Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Colombia (Ratification: 1989)

Application of a national policy. In its direct request in 2010, the Committee invited the Government to provide its comments on the observations made by the Single Confederation of Workers (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), which were forwarded to it in September 2010. The CUT and CTC indicate that, according to specialized studies, 85 out of every 100 Colombian nationals with a permanent disability do not receive the rehabilitation that they need, in most cases due to lack of resources. Furthermore, a policy has not been formulated for the integration into work of persons with disabilities which combines elements for the harmonization of employment policy with access to employment opportunities under equality of conditions for persons with disabilities. The CUT and CTC emphasize the important role played by the case law of the Constitutional Court in protecting the labour rights of workers with disabilities, even though court decisions have not succeeded in promoting employability, but only in guaranteeing the employment stability of persons with disabilities. The CGT also comments on the failure to give effect to the existing legislation and indicates that broader awareness-raising measures are required in accordance with the needs of persons with disabilities. In the report received in August 2010, the Government provided full documentation on the comprehensive standards for the protection of disability, the methodological guide for the implementation of a comprehensive socio-employment model for persons with disabilities and a detailed table of the forums of enterprises established to facilitate intermediation between enterprises and persons with disabilities. In the reply received in May 2011, the Government indicates that it is endeavouring to include the theme of disability in its various programmes in a transversal manner, and particularly in the framework of the National Disability System. The Committee also notes a further report by the Government received in July 2011 in which it emphasizes the role played by the Ministry of Social Protection in coordinating public policy on disability and as the body responsible for the National Disability System. The report includes a review of the case law on the strengthening of employment stability to protect persons in a situation of vulnerability or who suffer from a serious health problem. The CUT and CTC, in further observations which were forwarded to the Government in September 2011, reiterate their concern regarding the application of the Convention. The trade unions called on employers to generate employment and provide stability for men and women workers with disabilities. The Government should also afford greater accessibility to workers with disabilities at the national, departmental and local levels. The Committee invites the Government to provide updated information in its next report on the results achieved by the national policy of vocational rehabilitation and employment for persons with disabilities in terms of their entry into the free labour market (Articles 2 and 3 of the Convention). In particular, the Committee requests the Government to indicate in its report the manner in which the representative organizations of employers and workers, as well as the representative organizations of persons with disabilities, are consulted on the matters covered by the Convention (Article 5). The Committee further requests the Government to provide with the report data disaggregated, in so far as possible, by age and gender, and taking into account the nature of the disability, as well as extracts from reports and summaries of inquiries as a basis for examining the manner in which the Convention is applied in practice (Part V of the report form for the Convention).