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

1. The Committee notes the Government’s first report received in September 2005, including the concerns on the application of the Convention in practice raised by the Confederation of Free Trade Unions of Ukraine (CFTUU). It notes that, in the framework of the National Programme on Vocational Rehabilitation and Employment for People with Disabilities, 2001-05, two institutions were created – the Centre for the Vocational Rehabilitation of Disabled Persons and the State Complex for the Early Rehabilitation of Disabled Children – with the aim of integrating or reintegrating persons with disabilities in society. According to the Act concerning the Basic Principles of Social Protection for Disabled Persons in Ukraine, in enterprises employing eight to 25 workers, one position is to be reserved for workers with disabilities. In other enterprises, the objective is to employ four workers with disabilities. The Committee asks the Government to provide further information in its next report on the manner in which the national programme is implemented and periodically reviewed. It also requests information on the draft bill submitted to the legislature (the Disabled Persons’ Rehabilitation Bill No. 5688 of 15 September 2004) and the results attained through the ILO assistance provided. Please also provide further specific practical information on the impact of the measures so far adopted by the Employment Service, together with the Centre for the Rehabilitation of Disabled Persons and the State Complex for the Early Social Rehabilitation of Disabled Children, to ensure that appropriate vocational rehabilitation measures are available in practice to all categories of persons with disabilities however that disability may have been caused. The Committee would like to be informed of the provisions made for giving access to persons with disabilities to employment service centres, places of employment and information regarding employment opportunities (Articles 2 and 3 of the Convention and Part V of the report form).

2. Effective equality of opportunity and treatment between men and women workers with disabilities, and other workers. The Committee notes the Government’s statement indicating that disabled men and women in Ukraine enjoy equal rights and its reference to article 24 of the 1996 Constitution. It asks the Government to indicate in its next report any special positive measures aimed at effective equality of opportunity and treatment between men and women workers with disabilities and other workers (Article 4).

3. Consultation of the representative organizations of employers and workers. The Government indicates in its report that four working groups have been created in the framework of the Ministry of Labour and Social Policy in which all Ukrainian public organizations of persons with disabilities are represented. The Council of Ministers has also established a Council for Disabled Persons in which all public organizations of disabled persons are represented. The Committee asks the Government to indicate whether representative employers’ and workers’ organizations are also consulted on the matters covered by the Convention. Please include information on the activities held by the Council for Disabled Persons and the work done by the four working groups mentioned in the Government’s report (Article 5).

4. Providing and evaluating services to workers with disabilities. The Government’s report refers to section 19 of the Act concerning the Basic Principles of Social Protection of Disabled Persons indicating that employment is provided or retained for persons with disabilities. The Committee asks the Government to further report on the arrangements made to provide and evaluate vocational guidance, vocational training, placement and employment services for all categories of persons with disabilities to enable them to secure, retain and advance in employment (Article 7).