Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Yemen (Ratification: 1991)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 3 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. Promotion of employment opportunities for persons with disabilities. The Committee notes the information provided by the Government in reply to its previous comments indicating that the National Strategy on Persons with Disabilities was adopted by the Council of Ministers (Order No. 28 of 2014). The Government underlines that all the political forces in the country succeeded in convening the Comprehensive National Dialogue Conference, which deliberated from March 2013 to January 2014. The Committee takes note of the recommendations made by the Conference’s Working Group on Rights and Freedoms with regard to the establishment of vocational, technical and rehabilitation centres for persons with disabilities; the State’s commitment to the right of persons with disabilities to social solidarity in all aspects of life; and the obligation to recognize the right to persons with disabilities to participate in political life and assume public positions, including decision-making ones. The Committee is aware of the major difficulties the country is currently facing and it hopes that the Government will soon be in a position to provide information on the progress made concerning the implementation of a national policy to promote employment for persons with disabilities.

Article 4. Equality of opportunity. The Committee once again invites the Government to describe the special affirmative measures taken to guarantee effective equality of opportunity and treatment between workers with disabilities and other workers.

Article 5. Consultations with social partners. In its previous report, the Government indicated that a committee composed of representatives of the Ministry of Labour, the Fund for the Rehabilitation and Welfare of Persons with Disabilities and the National Union of Associations of Persons with Disabilities had been established. The Committee requests the Government to indicate the manner in which representative employers’ and workers’ organizations, and representative organizations of and for persons with disabilities, are consulted on the matters covered by the Convention.

Articles 7 and 9. Vocational guidance and training services. Training of suitably qualified staff. In its previous report, the Government indicated that it had established centres and institutions to provide training for persons with disabilities and trainers had been made available to them in various fields. The Committee invites the Government to provide information on the activities of the vocational guidance, vocational training, placement and employment services intended to enable persons with disabilities to secure, retain and advance in employment. Please also describe the measures adopted to ensure the availability to persons with disabilities of suitably qualified vocational rehabilitation staff.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 3 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. Promotion of employment opportunities for persons with disabilities. The Committee notes the information provided by the Government in reply to its previous comments indicating that the National Strategy on Persons with Disabilities was adopted by the Council of Ministers (Order No. 28 of 2014). The Government underlines that all the political forces in the country succeeded in convening the Comprehensive National Dialogue Conference, which deliberated from March 2013 to January 2014. The Committee takes note of the recommendations made by the Conference’s Working Group on Rights and Freedoms with regard to the establishment of vocational, technical and rehabilitation centres for persons with disabilities; the State’s commitment to the right of persons with disabilities to social solidarity in all aspects of life; and the obligation to recognize the right to persons with disabilities to participate in political life and assume public positions, including decision-making ones.The Committee is aware of the major difficulties the country is currently facing and it hopes that the Government will soon be in a position to provide information on the progress made concerning the implementation of a national policy to promote employment for persons with disabilities.

Article 4. Equality of opportunity. The Committee once again invites the Government to describe the special affirmative measures taken to guarantee effective equality of opportunity and treatment between workers with disabilities and other workers.

Article 5. Consultations with social partners. In its previous report, the Government indicated that a committee composed of representatives of the Ministry of Labour, the Fund for the Rehabilitation and Welfare of Persons with Disabilities and the National Union of Associations of Persons with Disabilities had been established.The Committee requests the Government to indicate the manner in which representative employers’ and workers’ organizations, and representative organizations of and for persons with disabilities, are consulted on the matters covered by the Convention.

Articles 7 and 9. Vocational guidance and training services. Training of suitably qualified staff. In its previous report, the Government indicated that it had established centres and institutions to provide training for persons with disabilities and trainers had been made available to them in various fields.The Committee invites the Government to provide information on the activities of the vocational guidance, vocational training, placement and employment services intended to enable persons with disabilities to secure, retain and advance in employment. Please also describe the measures adopted to ensure the availability to persons with disabilities of suitably qualified vocational rehabilitation staff.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 2 and 3 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. Promotion of employment opportunities for persons with disabilities. The Committee notes the information provided by the Government in reply to its previous comments indicating that the National Strategy on Persons with Disabilities was adopted by the Council of Ministers (Order No. 28 of 2014). The Government underlines that all the political forces in the country succeeded in convening the Comprehensive National Dialogue Conference, which deliberated from March 2013 to January 2014. The Committee takes note of the recommendations made by the Conference’s Working Group on Rights and Freedoms with regard to the establishment of vocational, technical and rehabilitation centres for persons with disabilities; the State’s commitment to the right of persons with disabilities to social solidarity in all aspects of life; and the obligation to recognize the right to persons with disabilities to participate in political life and assume public positions, including decision-making ones. The Committee is aware of the major difficulties the country is currently facing and it hopes that the Government will soon be in a position to provide information on the progress made concerning the implementation of a national policy to promote employment for persons with disabilities.

