Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Dominican Republic (Ratification: 1994)

The Committee notes the observations of the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Dominican Workers (CNTD) and the National Confederation of Trade Union Unity (CNUS), received on 1 September 2021. The Committee requests the Government to send its reply in this regard.

Articles 2 and 3 of the Convention. Implementation of the national policy. The Committee notes the information supplied by the Government on the measures taken to promote fulfilment of the 2 per cent quota for hiring persons with disabilities established for the private sector by Act No. 5-13 on disability. In this regard, the Government refers to the modification of the “integrated labour registration system” (SIRLA) in order to identify persons with disabilities who have been hired and to monitor compliance with the indicated quota. The Government also refers to the implementation of awareness-raising measures regarding disability and labour inclusivity for territorial employment offices (OTEs) and labour inspectors, and also to the advice given to enterprises by the National Council on Disability (CONADIS). The Committee also notes the initiatives to promote self-employment among persons with disabilities implemented by CONADIS in collaboration with various public institutions. In particular, the Government indicates that training has been given to persons with disabilities on the use of social networks as a platform for the sale of their products and on sales techniques, and “travelling bazaars” have been held in public institutions where their products are marketed. However, the Committee notes that the Government does not provide any statistical information or other specific information on the impact of Act No. 5-13 on the integration of persons with disabilities, including the quota system, and on the various programmes established to promote the employment of persons with disabilities.

With regard to accessibility, the Government indicates that, through the “national system for the evaluation of accessibility” (SINAC), enterprises can carry out evaluations of accessibility of their spaces and services, and the general public can rate the accessibility of spaces and services already registered in SINAC. As regards access to education and vocational training, CONADIS, in conjunction with the Institute for Vocational and Technical Training (INFOTEP) and various universities in the country, coordinates activities to ensure the inclusivity of offers in vocational and technical training and in higher education, and grants bursaries to students with disabilities to promote their participation in degree- and intermediate-level education. The Government also refers to the obligation to provide reasonable adjustments in educational centres and institutions established in Act No. 5-13 on disability. The Government further reports the adoption of measures to facilitate the access of persons with disabilities to public services, such as access to various social security benefits. Lastly, the Government describes the implementation of measures to raise awareness of discrimination against persons with disabilities, such as the Sello RD Incluye (Dominican Republic inclusivity seal) programme in collaboration with the United Nations Development Programme (UNDP). The objective of the programme is to promote and raise the profile of actions by public and private institutions, non-profit organizations and international organizations aimed at fostering full inclusion, development and the quality of life of persons with disabilities. The Government states that between 2017 and 2019 a total of 113 institutions in various spheres, including labour and education, were the recipients of this award. In this context, the Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122), in which it notes the implementation of the Escuela Taller (workshop as school) programme. This programme provides occupational training for young persons in situations of vulnerability, including young persons with disabilities. The Government indicates that between January and June 2021, a total of 92 young persons participated, of whom 22 had some kind of disability. With regard to the proposals made with respect to policies aimed at the comprehensive development of boys and girls with disabilities in the context of the Advisory Committee on Children and Young Persons, the Government indicates that it will provide information on this subject once the corresponding reports are concluded with the executive information. The Committee notes the observations of the workers’ confederations, which assert that although specific measures to promote the employment of persons with disabilities are being implemented, there is no comprehensive policy in this regard. In addition, they point out that there are still many public and private institutions which do not comply with the legislation concerning the rights of persons with disabilities or the recommendations of CONADIS owing to the lack of awareness-raising and education of society on the subject of disability. In light of the observations of the workers’ organizations, the Committee requests the Government to adopt and implement the necessary measures to formulate and implement a national policy on vocational rehabilitation and employment of persons with disabilities, as required by Article 2 of the Convention. The Committee once requests the Government to provide statistical information, disaggregated by age and sex, on the impact of Act No. 5-13 on the integration of persons with disabilities in employment, including the implementation of the quota system in the public and private sectors. The Committee also requests the Government to send detailed, up-to-date information on the nature and impact of the measures taken or contemplated to promote employment opportunities for persons with disabilities, including persons with mental or intellectual disabilities, in the open labour market, in both the public and private sectors. The Committee further requests the Government to provide statistical information on the participation of persons with disabilities in the labour market, disaggregated by sex, level of education and type of disability.

Article 5. Consultations with representative employers’ and workers’ organizations. The Committee notes that the Government reports on the holding of tripartite consultations as part of the process of preparation of the new National Employment Plan, which provides for the inclusion of a strategic policy approach for the labour integration of persons with disabilities. The Government also indicates that it is working in coordination with various sectoral committees in which representatives of civil society and of workers’ organizations participate with a view to improving the inclusion of persons with disabilities, particularly women with disabilities. However, the Committee notes that the Government does not provide any information on the functioning or the impact of the Tripartite Commission for Equal Opportunities and Non-Discrimination with respect to employment promotion for persons with disabilities and equal opportunities and treatment for men and women with disabilities. The Government also does not provide any information on the holding of consultations with organizations that represent persons with disabilities. The Committee requests the Government to provide detailed, up-to-date information on the content and result of the consultations held with the social partners and organizations representing persons with disabilities regarding the implementation of vocational guidance and employment promotion measures for persons with disabilities. The Committee also requests the Government to provide detailed, up-to-date information on the activities of the Tripartite Commission for Equal Opportunities and Non-Discrimination and their impact.

Article 8. Services in rural areas. The Committee notes the information provided by the Government on the measures taken by the Social Policy Coordination Office (GCPS) in collaboration with CONADIS to provide services in rural areas. These include labour and employment training programmes through community technological centres (CTCs) and training and production centres (CCPs) at the national level, and also measures to promote entrepreneurship at business centres located in universities throughout the country. The Committee also notes the initiatives by the GCPS to eliminate physical and attitudinal obstacles toward persons with disabilities at the level of the centres in the communities where they live with a view to facilitating access to formal employment. The Government also refers to the linkage of measures for awareness-raising, training for employment and labour integration by non-profit organizations in various communities, such as the Dominican Rehabilitation Association, the Circle of Women with Disabilities (CIMUDIS) and the Ibero-American Network of Organizations for Persons with Physical Disabilities. However, the Committee notes that the Government does not provide any information on the impact of such measures in practice. The Committee requests the Government to send detailed, up-to-date information on the nature and impact of the measures taken or envisaged to promote non-discrimination, accessibility, and the establishment and development of vocational rehabilitation and employment services for persons with disabilities, both in rural areas and in remote communities in the country.