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

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2 and 3 of the Convention. Implementation of a national policy. In its previous comments, the Committee requested the Government to provide information on the review and implementation of the national policy on the vocational rehabilitation and employment of persons with disabilities. The Government indicates that the Ministry of Labour has, within the Equal Opportunities Directorate, a unit for persons with disabilities. The Committee notes that, on 3 December 2016, Decree No. 363-16 adopted the implementing regulations of the Basic Act on Disability (Act No. 5-13), and that both the unit for persons with disabilities and the National Employment Service (SENAE) are in the process of establishing mechanisms for these regulations. The Committee also notes that the Office of the First Lady of the Republic, since 2015, has been actively contributing to the formulation of policies for the comprehensive development of boys and girls with disabilities and that, along with other government bodies and civil institutions, within the framework of the Advisory Board for Childhood and Young Persons, proposals were formulated to improve the situation of this disadvantaged group and presented to the Comprehensive Care Centre for Disability (CAID). Regarding the application of the national policy for persons with disabilities, the Committee notes that the SENAE, in collaboration with the Ibero-American Network of Organizations for Persons with Physical Disabilities and with the support of the British Embassy, has provided training courses, within the framework of the project for the promotion of the rights of young people with disabilities to work in equal conditions, with a view to promoting the labour market integration of persons with disabilities in low-income neighbourhoods of Santo Domingo. The Government adds that the Vocational Workshop of Santo Domingo trains persons with disabilities in crafts. The Committee requests the Government to provide detailed information on the impact of Act No. 5-13 on the integration of persons with disabilities. It also requests the Government to provide statistical information, disaggregated by age and gender, on the impact of the programmes for persons with disabilities. Lastly, it requests the Government to communicate the results of the consultations held within the Advisory Board for Childhood and Young Persons and their practical outcome.

Article 5. Consultation with representative organizations of employers and workers. The Committee notes the Government’s reply indicating that, for the preparation of the Strategic Plan of the Equal Opportunities and Non-Discrimination in Work Directorate, three consultations were held with the social partners and that the proposals put forward during these consultations were considered when formulating the national employment policy for persons with disabilities. The Government also refers to the Tripartite Commission for Equal Opportunities and Non-discrimination, in which relevant issues concerning equality of opportunity in access to employment and continued employment are addressed. The Committee requests the Government to provide detailed information on the operation of the Tripartite Commission for Equal Opportunities and Non-discrimination, in particular on the action taken to promote the employment of persons with disabilities. It also requests the Government to continue providing information on the consultations held with the representative organizations of workers and employers and the organizations which represent persons with disabilities.

Article 8. Services in rural areas. The Committee once again requests the Government to provide information on the impact of the measures taken to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 2 and 3 of the Convention. Implementation of a national policy. The Committee notes the statistical information provided by the Government in its report on training and awareness-raising activities carried out for persons with disabilities in 2013–14, particularly activities carried out as part of programmes for the implementation of disability inclusion policies and inter-institutional links created with non-governmental organizations. The Government indicates that 15 persons were beneficiaries in 2013 and 28 in 2014. The Government also included information on activities carried out jointly by the National Employment Service (SENAE), the Ibero-American Network of Persons with Disabilities and the Foundation for the Welfare of Persons with Disabilities (PROBIEN) aimed at ensuring that persons with disabilities can benefit from the employment placement services proposed by SENAE. The Committee also notes with interest the adoption of Act No. 5–13 of 15 January 2013 concerning disabilities in the Dominican Republic, providing minimum quotas for persons with disabilities in the labour sphere, as well as tax deductions and exemptions. The Committee requests the Government to provide detailed information on the manner in which a national policy on the vocational rehabilitation and employment of persons with disabilities has been implemented and reviewed, describing the public policies and private initiatives designed to integrate such persons into the open labour market. The Committee also requests the Government to report on the impact of Act No. 5–13 in terms of the integration of persons with disabilities in the open labour market. The Committee further requests the Government to provide summaries of studies or evaluations on rehabilitation and employment policies and programmes designed for persons with disabilities.

Article 5. Consultation of representative organizations of employers and workers. The Committee notes the extension of the representation in the executive of the National Disability Council (CONADIS) laid down in Act No. 5–13, providing for the inclusion of representatives from associations of parents or guardians of persons with mental or intellectual disabilities, institutions of persons with multiple disabilities and an institution that groups together persons with various disabilities. The Committee requests the Government to provide information on the consultations with representative organizations of employers and workers required by the Convention.

