this policy. The Committee would also welcome receiving statistics and relevant data, as much as possible, disaggregated by age, sex and nature of the disability, as well as extracts of reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).
Article 3. Promotion of employment opportunities in the open labour market. The Government indicates that the draft national policy on persons with disabilities provides for a quota system to enable people to access rehabilitative education and training for better employment prospects. The Government indicates that 41 students are enrolled in courses within the Danhiko Rehabilitation Centre on electronics, information technology, wood technology and clothing design. The centre has the capacity to enrol up to 80 students per year at various levels. The Committee invites the Government to include information on the implementation of the quota system and its impact on improving employment opportunities of persons with disabilities in the open labour market.
Article 4. Equal opportunity and treatment. In reply to the Committee’s comments, the Government indicates that there are no reported court cases or other relevant decisions on discrimination on the basis of disability. The Committee invites the Government to indicate any special positive measures aimed at effective equality of opportunity and treatment between persons with disabilities, whether women or men, and other workers.
Article 7. Vocational rehabilitation and employment services. The Government indicates that existing employment services, including career guidance and counselling, are adapted to suit the needs of persons with disabilities. Information on career prospects is shared with students with disabilities on the choices they can make in their career paths. The Committee observes that emphasis is placed on the understanding that disability is not inability. The Committee invites the Government to provide information on the impact of measures taken to allow persons with disabilities to secure, retain and advance in employment.
Article 8. Access to services in rural areas and remote communities. The Government indicates that the National Employment Service Department provides career guidance and counselling services in rural schools and will continue intensifying resource mobilization efforts to secure adequate resources needed for extensive coverage of rural schools. The Committee invites the Government to include in its next report information on how vocational rehabilitation and employment services are available to persons with disabilities in rural areas and remote communities.
Article 9. Suitably qualified staff. The Government indicates that there are various training programmes for rehabilitation counsellors, staff members and instructors at the Danhiko Rehabilitation Centre. For example, the centre has trained nurses and physiotherapists. All experts at the centre undergo training in sign language and adaptive training methods in theory and practice. The centre also trains students with disabilities in order to meet their personal aspirations and employs some of them upon completion of their studies. The Committee requests the Government to provide information on the various training programmes for rehabilitation counsellors and other suitably qualified staff in the other rehabilitation centres.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report received in September 2008, which includes brief replies to the matters raised in the previous direct requests, as well as a communication from the Zimbabwe Congress of Trade Unions (ZCTU) forwarded to the Government in November 2009.

Article 2 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes that the Government intends to carry out a survey in 2010 to identify the number of persons with disabilities and their needs and that a new national policy will be based on the survey. The Committee invites the Government to provide a general description of the existing national policy on the vocational rehabilitation and employment of persons with disabilities, as well as any available information on the new policy based on the national survey.

Article 3. Promotion of employment opportunities in the open labour market. The Committee notes the Government’s indication that there are no available statistics on the number of participants benefiting from vocational training or on the number of persons placed in employment. The ZCTU expressed its concerns about the lack of legislation mandating a quota system for persons with disabilities linked to a penalty regime that funds rehabilitative education and training. The ZCTU also communicates that rehabilitation services suffer from lack of funding and that access to medical assistance remains difficult. The Committee asks the Government to provide in its next report updated information on the measures and services established to promote employment for persons with disabilities, as well as any available information regarding the number of participants in the vocational rehabilitation programmes.

Article 4. Equal opportunity and treatment. The Government indicates that while the Disabled Persons Act prohibits discrimination, there is no legislation aimed at effective equality of opportunity and treatment for persons with disabilities. The ZCTU communicates that anti-discrimination legislative protections are indeed in place through section 9 of the Disabled Persons Act and section 5 of the Labour Act, which prohibits discrimination in the advertisement, recruitment, creation, and classification of jobs. The Committee reiterates its request for some examples of court cases, or other relevant administrative decisions, which apply the abovementioned provisions against discrimination.

Article 7. Vocational rehabilitation and employment services. The Committee notes that the National Employment Services Department under the Ministry of Public Service, Labour and Social Welfare, continues to offer a general employment service without any special adaptation for persons with disabilities. The Committee asks the Government to indicate whether any consideration has been given to adapting the existing employment services to suit the needs of workers with disabilities. The Committee further invites the Government to describe how the existing employment service provides vocational guidance, training and employment placement to workers with disabilities.

Article 8. Access to services in rural areas and remote communities.Emphasizing the requirement under this Convention to promote vocational rehabilitation and employment services in rural areas and remote communities, the Committee once again asks the Government to describe what steps have been taken to implement this provision.