Article 4. Equality of opportunity. The Committee once again invites the Government to describe the special affirmative measures taken to guarantee effective equality of opportunity and treatment between workers with disabilities and other workers.

Article 5. Consultations with social partners. In its previous report, the Government indicated that a committee composed of representatives of the Ministry of Labour, the Fund for the Rehabilitation and Welfare of Persons with Disabilities and the National Union of Associations of Persons with Disabilities had been established. The Committee requests the Government to indicate the manner in which representative employers’ and workers’ organizations, and representative organizations of and for persons with disabilities, are consulted on the matters covered by the Convention.

Articles 7 and 9. Vocational guidance and training services. Training of suitably qualified staff. In its previous report, the Government indicated that it had established centres and institutions to provide training for persons with disabilities and trainers had been made available to them in various fields. The Committee invites the Government to provide information on the activities of the vocational guidance, vocational training, placement and employment services intended to enable persons with disabilities to secure, retain and advance in employment. Please also describe the measures adopted to ensure the availability to persons with disabilities of suitably qualified vocational rehabilitation staff.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. In reply to the 2008 direct request, the Government indicates in its report received in August 2009 that the national strategy for persons with disabilities has not yet been adopted. The Government adds that, following the adoption of Act No. 2 of 2002 establishing a Fund for the Rehabilitation and Welfare of Persons with Disabilities, progress has been achieved in this respect, particularly with the establishment of the National Union of Associations of Persons with Disabilities, which coordinates the action undertaken between the Fund and the ministries responsible for employment with a view to offering employment opportunities to persons with disabilities. The Committee invites the Government to provide information in its next report on the progress achieved in the implementation of a national strategy for persons with disabilities. Please also include statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Article 3. Promotion of employment opportunities for persons with disabilities. The Government indicates that the National Union of Associations of Persons with Disabilities is responsible for coordination between the Ministry of the Civil Service and the Ministry of Justice with a view to facilitating the recruitment of qualified persons with disabilities into the administration and the public, mixed and private sectors. It also provides training in various fields in establishments financed by the Fund for the Rehabilitation and Welfare of Persons with Disabilities. The Committee invites the Government to further describe the measures adopted with a view to promoting employment opportunities on the labour market for persons with disabilities, with an indication of: (i) the manner in which compliance is ensured in practice with the compulsory employment quota for persons with disabilities in public, private and mixed institutions; and (ii) the manner in which access to vocational rehabilitation measures is guaranteed for all categories of persons with disabilities.

Article 4. Equality of opportunity. The Committee notes the Government’s reply that article 24 of the Constitution guarantees equality of opportunity for all citizens at the political, economic, social and cultural levels. The Committee invites the Government to provide additional information on the special affirmative measures taken to guarantee effective equality of opportunity and treatment between disabled workers and other workers, as well as the initiatives adopted or envisaged to ensure that effect is given to these measures, together with statistical data on the employment of persons with disabilities, disaggregated as much as possible by age, sex and the nature of the disability.

Article 5. Consultations with social partners. The Committee notes that the Government has ratified the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol. The Government indicates that a committee composed of representatives of the Ministry of Labour, the Fund for the Rehabilitation and Welfare of Persons with Disabilities and the National Union of Associations of Persons with Disabilities has been established to review and compare Convention No. 159 with national legislation respecting disability; propose amendments in conformity with the Convention; and undertake consultations with representatives of persons with disabilities, the Government and the Fund. The Committee requests the Government to indicate in its next report the manner in which the social partners are also consulted in ensuring the implementation of the Convention.

Article 7. Vocational guidance and training services.  The Committee invites the Government to provide detailed information in its next report on the activities of the vocational guidance, vocational training, placement and employment services intended to enable persons with disabilities to secure, retain and advance in employment.

Article 9. Training of suitably qualified staff. The Government indicates that, through the Fund, it has established centres and institutions to provide training for persons with disabilities and that trainers have been made available to them in various fields, such as the learning of Braille for the blind, training in sign language and computer skills. The Committee invites the Government to further describe the measures adopted to ensure the availability to persons with disabilities of suitably qualified vocational rehabilitation staff.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

1. Articles 2 and 7 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s report received in November 2007 containing certain information required following the ratification of the Convention. It notes that a national strategy for persons with disabilities has been formulated setting out policies, the means for their implementation, and regular review which will soon be adopted by the Council of Ministers. In this respect, the Committee requests the Government to indicate in its next report whether the national strategy for persons with disabilities has been adopted in practice and, if so, to specify the content of the policies, their implementation and regular review. Please provide information on the practical measures adopted or envisaged with a view to ensuring vocational guidance and training, placement and employment services to enable persons with disabilities to secure, retain and advance in employment, and on the necessary adaptations of such services.

