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

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

Autre commentaire sur C159

Demande directe

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Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. Consultations of the relevant organizations. In its previous comments, the Committee invited the Government to provide information, including relevant statistics on the impact of measures adopted to promote vocational rehabilitation and employment opportunities for persons with disabilities, as well as information on consultations with the social partners and organizations of and for persons with disabilities. The Committee notes the information provided in the report on vocational training courses offered by the National Centre for Rehabilitation and Development (NCRD) during 2012–16 in various areas of specialization for children and young people with disabilities with the aim of providing high-quality, accessible vocational skills training that reflect both the interests of persons with disabilities and the needs of the labour market. In particular, it notes the Government’s indication that 63 per cent of the graduates of the course found employment. In addition, the Committee notes that courses were held in 2015 to improve the infrastructure and environment for persons with disabilities employed by government organizations in certain districts. The courses were attended by 152 persons, including staff and officers of government offices and social security departments and representatives of non-governmental organizations for persons with disabilities, among others. The aim of the courses was to promote the development of an enabling environment in order to improve opportunities for persons with disabilities in terms of vocational rehabilitation assistance and services and to also improve the knowledge and skills of employees and officers working with persons with disabilities. The Government reports that, following the courses, measures were taken in certain districts to improve infrastructure for persons with disabilities. The Committee notes that such measures are frequently essential to ensure that persons with disabilities who are able to work are able to access workplaces. In its General Survey on vocational rehabilitation and employment of disabled persons, 1998, paragraph 55, the Committee pointed out that occupational disadvantage for many persons with disabilities is dependent on the extent to which places of employment recognize the needs of persons with disabilities and take account of them, noting that the workplace environment “should be adapted to make it accessible to all people with disabilities who are able to work, if necessary with appropriate medical or physical aids”. In this context, the Committee notes with interest the adoption of the Act on the Rights of Persons with Disabilities on 5 February 2016. The Government reports that the Act was revised, its content expanded and its provisions harmonized with the principles set out in the United Nations Convention on the Rights of Persons with Disabilities, 2006. The Act prohibits all forms of discrimination – including employment discrimination – on the grounds of disability, and provides for reasonable accommodation in the workplace (section 6.4 of the Act). The Government indicates that the Act reflects its commitment to labour rights and free choice of employment for persons with disabilities. With regard to the national legislation, the Committee also refers to the conclusions of the Committee on the Rights of Persons with Disabilities on the initial report of Mongolia (CRPD/C/MNG/CO/1, 13 May 2015) in which it expressed concern regarding the system for enforcing the legal requirement that public and private entities with more than 25 staff have 4 per cent of the staff consisting of persons with disabilities, as well as regarding legislation limiting the maximum number of working hours for persons with disabilities to 36 hours, indicating that this restriction may discourage their employment. The Committee requests the Government to provide a copy of the 2016 Rights of Persons with Disabilities Act. It also requests the Government to supply updated information, including statistics disaggregated by age and sex, on the impact of the measures implemented with a view to promoting employment opportunities for persons with disabilities in both the public and private sectors. The Committee would welcome receiving information regarding the manner in which the 4 per cent employment quota for persons with disabilities is applied as well as on the status of the legislation limiting the maximum weekly hours of work for persons with disabilities. In addition, the Committee reiterates its request that the Government provide information regarding the nature and content of consultations held with the social partners and with organizations of and for persons with disabilities on matters related to vocational rehabilitation and the promotion of employment for persons with disabilities.

Article 7. Vocational rehabilitation and employment services. In its previous comments, the Committee invited the Government to provide information on the progress made in developing local branches of the NCRD. The Government reports that NCRD’s range of services was expanded and additional premises were acquired in the Sükhbaatar district, which offers improved rehabilitation services for persons with disabilities. It adds that a Central Commission for the Health, Education and Social Protection of Children with Disabilities was established by the Government in the NCRD, with branches in 21 provinces and nine districts of Ulaanbaatar. The Commission offers early diagnosis of developmental delays and disabilities in children and provides comprehensive rehabilitation services tailored to each child. The Government also refers to a proposed project of the Asian Development Bank on ensuring inclusiveness and service delivery for persons with disabilities (2017–22) that envisages the establishment of development centres for children and adults with disabilities in six provinces. Furthermore, in 2016, the Centre for Vocational Rehabilitation, Training and Production provided essential specialist advice and information to 1,519 patients at specialist outpatient clinics that offer vocational rehabilitation services, in addition to surgery and trauma care. The Committee requests the Government to provide updated information in its next report on the progress made in establishing additional local branches of the National Centre for Rehabilitation and Development. In particular, the Government is requested to indicate the number and location of branches established, the number of adults with disabilities provided with vocational rehabilitation services, and the outcome of measures taken to place these persons in employment. It also requests the Government to provide information on progress made in establishment of the development centres referred to in its report.

Article 8. Access to services in rural areas and remote communities. The Government indicates that, during the period 2012–15, the NCRD, in partnership with other national entities, set up joint mobile services to provide a range of rehabilitation services in rural areas. The Committee notes that 428 persons with disabilities in 13 provinces and districts of Ulaanbaatar and in two remote communities were reached through these mobile services. The Committee requests the Government to continue providing updated information on the development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training of suitably qualified staff. Regarding the measures adopted by the Government to improve the training and increase the availability of qualified staff responsible for vocational guidance, training, placement and employment of persons with disabilities, the Committee notes that 97 staff members and officers of the NCRD are providing comprehensive rehabilitation services to persons with disabilities. The Government also reports that, in June 2016, the German Society for International Cooperation (GIZ) and the NCRD jointly offered training courses for 19 teachers (from the Khovd, Bayan-Ölgii and Govi-Altai provinces) and other employees of the vocational training institutes (VTI). The course included information on understanding disability, national legislation and international approaches, and techniques for working with persons with hearing, visual, mental and mobility impairments in providing vocational rehabilitation services. The Committee requests the Government to continue providing information on measures taken or envisaged to ensure the availability to the persons concerned of suitably qualified and trained vocational rehabilitation staff.