Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 159) sur la réadaptation professionnelle et l'emploi des personnes handicapées, 1983 - Sao Tomé-et-Principe (Ratification: 1992)

Autre commentaire sur C159

Observation

Demande directe

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Articles 2 and 3 of the Convention. Implementation of a national policy for the vocational rehabilitation and employment of persons with disabilities. In its previous comments, the Committee requested the Government to provide the text of the Basic Act for Persons with Disabilities and to provide information on the provisions of the Labour Code directly related to the promotion of employment for persons with disabilities. In this respect, the Committee notes with interest the entry into force of the Basic Act for Persons with Disabilities No. 7/2012. In particular, it notes that section 17 establishes the obligation of the State, inter alia, to guarantee the right to work of persons with disabilities and develop measures with all government institutions at all levels to ensure equality of opportunity and treatment for persons with disabilities. It also notes that section 27 states that the Government shall give priority to the formulation of a policy on employment, vocational training and social security for persons with disabilities. Under this provision, the government body responsible for implementing the policy on employment and vocational training for persons with disabilities is obliged, inter alia, to: (i) develop special programmes with a view to promoting self-employment; (ii) implement the Initial Employment Act; (iii) ensure quality vocational training for persons with disabilities; (iv) adapt posts for persons with disabilities; (v) provide vocational training for persons with disabilities in vocational training centres, vocational rehabilitation centres and similar and related institutions; and (vi) guarantee mandatory social protection for all persons with disabilities, in accordance with the Basic Act on Social Protection. The Committee further notes that the second paragraph of section 27 establishes a quota system for the employment of persons with disabilities in the public and private sectors. The Government reports that progress has been observed in the past few years thanks to the adoption of Act No. 7/2012, particularly in relation to the construction of access ramps for persons with disabilities, as all new buildings have been required to have such ramps since the Act entered into force. Moreover, the Government adds that persons with disabilities have their own association through which they can assert their rights. The Committee requests the Government to provide specific and detailed information on the application of the Basic Act for Persons with Disabilities No. 7/2012, indicating the government body responsible for implementing the policy on employment and vocational training for persons with disabilities, and the impact of the Act on the inclusion of persons with disabilities in the open labour market. The Committee also requests the Government to provide statistical data on the labour market integration of persons with disabilities, disaggregated, where possible, by sex, age, type of disability, economic sector and region. Lastly, the Committee requests the Government to provide a copy of the national employment policy once it has been adopted.

Article 5. Consultations with the social partners. The Government indicates that its report was forwarded to the representative organizations of employers and workers, which agreed with the content. However, the Government does not provide additional information on the consultations with the social partners required under Article 5. The Committee once again requests the Government to provide information on the manner in which the social partners have been consulted in the formulation and implementation of a national policy for the vocational rehabilitation and employment of persons with disabilities, and to provide information on the consultations held with the organizations of and for persons with disabilities.

Article 7. Accessible employment services for persons with disabilities. In its previous comments, the Committee requested the Government to provide information on employment, vocational guidance and vocational training services designed to enable persons with disabilities to have access to and advance in employment. The Government states that both the Constitution and Act No. 7/2012 require all educational establishments to provide education to persons with disabilities. The Government adds that all the existing vocational training centres in the country have their own structures and that the persons who use their services receive, without any discrimination, vocational rehabilitation. The Committee requests the Government to provide detailed information on the number and geographical distribution in the country of employment services available to persons with disabilities, as well as the results of the vocational guidance and vocational training measures that have been adopted to enable persons with disabilities to have access to and advance in employment. The Committee requests the Government to provide statistical data in this respect, disaggregated, where possible, by sex and age.

Article 8. Access to services in rural areas and remote communities. The Committee notes that the Government does not provide any information in this regard. The Committee once again requests the Government to provide information on the employment, vocational guidance and vocational training services made available to persons with disabilities living in rural areas and remote communities.

Article 9. Training of staff qualified. The Committee notes that the Government does not provide any information in this regard. The Committee once again requests the Government to provide information on the measures adopted to ensure the availability of qualified vocational rehabilitation staff.