2. Article 3. Promotion of the employment opportunities of persons with disabilities. The Government indicates that the Law on the Public Service and the Labour Code establish the obligation to reserve 5 per cent of jobs for persons with disabilities in both public sector institutions and private and mixed establishments. The Committee requests the Government to provide information in its next report on: (i) the manner in which compliance is ensured in practice with the compulsory quota of jobs for persons with disabilities in public, private and mixed establishments; (ii) the other measures adopted or envisaged to promote employment opportunities for persons with disabilities on the open labour market; and (iii) the manner in which access to vocational rehabilitation measures is guaranteed for all categories of persons with disabilities.

3. Article 4. Equality of opportunity. The Government refers in its report to articles 41, 25 and 125 of the Constitution of the Republic of Yemen respecting equality of citizens and freedom of choice of employment. The Committee requests the Government to provide information on any other measures adopted or envisaged with a view to ensuring effective equality of opportunity and treatment between men and women workers with disabilities and other workers.

4. Article 5. Consultation of representative organizations. The Government indicates that there are a number of specialized associations for persons with disabilities in most of the governorates of the Republic of Yemen, and that a National Union of Persons with Disabilities coordinates the work of the various institutions responsible for assistance and rehabilitation of persons with disabilities. The Government adds that the National Union and the Federation of Chambers of Commerce and Industry are members of the administrative board of the Fund for the Rehabilitation and Well-being of Persons with Disabilities. The Committee requests the Government to indicate in its next report: (i) the purpose, arrangements and periodicity of consultations held in the administrative board of the Fund for the Rehabilitation and Well-being of Persons with Disabilities; and (ii) the manner in which representative workers’ organizations are consulted on the implementation of the national policy on vocational rehabilitation and employment of persons with disabilities.

5. Article 9. Training and availability of rehabilitation counsellors and qualified staff for persons with disabilities. The Government indicates that it is endeavouring, through the Department for Social Rehabilitation in the Ministry of Social Affairs and Labour and in collaboration with the Fund for the Rehabilitation and Well-being of Persons with Disabilities, to suitably train qualified staff to address issues relating to employment and the vocational rehabilitation of persons with disabilities. The Committee requests the Government to indicate in its next report the measures adopted to ensure that suitably qualified staff for vocational rehabilitation are made available to deal with persons with disabilities.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

In its previous direct requests, the Committee indicated that it had not been able to undertake an analysis of the application of the Convention because none of the legislation mentioned in the Government’s reports was provided and was unavailable in the Office. In a report received in October 2005, sent in reply to the direct request of 2004, the Government referred to the following texts:

–      Disabled Care and Qualification Law No. 61 of 1999;

–      Disabled Welfare and Qualification Fund Law No. 2 of 2002; and

–      Executive by-laws for both laws.

By its communication despatched on 16 February 2006, the Office informed the Government that the enclosures had not been received.

The Committee notes with regret that the copies of the legislative texts by which the Government intends to apply the Convention have not yet been made available and again requests the Government to provide copies of the above texts. It would appreciate receiving copies of any regulations relating to the matters covered by the Convention and information on policies and programmes implemented in accordance with this legislation that may be relevant, including statistical information on the application of the Convention in practice (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2000 direct request, which read as follows:

The Committee notes the information contained in the first and second reports submitted by the Government. The Committee has not been able to undertake an analysis of the application of the Convention because none of the legislation mentioned in the Government’s reports was provided and is unavailable in the Office. Please send copies of the following:

-  Order No. 147 (1990) to establish a Strategy for Care and Rehabilitation of the Disabled;

-  Order No. 5 (1991) establishing the Supreme National Committee for the Disabled;

-  Presidential Order No. 9 (1991) establishing a fund for the care of the disabled;

-  the Act for care of the disabled, if adopted, or the draft with an indication of when the text will be adopted.

In addition, the Committee would appreciate receiving copies of any regulations relating to the above legislation, any additional information on policies and programmes implemented in accordance with this legislation that may be relevant, and any statistical information on the application of the Convention in practice (Part V of the report form).

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the first and second reports submitted by the Government. The Committee has not been able to undertake an analysis of the application of the Convention because none of the legislation mentioned in the Government’s reports was provided and is unavailable in the Office. Please send copies of the following:

-  Order No. 147 (1990) to establish a Strategy for Care and Rehabilitation of the Disabled;

-  Order No. 5 (1991) establishing the Supreme National Committee for the Disabled;

-  Presidential Order No. 9 (1991) establishing a fund for the care of the disabled;

-  the Act for care of the disabled, if adopted, or the draft with an indication of when the text will be adopted.

In addition, the Committee would appreciate receiving copies of any regulations relating to the above legislation, any additional information on policies and programmes implemented in accordance with this legislation that may be relevant, and any statistical information on the application of the Convention in practice (Part V of the report form).