Article 9. Suitably qualified staff.The Committee awaits the Government’s information regarding the various training programmes for rehabilitation counsellors and other suitably qualified staff, as well as the number of such instructors in each of the three national rehabilitation centres.

[The Government is asked to reply in detail to the present comments in 2012.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 2004 direct request, which read as follows:

The Committee notes the Government’s report received in September 2004. It asks the Government to provide additional information on the following points.

1. Article 2 of the Convention. The Committee notes that research has been undertaken jointly by the National Disability Board and the Public Service Commission with a view to promoting the employment of persons with disabilities. This research is intended as a basis for the establishment of a new national policy. The Committee notes that the Government undertakes to provide, as soon as possible, information on the measures adopted in the context of this national policy and, in the meantime, it invites the Government to provide a general description of the current national policy on the vocational rehabilitation and employment of persons with disabilities.

2. Article 3. The Committee notes that business studies and practical courses are provided for disabled persons by the three national rehabilitation centres. It also notes that persons with disabilities can thereafter be integrated into the free labour market through organizations, the employment services of the Ministry of Public Service, Labour and Social Welfare or financial assistance from the Government for entrepreneurs with disabilities. The Government indicates that between 2002 and 2004 there were 20 participants in training courses who found suitable employment. The Committee asks the Government to continue providing information on this matter, with a description of the measures and services established to promote the employment of persons with disabilities, together with statistics on the number of participants benefiting from vocational training and the number placed in employment for the period covered by the report.

3. Article 4. The Committee notes that there have been no court decisions relating to the application of section 9(2) of the Disabled Persons Act. It would nevertheless be grateful if the Government would provide examples of cases in which use has been made of this provision, with an indication of the limits established for its application. The Committee also asks the Government to indicate any special positive measures taken aimed at effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers.

4. Article 7. The Committee notes that the National Employment Services Department offers employment services to all workers generally, including workers with disabilities, and it asks the Government to indicate any adaptations that have been necessary. The Committee also asks the Government to describe in detail the vocational guidance, vocational training, placement and employment services intended to enable persons with disabilities to secure, retain and advance in employment.

5. Article 8. The Government indicates that no progress has been achieved in the application of this provision of the Convention. The Committee asks the Government to indicate the measures adopted or envisaged to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

6. Article 9. The Committee notes that, after qualifying in a particular vocational trade, instructors enrol for programmes of special education for persons with disabilities. It asks the Government to continue providing information on this subject, with an indication of the various training programmes provided, the courses offered, the number of years of studies necessary, the number of participants enrolled and those who achieved qualifications. The Government indicates that the Ruwa Rehabilitation Centre currently has ten instructors. Please provide similar information for each of the three national rehabilitation centres.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report received in September 2004. It asks the Government to provide additional information on the following points.

1. Article 2 of the Convention. The Committee notes that research has been undertaken jointly by the National Disability Board and the Public Service Commission with a view to promoting the employment of persons with disabilities. This research is intended as a basis for the establishment of a new national policy. The Committee notes that the Government undertakes to provide, as soon as possible, information on the measures adopted in the context of this national policy and, in the meantime, it invites the Government to provide a general description of the current national policy on the vocational rehabilitation and employment of persons with disabilities.

2. Article 3. The Committee notes that business studies and practical courses are provided for disabled persons by the three national rehabilitation centres. It also notes that persons with disabilities can thereafter be integrated into the free labour market through organizations, the employment services of the Ministry of Public Service, Labour and Social Welfare or financial assistance from the Government for entrepreneurs with disabilities. The Government indicates that between 2002 and 2004 there were 20 participants in training courses who found suitable employment. The Committee asks the Government to continue providing information on this matter, with a description of the measures and services established to promote the employment of persons with disabilities, together with statistics on the number of participants benefiting from vocational training and the number placed in employment for the period covered by the report.

3. Article 4. The Committee notes that there have been no court decisions relating to the application of section 9(2) of the Disabled Persons Act. It would nevertheless be grateful if the Government would provide examples of cases in which use has been made of this provision, with an indication of the limits established for its application. The Committee also asks the Government to indicate any special positive measures taken aimed at effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers.

4. Article 7. The Committee notes that the National Employment Services Department offers employment services to all workers generally, including workers with disabilities, and it asks the Government to indicate any adaptations that have been necessary. The Committee also asks the Government to describe in detail the vocational guidance, vocational training, placement and employment services intended to enable persons with disabilities to secure, retain and advance in employment.

