Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

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2023
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The Committee notes the observations from the Zimbabwe Congress of Trade Unions (ZCTU), received on 14 September 2022. The Committee requests the Government to provide its reply in this regard.

Articles 2 and 5 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities.Consultation with the social partners and organizations of and for persons with disabilities. The Committee notes with interest the adoption of Zimbabwe’s first National Disability Policy (NDP) on 9 June 2021, developed with the technical and financial support of the United Nations Children’s Fund (UNICEF). The Committee notes that the NDP was formulated with the participation of a diverse range of stakeholders, including persons with disabilities and their representative organizations, non-governmental organizations, and the private sector. The NDP aims to reduce inequalities and empower persons with disabilities to enable them to improve their own standard of living and that of their families. The NDP includes among its objectives: mainstreaming disability in all laws, policies, guidelines, programs, and interventions to ensure that these are inclusive of and accessible to persons with disabilities and that they address the rights of persons with disabilities; raising awareness of disability issues; and guiding and supporting self-representation of persons with disabilities, particularly of women with disabilities. The Committee observes that, according to information available on the UNESCO website, on 7 July 2022, the Government, in collaboration with the United Nations Partnership on the Rights of Persons with Disabilities (UNPRPD) launched the National Technical Coordination Committee for the Implementation of the National Disability Policy. The Government indicates that workshops will be held to raise awareness of the NPD among employers and workers. Furthermore, the Committee notes that, according to the Government’s initial report of March 2022 to the UN Committee on the Convention on the Rights of Persons with Disabilities (CRPD), the Government is in the process of amending the Disabled Persons Act [Chapter 17:01] and taking measures to adapt national legislation aligned to both the Constitution of Zimbabwe and the CRPD. The Persons with Disabilities Bill, 2021 is the piece of draft legislation through which this legislative reform will be achieved. The Government indicates that the Draft Bill has been submitted to the Cabinet Committee on Legislation for its consideration. The Committee notes the observations of the ZCTU, in which it maintains that, while the Government has adopted a very progressive legislation on the rights of persons with disabilities, it has nevertheless failed to enforce it to effectively ensure the access to employment of persons with disabilities. Lastly, the Government reports that, although measures are being taken toward undertaking a national disability survey, current and reliable data on disability in Zimbabwe is not available. Nonetheless, the Government adds that it is estimated that approximately 15 per cent of the population in Zimbabwe have a disability, and that more than half of this percentage are women. The Committee requests the Government to provide detailed updated information on the nature, scope and impact of the measures taken to promote employment opportunities for persons with disabilities, including those adopted in the framework of the National Disability Policy (NDP). It also requests the Government to provide updated information on the status of the adoption of Persons with Disabilities Bill, 2021, and to provide a copy once it is adopted. The Government is also requested to provide concrete information on the content, frequency and outcome of the consultations held with the social partners and with organizations representing persons with disabilities in relation to the application of the provisions of the Convention. The Committee further requests the Government to provide detailed updated information on the practical application of the Convention, including statistical data, disaggregated by age and sex, as well as extracts from court decisions, reports, studies or other relevant documents concerning the matters covered by the Convention.

Article 3. Promotion of employment opportunities in the open labour market. The Committee notes that the NDP envisages the formulation of national guidelines on the employment of persons with disabilities, as well as on achieving inclusive education to prepare persons with disabilities for the world of formal employment, including entrepreneurship training and support. Moreover, the Government indicates that measures are being taken toward the establishment of a revolving loan fund of up to US$1,000 for persons with disabilities who wish to undertake small scale income generating investment programmes. To this end, the Government has partnered with the National Building Society (NBS) Bank to ensure the distribution of loans through the Bank to all eligible persons throughout the country. The Government reports that 15 applications for entrepreneurial initiatives have been submitted and are awaiting further approval by the NBS. It adds that measures will be taken to raise awareness of the fund, aimed at the National Social Security Authority (NSSA) rehabilitation centres and stakeholders. With respect to access to education, the NDP includes among its key elements: ensuring an inclusive education system at all levels, as well as lifelong learning for all persons with disabilities; guaranteeing that persons with disabilities are exempt from paying fees and levies at all public learning institutions; and providing reasonable accommodation to students with disabilities. Furthermore, financial support is provided for persons with disabilities that decide to enrol in vocational training, and the Government also has vocational institutions that provide certain courses free of charge, as well as free boarding facilities. The Government reports that, from January to 1 September 2022, 34 children with disabilities and 122 adults with disabilities were enrolled in public education institutions. Recalling that assistive technologies can be essential to enable persons with disabilities to secure and remain in employment, the Committee takes particular note of the Government’s indication that 260 applications for assistive technologies were processed during the reporting period, and that there has been an improvement in reach out following an exercise conducted on mapping of service providers to persons with disabilities. In addition, the Committee notes from the Government’s initial report to the CRPD, the development of the policy on “Equalisation of Employment Opportunities for persons with disabilities in the Public Sector”, in consultation with the National Disability Board, the private sector and the general public. The policy provides for the mainstreaming of disability in all matters related to employment and conditions of work in the public service. The Government adds that the Public Service Commission (PSC) is carrying out a disability baseline survey in the public sector to assess the inclusion of persons with disabilities in government policies and programmes, with a view to promoting evidence-based programming and interventions focused on persons with disabilities. There are currently 661 men with disabilities and 417 women with disabilities working in the public sector. With regard to the establishment of an employment quota of persons with disabilities, the Government indicates in its initial report before the CRPD that clause 42 of the Persons with Disabilities Bill provides for a 2 per cent employment quota for persons with disabilities in both the public and private sectors. The clause further provides for the imposition of penalties on employers who fail to comply with the quota (non-compliance). The Committee requests the Government to continue to provide detailed updated information on the nature, scope and impact of the measures taken to promote employment opportunities for men and women with disabilities in the open labour market in both the public and private sectors, including those adopted in the framework of the National Disability Policy (NDP) and the policy for the Equalisation of Employment Opportunities for persons with disabilities in the Public Sector, as well as the nature and impact of measures taken in relation to the provision of assistive technologies. The Committee further requests the Government to provide updated information on the adoption and implementation of the quota system envisaged in clause 42 of the Persons with Disabilities Bill to promote the employment of persons with disabilities in the labour market.

