Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C159

Observation

Demande directe

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Article 2 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes with interest the information provided by the Government on legislative developments with respect to the rights of persons with disabilities during the period covered by the report. In particular, the Government reports that Act No. 38 of 3 April 2008 on the Social Protection of Persons with Disabilities was superseded by the adoption of the Act on Rights and Guarantees for Persons with Disabilities in 2017. The Act establishes the right to work of persons with disabilities under normal working conditions, in specialized organizations, in workshops and in areas employing persons with disabilities (section 27) and to engage in entrepreneurial activities with the support of local state administrations and governments (section 32). The Committee notes that section 28 of the Act establishes a 5 per cent employment quota for persons with disabilities in any workplace employing at least 20 workers. It further establishes that working conditions (including pay, working hours and rest hours and the duration of annual leave) for persons with disabilities under collective agreements and employment contracts cannot be less favourable than those established for other employees. In addition, section 40 of the Act stipulates that vocational and advanced training shall be provided to persons with disabilities in educational institutions, enterprises and organizations (specialized or general) together with social protection institutions and pursuant to an individual rehabilitation programme. The Committee also notes the Government’s indication concerning its ratification of the UN Convention on the Rights of Persons with Disabilities on 13 March 2019. In this regard, the Committee notes that, according to information available on the website of the Kyrgyz Ombudsperson (Akyikatchy Institute), a draft resolution of the Plan of priority measures for the implementation of the provisions of the CRPD for 2020–22 has been developed. The Committee also notes the establishment of the Council for Persons with Disabilities by the Government Decree No. 175-b of 15 May 2020, which includes among its main responsibilities the provision of assistance to public authorities in the implementation of legislation to improve the socio-economic situation of persons with disabilities. The Committee nevertheless observes that, according to the information available on the website of the Ombudsman, while the Government has taken efforts towards the recognition of persons with disabilities’ rights in the legislation, significant gaps in implementation remain. The Committee therefore requests the Government to provide detailed updated information on the nature and impact of the policies and measures adopted or envisaged to give effect to the provisions of the Convention. It further requests the Government to provide concrete information on the application of the 2017 amendments to Act No. 38 of 3 April 2008 on Rights and Guarantees for Persons with Disabilities and the manner in which it ensures equal access to employment and decent work for persons with disabilities, including copies of court decisions concerning application of the principles of the Convention. In addition, the Committee requests the Government to provide additional concrete information on practical measures taken to ensure the right of persons with disabilities to have equality of access to employment and occupation.

Article 3. Access to the open labour market for persons with disabilities. In response to the Committee’s previous comments concerning the employment of persons with disabilities on the open labour market, the Government refers to the 5 per cent employment quota for persons with disabilities established under sections 314 and 315 of the Labour Code. The Government indicates that, in 2018, the Kyrgyz Ombudsman (Akyikatchy Institute) carried out a study to evaluate compliance with the quotas by institutions and organizations in both the public and private sectors. It reports that not all of the jobs offered in accordance with the 5 per cent quota were filled by persons with disabilities due to, among other reasons, the low number of persons with disabilities contacting the territorial employment agencies. In addition, while the majority of persons with disabilities that do contact the employment services have higher or secondary special education, most vacancies offered are in lower paid non-professional occupations. The Government adds that many persons with disabilities also find employment without using the employment services. The Committee notes the statistical information provided by the Government with regard to the number of persons with disabilities who secured employment and accessed vocational training or paid community work between the second quarter of 2018 and the second quarter of 2019, after receiving support from the public employment services. During this period, there were 757 jobseekers with disabilities (390 of which were women), 167 of them (92 of which were women) found work, while 105 were directed to vocational training, and 132 were directed to paid community work. The Committee nevertheless notes that, in its concluding observations of 7 July 2015, the UN Committee on Economic, Social and Cultural Rights (CESC) expressed concern at the scale of unemployment in the country, which primarily affects women, young people under the age of 30 and persons with disabilities (Document E/C.12/KGZ/CO/2-3, paragraph 9). With regard to the employment of persons with disabilities in the state service, the Committee notes that, according to the official statistics available from the State Personnel Service, as of 2018, there were more than 180,000 persons with disabilities in Kyrgyzstan (making up 3 per cent of the total population). However, only 103 persons with disabilities were employed in the state service. In this context, the Committee notes that, on 22 May 2019, the State Human Resources signed a plan for cooperation with the Organization for Security and Co-operation in Europe (OSCE) with a view to promoting an inclusive working environment for persons with disabilities and protecting their rights in the state and municipal service. The Plan’s objectives include providing a platform for dialogue and cooperation to promote the rights and employment of persons with disabilities, developing inclusive employment recruitment processes for persons with disabilities, ensuring equality of opportunity for persons with disabilities, and implementing awareness-raising measures about the rights of persons with disabilities among the state and social sectors. Lastly, the Government refers to the adoption of Presidential Decree UP No. 243 of 27 August 2000, which provides support for the manufacturing enterprises of the Kyrgyz Society for the Blind and Deaf. The Committee requests the Government to provide information on the nature, scope and impact of measures adopted to improve the employment opportunities of persons with disabilities on the open labour market, particularly women with disabilities, in both the public and the private sectors. In this respect, the Committee invites the Government to continue to provide statistical data, disaggregated by sex, age and type of disability, as well as by region, to the extent possible, and extracts from reports, studies and investigations concerning the matters covered by the Convention. It further requests the Government to provide a copy of the most recent report of the Ombudsman (Akyikatchy Institute) relating to the rights of persons with disabilities, including their labour and employment rights.

