Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 159) sur la réadaptation professionnelle et l'emploi des personnes handicapées, 1983 - Mongolie (Ratification: 1998)

Autre commentaire sur C159

Demande directe

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Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. Consultations of the relevant organizations. In its previous comments, the Committee requested the Government to provide information, including statistics disaggregated by age and sex, on the impact of the measures implemented with a view to promoting employment opportunities for persons with disabilities in both the public and private sectors. The Committee also requested the Government to provide information regarding the manner in which the 4 per cent employment quota for persons with disabilities is applied as well as on the status of the legislation limiting the maximum weekly hours of work for persons with disabilities. In addition, the Committee requested the Government to provide information regarding the nature and content of consultations held with the social partners and with organizations of and for persons with disabilities on matters related to vocational rehabilitation and the promotion of employment for persons with disabilities. The Government indicates that, from 2015 to 2018, the employment rate for persons with disabilities increased by 24 per cent. In this respect, the labour force study conducted by the National Statistics Committee in 2018, indicates that out of 1,253,023 persons in employment (aged 15 and over), 30,748 were persons with disabilities (18,717 (60.9 per cent) men and 12,031 (39.1 per cent) women). The Government further indicates that incentives have been implemented to increase the number of persons with disabilities in the labour market, including monetary incentives for employers hiring persons with disabilities and enforcement of the legal quota requiring that at least 4 per cent of employees of employers with more than 50 workers must be persons with disabilities. The Committee notes that the Mongolian Labour Code stipulates an employment quota for persons with disabilities. According to section 111, “if an employer has more than 50 employees, at least 3 per cent of such employees must include persons with disabilities unless it is justified to exclude such persons because of the nature of the employer’s business.” In addition, “if business entities and organisations fail to employ persons with disabilities or dwarfs as required by section 111.1, it shall pay a monthly payment to the State with respect to each such employee they should have employed”. The Government indicates that, in 2018, the Research Institute of Labour and Social Protection (RILSP) conducted a Survey on the employment of people with disabilities to identify challenges encountered in the implementation of section 111 of the Labour Code and make recommendations to increase the employment of persons with disabilities. The Committee notes that the data from the survey indicates that 42.9 per cent of the employers consider that there is no challenge or difficulty in relation to employing persons with disabilities. Nevertheless, a significant percentage of employers surveyed revealed negative attitudes with respect to the capacity of persons with disabilities. The Government indicates that based on the survey’s results, a draft amendment to the Law on Infringement (Violations) is under consideration to increase the liability of business entities and organizations for non-compliance with section 111 of the Labour Code. In addition, a revised edition of the Law on Employment Promotion has been drafted which includes a new special chapter on “Activities to support employment of persons with disabilities” in order to improve the legal framework and provide more adequate employment services to persons with disabilities. The draft amendment further introduces modifications concerning section 71 of the Labour Code on working hours, to enable employees with disabilities to request shorter working hours in order to better adjust to their work requirements. The Government further indicates that the “Employment Promotion Program for Persons with Disabilities” (approved by the National Employment Council in its resolution No.1 of 2017), has been implemented to create an enabling environment for social integration of persons with disabilities. The Committee notes that in 2018, the Programme benefited 5,692 persons with disabilities and generated 1,209 permanent and 134 temporary jobs. With regard to consultations held with the social partners, the Committee notes the information provided by the Government on the participation of social partners and NGOs involved in protecting the rights of persons with disabilities. In particular, it notes that since 2018, the Minister for Labour and Social Protection chairs the National Council, which is responsible for enforcing relevant legislation, policies and programs for safeguarding the human rights of persons with disabilities and providing professional and methodological counselling. The Ministry also broadcasts a monthly “Information Hour” on television with the participation of persons with disabilities and respective NGOs in order to inform and involve them in decision-making. In 2018, “Information Hour” was broadcast seven times on television and has now become a regular monthly event. The Committee requests the Government to continue to provide information on the practical application of the Convention including statistics and relevant data, disaggregated as much as possible by age, sex and the nature of the disability, extracts from reports, studies and inquiries concerning the matters covered by the Convention, including information on compliance with the quota system for employing persons with disabilities in both the private and public sectors. In addition, the Government is requested to provide information in its next report on the status of the draft amendment to the Law on Infringement (Violations) and the revised edition of the Law on Employment Promotion and to provide copies once they are adopted.

Articles 7 and 8. Vocational rehabilitation and employment services. Access to services in rural areas and remote communities. In its previous comments, the Committee requested the Government to provide updated information on the progress made in establishing additional local branches of the National Centre for Rehabilitation and Development and on the development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities. In particular, the Government was requested to indicate the number and location of branches established, the number of adults with disabilities provided with vocational rehabilitation services, and the outcome of measures taken to place these persons in employment. The Government indicates that a Development Centre for children was built to provide training and development activities to children with disabilities and their parents. The Centre is a service facility with 250 hospital beds capable of providing daytime rehabilitation to 250 children with disabilities. The project plans to construct an Employment, business and research and development centre for persons with disabilities in Ulaanbaatar city, providing jobs for 5,000 persons with disabilities. It further plans to create additional centres in six provinces (Dornod, Darkhan, Khovd, Huvsgul, Arkhangai and Dundgobi aimags) to serve 17,000 persons with disabilities in rural areas. The Committee requests the Government to continue to provide information on progress made in establishing additional local branches of the National Centre for Rehabilitation and Development and on the impact of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities. The Government is also requested to provide information on the number of persons benefiting from these centres and services, disaggregated by age, sex and the nature of disability.

Article 9. Training of suitably qualified staff. The Committee previously requested the Government to provide information on measures taken or envisaged to ensure the availability to the persons concerned of suitably qualified and trained vocational rehabilitation staff. The Government indicates that the “Project to Support the Social Participation of Persons with Disabilities” 2016-2020 has been implemented jointly with the Government of Japan. The project has provided training to 32 trainers with disabilities and organized 250 trainings on “Disability and Equality” involving over 8,500 public officers and private sector entities. It further indicates that, in application of section 7 of Chapter 2 of the Law on human rights of persons with disabilities, a training module has been developed, in 2019, in collaboration with the representative Office of UNESCO in Beijing, to involve media in increasing public awareness on disabilities, and promoting positive attitude that gives opportunities to persons with disabilities. The Committee notes that numerous training activities have been organized and 25 journalists have been trained as trainers. The Government indicates that since 2018, the “MONGOLIA TRY” programme was organized in collaboration with the “Universal Development Centre” which is an NGO working to promote independent living of persons with disabilities, to conduct influencing campaigns in order to ensure enforcement of the Law on human rights of persons with disabilities, and to increase social awareness to create an enabling environment for persons with disabilities. The Committee notes that in 2019, “MONGOLIA TRY” has organized excursions for young people with disabilities in Baganuur district (of Ulaanbaatar), Dornod and Sukhbaatar aimags. The Committee requests the Government to continue to provide information on the measures taken to ensure that suitably qualified vocational rehabilitation staff are made available to persons with disabilities. The Committee further requests the Government to provide information on the nature and impact of the measures taken with a view to raising public awareness on disability issues and promoting positives attitudes regarding the capabilities of persons with disabilities that can facilitate their access to employment opportunities in the open labour market.