Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Effective implementation of the provisions of the Convention. The Government indicates in its report received in May 2007 that, in the context of the implementation of the Convention, several decrees implementing Framework Act No. 98-594 of 10 November 1998 for persons with disabilities have been drawn up and are in the process of being signed. The Committee trusts that the decrees implementing the Act of 10 November 1998 will be implemented soon to ensure the effective application of the provisions of the Convention, in particular Articles 2, 4 and 5. The Government is requested to continue to provide information in its next report on any developments in this regard.

2. Articles 2 and 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the measures implemented, in particular by the Directorate for Mutual Insurance and Social Affairs in the School Environment (DMOSS) of the Ministry of National Education, to promote access to education and training for children and young persons with disabilities. With regard to the vocational training of persons with disabilities, the Government refers to the actions implemented, in particular, by the Agency for Employment and Vocational Training (AGEFOP), the Vocational Training and Development Fund (FDFP) and the Agency for Employment Studies and Promotion (AGEPE), which has conducted a study on the identification of the training and integration needs of persons with disabilities, the results of which are about to be assessed. The Government indicates that much remains to be done with regard to the economic integration of persons with disabilities, and that a national policy document on persons with disabilities is being drawn up by the Ministry for the Family, Women and Social Affairs. The Committee also notes Decree No. 2003-383 of 9 October 2003 defining the structure of the Ministry for Solidarity, Social Security and Persons with Disabilities and, in particular, the Ministry’s seven social programmes contained in the annex. The Committee requests the Government to provide in its next report the documents relating to its national policy on persons with disabilities, to indicate the vocational rehabilitation and employment measures adopted in the context of the national policy on persons with disabilities, and to provide information on the results of the social programmes implemented.

3. Article 4. Effective equality of opportunity and treatment between workers with disabilities and other workers. The Committee notes that, in reply to its previous comments, the Government indicates that the first step towards achieving the objectives of Article 4 of the Convention is section 14 of the Decree on the employment of persons with disabilities, which is about to be signed and which provides that “the wage of the beneficiaries of the employment obligation may not be below that resulting from the laws or regulations or from the collective labour agreement. However, where the work performance of the persons concerned is manifestly reduced, wage reductions may be authorized under conditions established by regulation”. Recalling that Article 4 of the Convention requires a national policy on the vocational rehabilitation and employment of persons with disabilities based on the principle of equal opportunity and treatment between workers with disabilities and other workers, the Committee requests the Government to indicate how equality of treatment between workers with disabilities and other workers is ensured, particularly in terms of wages, by providing information on any regulations likely to be adopted under section 14 of the abovementioned Decree. Noting the Government’s indication that, pending the signature of the Decree on the employment of persons with disabilities providing for a quota of 3 per cent per year for the hiring of workers with disabilities, the special recruitment, without competition, of 337 persons with disabilities to decent and stable employment in the civil service has been authorized, the Committee requests the Government to continue to provide information on any other special positive measures adopted with a view to ensuring the effective equality of opportunity and treatment between workers with disabilities and other workers.

4. Article 5. Consultation of social partners. The Committee refers to its direct request of 2004 in which it noted that the employers’ and workers’ organizations, as well as the representative organizations of and for persons with disabilities, do not seem to be consulted on the implementation of the national policy on the vocational rehabilitation and employment of persons with disabilities. The Committee once again requests the Government to indicate how it ensures in practice that the representative organizations of employers and workers and the representative organizations of and for persons with disabilities are consulted on all matters covered by the Convention.

5. Article 8. Services for persons with disabilities in rural areas and remote communities. The Committee refers to its previous comments in which it noted the establishment of a programme for “community-based rehabilitation” in seven communities and trusts that the Government’s next report will contain information on the measures adopted, in particular under this programme, to promote the creation and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

6. Article 9. Training of staff responsible for persons with disabilities. The Government indicates that one of the major difficulties in ensuring the integration of persons with disabilities remains the lack of qualified staff, but that to remedy that situation a training project for trainers has been established. To date, 225 specialist educators and 61 specialist teachers have been trained and a programme to strengthen the capacities of social workers in service in specialist establishments has been introduced over a period of three years. The Committee requests the Government to continue providing information on developments in this regard to ensure that staff who are suitably qualified in vocational rehabilitation are made available to persons with disabilities.

7. Part V of the report form. Information on the application of the Convention in practice. The Committee notes the Government’s indication that the results of the study on the identification of the training and integration needs of persons with disabilities conducted by the AGEPE are available. It requests the Government to provide a copy of these results in its next report and also any information available on the manner in which the provisions of the Convention are applied in practice (statistics, extracts from reports, studies or investigations).