Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret 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:

1. The Committee notes the Government’s first report on the application of the Convention, which was received in September 2002. It also notes the interim Poverty Reduction Strategy Paper (PRSP) of 2002, and more particularly the Government’s will “to ensure in an equitable manner the access of population groups to basic social services and a decent living standard, with a view to reducing inequalities and regional disparities”. The Committee notes with interest that the Government is committed “in the field of social protection, through a coherent policy, to relieve the difficult situation of poor and vulnerable groups”, particularly by improving the living standards of persons with disabilities. The Committee asks the Government to provide information on the achievement of the objectives of the interim PRSP of 2002 established in the field covered by the Convention and to provide additional information on the following points.

2. Article 2 of the Convention. Effect given to the Convention. The Committee notes the provisions of Framework Act No. 98-564, of 10 November 1998, for persons with disabilities. It notes that the task of monitoring the implementation of this Act is entrusted to the Subdirectorate for the Promotion of Persons with Disabilities of the Ministry of Social Affairs and National Solidarity (DecreeNo. 2000-144 of 14 March 2001). The Committee asks the Government to indicate whether the necessary implementing decrees for the implementation of Framework Act No. 98-564 have already been adopted and to provide information on the measures taken to give effect to them.

3. Periodic review of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes, from the information provided by the Government in its report, that the national policy is modified when the laws and regulations in force are revised. It recalls that this provision of the Convention provides for “a periodical review of the national policy, which involves evaluation of the policy at intervals that are left to members’ discretion” (paragraph 132 of the General Survey of 1998 on vocational rehabilitation and employment of disabled persons), and it asks the Government to indicate the frequency established for the review of the national policy.

4. Article 4. Effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers. With regard to equality of opportunity and treatment between workers with disabilities and other workers, the Committee notes that section 50 of the Inter-Occupational Collective Agreement of 1977 provides that the employer is entitled to assign a disabled worker a wage that is lower than the minimum wage in the occupational category to which she or he belongs. Furthermore, with regard to equality of opportunity and treatment between men and women workers with disabilities, the Committee recalls its direct request of 2003 on the application of the Equal Remuneration Convention, 1951 (No. 100), in which it drew the Government’s attention to section 14(2) of Act No. 92-570, of 11 September 1992, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. The Committee noted the linkage in this respect with the provisions of Convention No. 111. In its direct request of 2003 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), it expressed concern with regard to equality of opportunity and treatment between women and men. The Committee would therefore be grateful if the Government would indicate the manner in which equality of opportunity between workers with disabilities and other workers in general is ensured in practice. It also asks the Government to indicate any special positive measures aimed at effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers.

5. Article 5. Consultation of the representative organizations of employers and workers. The Committee notes that the organizations of employers and workers, as well as representative organizations of and for persons with disabilities, do not appear to have been consulted in the implementation of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee asks the Government to indicate the measures adopted in practice in accordance with this provision of the Convention.

6. Article 8. Services for persons with disabilities in rural areas and remote communities. The Committee notes that the Government has established a programme of “community-based rehabilitation” in seven communities. It would be grateful if the Government would indicate the objectives and actions carried out in the context of this programme. Please indicate any new programme for persons with disabilities in rural areas or remote communities.

7. Article 9. Training of staff responsible for persons with disabilities. The Committee notes the Government’s indications and observes that the interim PRSP of 2002 envisages the enhancement of the training of staff in centres for persons with disabilities. Please continue to provide detailed information on this matter.

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