5. Article 8. The Government indicates that no progress has been achieved in the application of this provision of the Convention. The Committee asks the Government to indicate the measures adopted or envisaged to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

6. Article 9. The Committee notes that, after qualifying in a particular vocational trade, instructors enrol for programmes of special education for persons with disabilities. It asks the Government to continue providing information on this subject, with an indication of the various training programmes provided, the courses offered, the number of years of studies necessary, the number of participants enrolled and those who achieved qualifications. The Government indicates that the Ruwa Rehabilitation Centre currently has ten instructors. Please provide similar information for each of the three national rehabilitation centres.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information sent by the Government in response to its previous direct request. It observes, however, that it is still not possible to assess fully, from the information supplied, the effect given to the following provisions of the Convention on which it made comments.

Article 2 of the Convention. The Committee recalls that, under the second part of the Convention (Articles 2 to 5), the Government is required to lay down principles of vocational rehabilitation and employment policies for disabled persons. It accordingly asks the Government to provide information on any policy formulated and implemented to this end and to specify the role of the National Board for Disabled Persons or other government bodies having responsibility in this area.

Article 3. The Government indicates that the measures implemented in the three national rehabilitation centres (Ruwa, Beatrice and Lowden) assist disabled persons to get attachments in industries and to find jobs. Please continue to describe the measures and services for the promotion of employment opportunities for disabled persons on the free labour market, indicating the courses provided in the rehabilitation centres, the total number of participants, the number of trainees who have subsequently found suitable employment, developments and participation level, etc.

Article 4. The Committee notes that section 9 of the Disabled Persons Act establishes the principle of non-discrimination in employment. Section 9(2), however, lists the instances in which employers are not deemed to discriminate against disabled persons. The Government is asked to indicate, for example by referring to relevant court decisions, in what circumstances section 9(2) is relied on, particularly where the disability is relevant to the requirements of the job (9(2)(b)), and any restrictions on its application.

The Government is also asked to describe any special affirmative measures applied to ensure equal opportunities and treatment between disabled workers (male and female) and other workers.

Article 7. The Committee notes from the Government’s information that the Ministry of Higher Education and the Ministry of Public Service, Labour and Social Welfare are responsible for vocational training. The Committee would appreciate a detailed description of the various vocational guidance, vocational training, placement and employment services that enable disabled persons to secure, retain and advance in employment. Please state whether these services are provided in the three national rehabilitation centres specifically or whether they exist for workers generally, indicating what adaptations have been necessary.

Article 8. The Government indicates that it is still in the process of developing vocational rehabilitation in rural areas and remote communities. The Committee trusts that the next report will indicate the progress made in this area.

Article 9. The Committee notes that the staff and instructors of the rehabilitation centres are government employees and are suitably qualified. It asks the Government to provide more specific information on the nature of the training and the numbers of the staff in charge of the vocational guidance, vocational training, placement and employment of disabled persons.

Part V of the report form. The Government is asked to provide a general appreciation of the manner in which the Convention is applied, including for example, statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s first report (which cover the period to October 1998), as well as the Social Welfare Act (1992) and the Disabled Persons Act (1992). The Committee would appreciate receiving further information on the application of the Convention in practice, as requested under Part V of the report form, in particular for the following points.

Article 2 of the Convention. Please provide information on specific policies enacted by the National Board for Disabled Persons or other governmental bodies responsible for promoting the rehabilitation and the employment of disabled persons.

Article 3. The Committee notes the information supplied on the number of participants in each category of vocational training provided by the three national centres. It would be grateful if the Government would further describe in its next report the manner in which employment opportunities for disabled persons are promoted in the labour market (number of participants who subsequently obtain suitable employment, progress made in increasing the number of participants, etc.).

Article 4. Please provide any indications on the application of section 9(2)b) of the Disabled Act or any other promotional measures adopted in order to encourage the hiring of persons with disabilities. Please continue to supply information on measures taken to ensure equality of opportunity and treatment in respect of vocational rehabilitation and employment for men and women with disabilities.

Article 7. The Committee recalls the importance of including persons with disabilities in the mainstream employment services, to the extent possible. Please provide information on the measures taken or envisaged to integrate workers with disabilities in existing training and placement services in order to secure, retain and advance in employment.

Article 8. The Committee notes the Government’s statement that it is working to establish and develop vocational rehabilitation in rural areas and remote communities, but has not yet succeeded. The Committee hopes that the Government will be able to report on any progress made in developing rehabilitation services in rural and remote areas.

Article 9. Please provide more information on the specific training and the availability of suitably qualified staff dealing with rehabilitation and placement of disabled persons.

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