Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Côte d'Ivoire (Ratification: 1999)

Articles 2 and 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. In reply to the Committee’s previous comments, the Government indicates that the national policy paper for persons with disabilities and its action plan have not yet been adopted. However, it adds that certain activities described in the paper have already been implemented. The Government refers to: the recruitment of persons with disabilities to the public service on the basis of special regulations, under which 158 persons were recruited in 2018; the socio-economic integration of persons with disabilities via the National Vocational Training Agency (AGEFOP) and the Côte d’Ivoire Enterprise and Development Organization (CIED); the establishment of the Ivorian National Institute for the Promotion of Blind Persons (INIPA); and the setting up of integrated training units in the various regional directorates for inclusive education. The Committee notes the adoption in May 2018 of Order No. 2018-456 of 9 May 2018, concerning the employment of persons with disabilities in the private sector. In this regard, the Committee notes that, under section 9 of the Order, employers must redeploy persons with disabilities to jobs which are better suited to their disability, in cases where their output is significantly diminished and verified by the competent authorities. The Committee recalls that Paragraph 7 of the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168), recommends that disabled persons should enjoy equality of opportunity and treatment in respect of access to and retention of employment which, wherever possible, corresponds to their own choice and takes account of their individual suitability for such employment, subject to reasonable adaptation, and enables them to advance in that employment. The Committee therefore requests the Government to indicate the measures taken or contemplated to ensure that all the provisions of the abovementioned Order are in conformity with the Convention. It once again requests the Government to send a copy of the national policy paper and its action plan and information on their implementation and results when they have been adopted. The Committee once again requests the Government to send detailed information on the content of section 12(2) of the Labour Code of 2015, including possible penalties, and also details of the number of persons with disabilities who have obtained employment through the quota system. It also once again requests the Government to send detailed information on the application of the Convention in practice, including statistics disaggregated by sex and age, and extracts from reports, studies or surveys on matters covered by the Convention.

Article 4. Equality of opportunity and treatment. The Government indicates that in practice some employers are reluctant to hire persons with disabilities because of the additional costs that might arise from the new arrangements to be made by the enterprise to improve their working conditions, such as improving access to buildings and adapting the workplace. In this respect, the Committee notes that, under section 6 of the abovementioned Order No. 2018-456, the costs of adaptation of the workplace must be borne by the employer. In its General Survey on vocational rehabilitation and employment of disabled persons, 1998, paragraph 196, the Committee observes that, among appropriate measures to create employment opportunities on the open labour market, Paragraph 11(a) of Recommendation No. 168 refers to financial incentives to employers to encourage them to make reasonable adaptations to workplaces, job design, tools, machinery and work organization to facilitate disabled persons’ training and employment. Financial assistance for the adaptation of workplaces may also include the award of credits or tax reductions to employers. The Government also indicates that a draft decree concerning access to employment for persons with disabilities in the public service is in the process of being adopted. In this context, it indicates that a project is under way to produce a compendium of skills in relation to persons with disabilities, which will provide employers with a list of categories of persons with disabilities for potential recruitment. The Committee requests the Government to keep it informed of developments regarding the draft decree concerning access to employment for persons with disabilities in the public service and to send a copy of the decree when it has been adopted. It once again requests the Government to provide information on the application of section 4 of the Labour Code in practice and requests it to continue providing information on the special positive measures taken or contemplated to ensure equality of opportunity between workers with disabilities and other workers. The Committee also requests the Government to provide detailed information on the abovementioned compendium, including on selection criteria.

Article 5. Consultation of the social partners. The Government indicates that the decree concerning technical guidance and reclassification committees (COTOREP) will be sent to the Committee when it has been adopted. It points out that, although the national policy paper for persons with disabilities had not yet been adopted, it serves as a basis for discussions in meetings with the social partners concerned and for decisions to be made for this disadvantaged population group. The Government adds that it is planned to set up two of the abovementioned technical committees, one for the public sector and one for the private sector. The Committee expresses the hope that the Government will soon be in a position to send the text of the abovementioned decree when it has been adopted. It once again requests the Government to send more detailed information on the consultations held with the social partners, and with representative organizations of and for persons with disabilities on the implementation of the national policy for persons with disabilities and its action plan. The Committee also requests the Government to keep it informed of developments regarding the setting up of the technical guidance and reclassification committees in the public and private sectors.

Article 8. Services accessible in rural areas and remote communities. The Government reiterates that the “Community rehabilitation programme” has been unable to resume its activities for lack of funding. However, it adds that this programme is used by certain non-governmental organizations (NGOs) and partner associations in the implementation of their activities. The Government explains that all the measures relating to vocational rehabilitation are set out in the draft decree concerning the technical guidance and reclassification committee for the private sector and that these measures will be reported to the Committee when the decree has been adopted. The Committee requests the Government to provide information in its next report on all progress made relating to the resumption of the activities of the “Community rehabilitation programme”. It also requests the Government to provide information on all developments regarding the adoption of the decree concerning the technical guidance and reclassification committee for the private sector. The Committee therefore once again requests the Government to specify the measures taken or contemplated to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training of suitably qualified staff. The Government indicates that although the national policy for persons with disabilities has not yet been adopted, it has made suitably qualified vocational rehabilitation staff available to persons with disabilities, including specialist educational staff, doctors specializing in physiotherapy and specialist teachers who are regularly trained by the National Institute of Social Training (INFS). The Committee requests the Government to supply detailed information on the measures taken to ensure that suitably qualified vocational rehabilitation staff are made available to persons with disabilities.