Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Peru (Ratification: 1986)

Other comments on C159

Observation

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 14 September 2017. The Committee requests the Government to send its comments in this regard.

Articles 2 and 3 of the Convention. Implementation of vocational rehabilitation and employment policies for persons with disabilities. In reply to the Committee’s previous comments, the Government refers once again in its report to the inclusion of the minimum 5 per cent quota of workers with disabilities in the public sector and 3 per cent in private sector companies employing more than 50 workers, and also the 15 per cent weighing included in the final score of selection processes for public competitions to promote the access of persons with disabilities to the labour market. The Committee notes the information supplied by the Government on the impact of the abovementioned measures. In particular, the Government indicates that, according to statistical information sent by the National Civil Service Authority (SERVIR), as of April 2017 there were 1,367 public servants with disabilities registered in the electronic payroll of the Ministry of Labour, which represents 0.1 per cent of all public sector workers. The Government adds that only 34 executive units in the public sector meet the 5 per cent recruitment quota for persons with disabilities, and most of these are municipalities with small numbers of workers. The Government indicates that in view of the difficulties encountered by public entities in fulfilling the abovementioned employment quota, the National Council for the Integration of Persons with Disabilities (CONADIS), in coordination with SERVIR, has been drawing up a proposal to amend the regulations implementing the General Act on persons with disabilities (No. 29973), with the aim of establishing clearly and precisely the procedure to be followed by state institutions to fulfil the abovementioned quota. Accordingly, the draft provides for the establishment of mechanisms for the dissemination of recruitment notices, the running of an employment exchange and the development of a database for persons with disabilities, detailing their academic training, knowledge and experience. However, the Committee notes that the CATP highlights in its observations the lack of adequate resources and inspections to ensure that the compulsory quotas established by Act No. 29973 are fulfilled. In this regard, the CATP indicates that the transfer of public sector inspection duties from the labour inspectorate to SERVIR has reduced inspection capacities, since SERVIR does not have the precise, centralized and up-to-date information to allow ongoing monitoring of compliance with the employment quota for persons with disabilities in the public sector. Moreover, the CATP indicates that most persons with disabilities in Peru have few educational qualifications and a high level of economic inactivity, and the majority work in the informal economy. It observes that the unemployment rate for persons with disabilities (12.1 per cent) is nearly four times higher than that of the population as a whole (3.7 per cent), and that eight out of ten enterprises do not hire persons with disabilities. The CATP affirms that such factors stem from the inadequate and patchy evaluation of the policies adopted to promote the access of persons with disabilities to the labour market. As regards the vocational retraining and rehabilitation services for persons with disabilities established under Act No. 29973, the CATP indicates that, according to information from CONADIS, only 61 per cent of persons with disabilities have access to such services. The Committee requests the Government to provide up to-date information on progress made regarding the adoption of the proposed amendments to Act No. 29973 aimed at facilitating compliance with the employment quota for persons with disabilities in the public sector. The Committee also requests the Government to continue sending up-to-date information on the impact of the measures adopted to promote job opportunities for persons with disabilities, including of a mental or intellectual nature, in the open labour market, in both the public and private sectors. The Committee also requests the Government once again to send summaries of studies or evaluations relating to rehabilitation and employment policies and programmes for persons with disabilities, and information on other up-to-date indicators of the results achieved by the legislative measures and policies adopted in favour of persons with disabilities.

Article 5. Consultations with representative employers’ and workers’ organizations. The CATP indicates in its observations that the consultation mechanisms established in Act No. 29973 do not guarantee adequate consultations with the organizations of persons with disabilities, since the consultations only occur through CONADIS. The CATP affirms that CONADIS only represents a small number of persons with disabilities. It also considers inadequate the pre-publication in accessible formats on the website of each entity of the regulatory proposals regarding job quotas and reasonable accommodation for persons with disabilities in the private sector, and also the holding of workshops with the objective that the persons concerned can make their contributions and observations. The CATP states that these procedures do not enable the needs of persons with disabilities to be known. The Committee requests the Government to provide detailed information on the manner in which the representative organizations of employers and workers and also the representative organizations of persons with disabilities are consulted on the application and periodic revision of national policy for the occupational rehabilitation of persons with disabilities.

Article 8. Services in rural areas and remote communities. For several years, the Committee has been asking the Government to provide information on the measures planned for the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities. The Committee observes that the Government has still not replied to this request. The Committee urges the Government to provide information in this regard.

Article 9. Training of qualified staff. For several years, the Committee has been asking the Government to provide information on the training of suitably qualified staff for the vocational guidance, vocational training, placement and employment of persons with disabilities. The Committee observes that the Government has still not replied to this request. The Committee urges the Government to provide information in this regard.

[The Government is requested to send a detailed report in 2018.]