Article 4. Effective equality of opportunity and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. The Government refers in its report to section 5 of the Labour Act, which prohibits discrimination on the basis of disability and other specified grounds, against any employee or prospective employee in the advertisement, recruitment, creation, and classification of jobs. The Committee notes the information provided by the Government regarding the measures taken to promote equality of opportunity and treatment between workers with disabilities and other workers. In particular, the Committee notes that joint inspections of workplaces are carried out by the labour officers and labour inspectors of the NSSA to assess compliance with legislation and raise awareness of the obligation to promote equal treatment and non-discrimination against persons with disabilities and persons with albinism. The Government adds that, in accordance with a directive from the Ministry of Local Government and Social Amenities, only building plans that are accessible to persons with disabilities are approved. The Committee nevertheless notes that, in its observations, the ZCTU denounces that persons with disabilities still face discrimination, stigma and stereotyping in Zimbabwean society. The ZCTU adds that, while there are persons with disabilities employed in the public sector, employers in the private sector rarely employ persons with disabilities. Lastly, the Committee notes that the Government does not provide information on measures taken to promote effective equality of opportunity and treatment between men and women with disabilities. The Committee requests the Government to continue to provide detailed updated information on the nature, scope and impact of measures adopted or envisaged to ensure effective equality of opportunities and treatment in employment and occupation between women and men with disabilities, as well as between workers without disabilities and those with disabilities, including statistics disaggregated by sex, age and economic sector. The Committee also requests the Government to provide copies of court decisions, if any, addressing discrimination against women and men with disabilities, including denial of reasonable accommodation in the public and private sectors.

Article 7. Vocational rehabilitation and employment services. The Committee notes that the Government refers to the establishment of the Department of Disability Affairs. According to information available on the Government’s website, this Department has two main sections Disability and Rehabilitation Section and the State Service Disability Benefits. It utilizes the Department of Social Welfare structures at provincial and district levels in rolling out its programmes. The Department is responsible for processing the financial assistance granted to persons with disabilities who wish to pursue vocational education up to the university level as well as the applications for state service disability benefits. The Government reports that, from January to July 2022, 289 persons with disabilities were enrolled in tertiary education and received financial support for vocational training fees, and that 489 applications for state service disability benefits were processed during the same period. The Committee also notes that the NDP envisages the adoption of measures to ensure that comprehensive rehabilitation services and programmes are organized, strengthened and extended to persons with disabilities in, among other areas, education, employment and social services; and that a minimum of 15 habilitation and rehabilitation students per enrolment must be persons with disabilities. The Committee also notes that, in its initial report to the CRPD, the Government indicates that financial support is provided to the three State-owned National Rehabilitation Centres (Ruwa, Lowdon Lodge and Beatrice National Rehabilitation Centres), which exclusively enroll persons with disabilities. The rehabilitation centers offer courses in areas such as: carpentry, motor mechanics, leatherwork, domestic appliances electrical, welding, storekeeping and bookkeeping, ornamental horticulture and information technology. The Government reports that 420 students are currently enrolled in the vocational training centres. Moreover, institutional support is provided in the form of administrative and per capita grants to NGO-owned institutions. The Committee requests the Government to continue to provide updated detailed information on the nature, scope and impact of the vocational guidance and training measures adopted to enable persons with disabilities to secure, retain and advance in employment.It further requests the Government to provide updated detailed information on nature, scope and impact of vocational rehabilitation and employment services provided to persons living with a psychological, emotional or intellectual disability.

Article 8. Access to services in rural areas and remote communities. The Committee notes the Government’s indication that, between January and August 2022, 35 career guidance workshops for persons with disabilities were held in rural and remote areas of the country. In addition, measures were taken to raise awareness among persons with disabilities of the range of vocational training and related services available to them through the Social Welfare District offices. The Committee requests the Government to continue to provide updated detailed information on the nature, scope and impact of the measures taken to ensure the effective provision of vocational rehabilitation and employment services in rural areas and remote communities.

Article 9. Training of staff responsible for persons with disabilities. The Committee notes that, pursuant to the NDP, continuous professional development in the area of disability must be compulsory for staff, including qualified teachers and social workers. In addition, the Government reports that staff development programmes and exchange programmes with organizations of persons with disabilities have been implemented to train staff responsible for providing services to persons with disabilities. The Government further indicates that diploma, degree and master’s programmes on disability studies have been introduced in higher education institutions. The Committee requests the Government to continue to provide detailed updated information on the nature, scope and impact of the training provided to vocational rehabilitation and employment services staff in both urban and rural areas to enable them to provide effective employment-related services, including training, vocational guidance and placement services tailored to the specific needs of persons with disabilities.