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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.]
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.
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.
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.