Article 4. Effective equality of opportunities and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. The Committee notes that, in its concluding observations of 7 July 2015, the CESC expressed concern with regard to the lack of comprehensive anti-discrimination legislation, and the persistent discrimination on the basis of ethnicity, sex, religion, economic status, age or other status, including disability, in accessing employment (document E/C.12/KGZ/CO/2-3, paragraph 5). In this respect, the Committee notes that article 16(2) of the Constitution provides that no one may be subjected to discrimination on the basis of, among other grounds, sex and disability, while article 16(4) states that “[i]n the Kyrgyz Republic men and women shall have equal rights and freedoms and equal opportunities for their realization.” There is, however, an absence of substantive legislation providing the practical application of the right to equality of opportunity and treatment in employment and occupation. In this context, the Committee notes that, while section 9 of the Labour Code prohibiting discrimination in the field of employment and occupation sets out a list of prohibited grounds of discrimination, it does not include the ground of disability. Moreover, the Committee notes that section 9 of the Labour Code does not explicitly outline and prohibit workplace discrimination that may occur during hiring, promotions, demotions, or terminations. Section 317 and 318 of the Labour Code prohibit specific cases of workplace discrimination against persons with disabilities, guaranteeing equal working conditions and equal remuneration while also protecting workers with disabilities from termination and dismissal in certain circumstances. The law also requires employers to reasonably accommodate workers with disabilities by creating individualized working conditions. Moreover, the Committee notes that the Law of the Kyrgyz Republic on State Guarantees of Equal Rights and Equal Opportunities for Men and Women, as amended by Law No. 97 of 14 July 2011, does not prohibit discrimination on multiple grounds; and does not include a definition of indirect discrimination consistent with international standards. In this context, the Committee notes that, in its concluding observations of 29 November 2021, the UN Committee on the Elimination of Discrimination against Women (CEDAW), expressed concern at the limited access to decent employment for disadvantaged and marginalized groups of women, including women with disabilities. The CEDAW also expressed concern with regard to intersecting forms of discrimination faced by women with disabilities (document CEDAW/C/KGZ/CO/5, paragraphs 33(f) and 41). The Committee requests the Government to provide detailed information on the nature, scope and impact of measures adopted to ensure effective equality of opportunities and treatment in employment and occupation between women and men with disabilities, and between workers in general and workers with disabilities, including statistics disaggregated by sex, age and economic sector. The Committee further requests the Government to provide detailed information on the effective application of legislation concerning effective equality of opportunities and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. It also requests the Government to provide copies of court decisions, if any, concerning cases of direct and indirect discrimination against persons with disabilities, including cases of discrimination on multiple grounds, such as sex or race, coupled with the ground of disability.

Article 5. Consultations with the social partners and with organizations of and for persons with disabilities. In response to the Committee’s previous comments, the Government reiterates that offices of the state employment services developed standards for setting the 5 per cent job quota for persons with disabilities with the participation of the organizations of persons with disabilities in the country. The Committee notes that discussions were held on 6 September 2019 in relation to the development of inclusive recruitment processes for persons with disabilities in the state and municipal service in the capital city of Bishkek between representatives of the government, civil society, including organizations of persons with disabilities, and international organizations. The Committee requests the Government 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.

Article 7. Vocational training for persons with disabilities. The Committee notes the information provided by the Government on training programmes for persons with disabilities developed between 2018 and 2019 by the State Penal Correction Service. The Committee notes that of the training programmes provided, programmes for hairdressers are directed to women, while programmes for welders are directed to men. The Government indicates that, in the framework of the Education and Skills Development project of the Asian Development Bank (ADB), physical barriers were removed in 41 vocational educational institutions to guarantee the access of persons with disabilities. The Committee requests the Government to provide updated detailed information on the nature and impacts of the vocational guidance and training measures adopted to enable persons with disabilities to secure, retain and advance in employment. Noting that certain vocational training programmes for persons with disabilities appear to direct women and men to occupations perceived as traditionally female or male, the Committee requests the Government to provide information on the measures adopted or envisaged to promote gender equality between men and women with disabilities in vocational guidance and training, including measures to promote women’s access to non-traditional occupations.

Articles 8 and 9. Availability of vocational rehabilitation and employment services in rural and remote areas and training of suitably qualified staff. The Government reports that the Ministry of Labour and Social Development and the German Agency for International Cooperation (GIZ) concluded a cooperation agreement for implementation of a programme to support the employment and vocational education of persons with disabilities. Following the implementation of pilots in Bishkek, Talas, Naryn and Karakol, the programme was extended to the southern cities of Osh, Jalal- Abad, Uzgen and Batken. In addition, several trainings on the new approach to vocational guidance and training under the cooperation agreement were provided in 2019 with the support of the GIZ to public employment service staff in these cities. The Committee requests the Government to provide updated information on the nature and impact of measures adopted to ensure the provision of effective vocational rehabilitation and employment services in rural areas and remote communities. The Committee further requests the Government to provide detailed updated information on the content and scope 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. In particular, the Committee requests the Government to provide detailed information on the nature and impact of employment services provided to persons living with a psychological, emotional or intellectual disability.