Article 8. Services in rural areas. In reply to the Committee’s request, the Government indicates that Programme 13 promotes policies for the insertion in the labour market of persons in situations of vulnerability and the inclusion of persons with disabilities in rural areas. The Committee requests the Government to continue to supply information on the impact of the measures taken to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas.

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

Implementation of a national policy. The Committee notes the Government’s report received in October 2010, which indicates that among other initiatives the Department of Occupational Guidance of the National Employment Service (SENAE) organized 12 workshops for 233 persons with disabilities in Santo Domingo, in coordination with the Ibero-American Network of Persons with Disabilities. The Government includes a summary of the activities carried out by the Santo Domingo Training Workshop for Young Persons with Disabilities. The Committee refers to its previous comments and asks the Government to provide more detailed information in its next report on the manner in which the national policy on the vocational rehabilitation and employment of persons with disabilities has been formulated, implemented and reviewed, describing the public policies and private initiatives designed to integrate such persons into the open labour market (Articles 2 and 3 of the Convention). Please also provide detailed information on the consultations with the social partners and other interested organizations required by Article 5 of the Convention.

Article 8. Services in rural areas. The Committee requests the Government to include detailed information on the measures taken to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas.

Part V of the report form. The Committee invites the Government in its next report to provide practical and statistical information, disaggregated, as far as possible, by age and gender and taking into account the nature of the disability, along with extracts from reports, studies and enquiries on the subjects covered by the Convention.

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

Articles 2 and 3 of the Convention. The Committee notes the information contained in the Government’s report received in October 2005, in which it is indicated that 29 persons who participated in a training course for the deaf and dumb have been integrated into the labour market. The Government also attaches a copy of the inter-institutional collaboration agreement for the vocational training of young persons with disabilities, concluded in May 2004 by the Secretariat of State for Labour and the National Council for Disability, with the support of the Inter-American Development Bank. The Committee notes with interest the provisions of the new General Disability Act (No. 42-2000 of 29 June 2000). The Committee requests the Government to provide information in its next report on the results achieved by public policies and private initiatives designed to achieve the integration of persons with disabilities into the open labour market. Please also provide statistical data on the vocational integration of persons with disabilities in so far as possible, classified on the basis of gender, occupation and income.

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

Articles 2 and 3 of the Convention.  The Committee notes the information contained in the Government’s report. It notes with interest that the Government has held two workshops, in collaboration with the Office, to elaborate a strategy for rehabilitation and employment of persons with disabilities; and it has prepared a National Action Plan for Social and Economic Integration of Persons with Disabilities. The Committee would appreciate being kept informed of the outcome of these efforts.

Part V of the report form.  The Committee requests further information on steps taken or envisaged to develop a database on rehabilitation and employment, which would enable the Government to assess the effectiveness of its policies.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the Government's first and second reports on the application of the Convention, and in particular the adoption of Act No. 21 of 5 September 1991 establishing the National Council for Prevention and for the Rehabilitation, Education and Social Integration of Disabled Persons (CONAPREM), and of Decree No. 107 of 2 May 1995 which establishes the principle of equality of opportunity and treatment in employment for disabled persons. In its reports, the Government indicates that the General Employment Directorate and staff from the State Secretariat for Labour are taking all the necessary measures to develop vocational rehabilitation and employment services for disabled persons, in particular through training programmes developed by the National Institute for Technical Training and through the establishment of a department for the guidance, promotion and integration of disabled persons in the normal labour market. The Committee requests the Government to indicate in its next report any relevant developments in this area, and in particular to indicate the measures taken to give effect to Articles 7, 8 and 9 of the Convention. The Government is also asked to continue to provide information on the implementation of the national policy for the rehabilitation and employment of disabled persons laid down in particular by the CONAPREM. In this regard the Committee notes that section 3 of Act No. 21/91 establishing the above-mentioned National Council provides for the participation in the Council of representative organizations made up of or dealing with the interests of disabled persons. The Committee would be grateful if the Government would indicate the manner in which employers' and workers' representative organizations participate in the work of the Council or are consulted, in accordance with Article 5 of the Convention, on the implementation of the national policy. Lastly, the Committee requests the Government to provide information on the application in practice of the Convention and for that purposes refers it to point 5 of the report form.