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

Convention (n° 159) sur la réadaptation professionnelle et l'emploi des personnes handicapées, 1983 - Côte d'Ivoire (Ratification: 1999)

Autre commentaire sur C159

Demande directe

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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 relevant provisions of Decree No. 2018-456 of 9 May 2018 concerning the employment of persons with disabilities in the private sector (sections 3 to 10), particularly those under section 3, which establish that “access to employment is a recognized right for persons with disabilities. Discrimination of any kind, whether in terms of access to employment or vocational training for persons with disabilities, is prohibited”. It also notes that section 9 of the above-mentioned Decree stipulates that “where the professional performance of persons with disabilities is significantly impaired, as determined by the competent authorities, the employers must reassign them to positions better suited to their disability”. The Committee recalls that Paragraph 7 of the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168), recommends that persons with disabilities should enjoy equality of opportunity and treatment in respect of access to, retention of and advancement in employment which, wherever possible, corresponds to their own choice and takes account of their individual suitability for such employment. The Committee recalls that both accessibility and reasonable adaptations are essential for the achievement of substantive equality of opportunity and treatment in employment and occupation for persons with disabilities, so that they may effectively exercise their fundamental right to full participation and integration into social and economic life (General Survey 2020, Promoting employment and decent work in a changing landscape, paragraph 691). In this regard, it notes that the Government does not provide information on the measures taken or contemplated to ensure that all the provisions of the above-mentioned Decree, in particular sections 3 and 9, are in conformity with the Convention, which envisages that the worker concerned may retain their employment with reasonable adaptations. Concerning the national policy for persons with disabilities, the Government reiterates that the national policy and action plan for persons with disabilities are being finalized. With regard to possible penalties provided for by the 2015 Labour Code, the Committee notes the provisions under section 12.2 on the obligation of employers to reserve a quota of jobs for persons with disabilities who have the required professional qualification. Concerning the public sector, the Committee notes that, between 2018 and 2020, 558 persons with disabilities entered the public service through the job quota system. In view of the provisions under section 9 of Decree No. 2018-456 of 9 May 2018, which do not expressly require employers to proceed with the necessary reasonable adaptations, the Committee requests the Government to provide information on the legislative framework and the measures taken to ensure effective equality of opportunities and treatment in employment and occupation in practice in the public and private sectors between women and men with disabilities, and between workers in general and workers with disabilities, including measures to make reasonable adaptations. The Committee also requests the Government to continue to provide detailed and updated information, including statistics disaggregated by sex, age and occupation, on the impact of the measures adopted to promote employment opportunities for persons with disabilities in the open labour market in both the public and private sectors. The Committee invites the Government to keep the Office informed of any progress achieved in the process to adopt the national policy and the corresponding plan of action for persons with disabilities.

Article 4. Equality of opportunity and treatment. The Government indicates that the draft Decree on access to employment for persons with disabilities in the public service is in the process of being adopted. It furthermore indicates that special positive measures are implemented to ensure equality of opportunity and treatment for workers with disabilities and workers in general, in particular through exemptions for recruitment in the public service for persons with disabilities. In this regard, the Committee notes that, according to the information available on the Government’s official portal, until April 2022, around 1,706 persons with disabilities entered the public service on the basis of an exemption. The Government further indicates that that the draft compendium of skills for persons with disabilities, which will provide employers with a list of categories of persons with disabilities for potential recruitment, is in the process of being implemented. The Committee requests the Government to provide information on the progress of the draft Decree on access to employment for persons with disabilities in the public service and to provide a copy of the draft Decree as soon as it is adopted. The Committee also requests the Government to provide detailed and updated information on the implementation of the draft compendium. The Government is also requested to provide information on the impact of the recruitment exemption, in particular statistics disaggregated by sex, age and occupation, in terms of the number of persons with disabilities who have entered the public service by means of this exemption.

Article 5. Consultation of the social partners. The Government indicates that the process to adopt draft texts for the establishment of the technical guidance and reclassification committees (COTOREP) in the public and private sectors is under way. In this regard, the Committee notes with interest that, according to the information available on the Government’s official portal, in September 2021, the Council of Ministers adopted two decrees on behalf of the Ministry of Employment. The first decree establishes the technical guidance and occupational reclassification committee for persons with disabilities in the public sector. The second decree establishes the technical guidance and occupational classification committee for persons with disabilities in the private sector. It also notes that the purpose of these two decrees is to guarantee the right to employment for persons with disabilities, and the right to occupational reclassification of workers with disabilities, in both the public and private sector, in order to promote their social inclusion. Concerning the participation of the social partners, the Committee notes that, according to the information available on the Government’s official portal, professionals from different sectors, including organizations of persons with disabilities, are participating in the implementation of the Government’s social inclusion policy. The Committee notes, however, that the Government’s report does not contain any information on the consultations conducted with the social partners. The Committee requests the Government to provide information on the manner in which organizations of workers and employers and also representative organizations of and for persons with disabilities are consulted with regard to the implementation of the Government’s social inclusion policy. The Committee also requests the Government to provide detailed and updated information on the creation of the technical guidance and occupational reclassification committees for persons with disabilities (COTOREP) in the public and private sectors, especially in terms of the integration of persons with disabilities into sustainable employment.

Article 8. Services accessible in rural areas and remote communities. The Government reports on the progress achieved with regard to the resumption of activities under the Community Rehabilitation Programme, particularly in relation to the implementation of the inclusive education project. It indicates that the project was launched on 1 June 2017 for a period of three years but was extended by one year due to the health crisis arising from the COVID-19 pandemic in 2020. The Committee notes that the implementation of the inclusive education project allowed for the creation of 30 inclusive schools (as opposed to two in the past) in Abidjan and in the interior of the country. It also notes that the implementation of the project facilitated the acquisition of equipment and the training of 150 teachers, with a view to improving the support and assessment of children with disabilities. The Committee requests the Government to continue to provide information on the activities of the Community Rehabilitation Programme, and on the impact of these activities in terms of the improvement of access for persons with disabilities in rural areas and remote communities to education and vocational guidance and training, as well as recruitment and placement services.

Article 9. Training of suitably qualified staff. Regarding vocational rehabilitation, the Government indicates that the purpose of the Prosthetics and Functional Re-education Centre (CARF), which is managed by the National Social Insurance Fund (CNPS), is to produce the prosthetic and orthotic devices required for rehabilitation and re-education, and to provide functional re-education. It also indicates that CARF has highly qualified staff and state-of-the-art technical facilities, which are open to all persons having undergone amputations or with reduced mobility, including persons injured in the workplace, insured and non-insured persons, and both adults and children. The Committee requests the Government to provide detailed and updated information on any measures taken or contemplated to ensure the training and availability, for those interested, of an adequate number of rehabilitation advisors, and other qualified staff responsible for vocational guidance and training, and the posting of persons with disabilities on the open labour market.