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

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

Articles 2 and 3 of the Convention. Implementation of a policy of vocational rehabilitation and employment for persons with disabilities. The Government describes in its report the measures adopted for the eradication of discriminatory practices in the public service, the action taken within the framework of the National Vocational Training and Skills System (SINAFOCAL) and the labour integration initiatives of various civil society organizations. The Committee notes the establishment of the National Secretariat for the Human Rights of Persons with Disabilities (SENADIS), under the terms of Act No. 4720/12 of 4 October 2012. The Committee also notes with interest Act No. 4962/13 of 31 July 2013 which establishes, in addition to recruitment incentives, the requirement for employers benefiting from such incentives to adopt relevant measures to ensure access for persons with disabilities under the same conditions as other workers. According to the data provided by the Secretariat of the Public Service (SFP), as of 13 June 2014, a total of 1,816 persons with disabilities had been recruited into state employment. State institutions which do not yet have the required percentage of employees with disabilities have issued calls for public competitions for persons with disabilities. The Committee requests the Government to continue providing information on the impact of the measures adopted to promote employment opportunities for persons with disabilities in the open labour market, in both the public and private sectors. Please also provide relevant data and statistics disaggregated, in so far as possible, by age, gender and type of disability, and extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Article 5. Consultation of representative organizations of employers and workers. The Government indicates that, for all matters relating to disability, work has been undertaken jointly by the State and civil society organizations of and for persons with disabilities. Act No. 4720/12 and its implementing regulations (Decree No. 10515 of 16 January 2013) provide for the participation of civil society organizations of and for persons with disabilities in the National Commission on the Rights of Persons with Disabilities (CONADIS). The Government adds that an inter-institutional round table has been established to promote the effective employment integration of persons with disabilities, and that it is of an advisory nature and is coordinated by SENADIS. The Committee requests the Government to provide information on the consultations held with the representative organizations of employers and workers, as required by the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. Implementation of vocational rehabilitation and employment policies for persons with disabilities. The Committee notes the Government’s report received in September 2009, which includes the provisions of Act No. 3585 of August 2008. The new provisions raise the percentage of persons with disabilities to be recruited as officials in all public administration bodies from 2 to 5 per cent, reduce from 40 to 33 per cent the minimum degree of disability required in respect of candidates, increase the penalties for failure to comply with the provisions and provide that doubts concerning the interpretation of the legal texts should be resolved in favour of persons with disabilities. Other activities carried out in the context of the development and implementation of a national policy on the vocational rehabilitation and employment of persons with disabilities include the monitoring by the authorities of compliance with Act No. 2479 of 2004 as amended by Act No. 3585 of 2008, the creation of an inter-institutional committee in February 2009, the establishment of commitments with the National Vocational Promotion Service and the signing of an inter-institutional agreement between the Ministry of Public Health and Social Welfare and the Public Service Secretariat, which includes a clause on the integration of persons with disabilities. The Committee encourages the Government to continue providing information on the progress made in implementing Act No. 3585 of 2008, as well as on the establishment of a national plan on the vocational rehabilitation and employment of persons with disabilities which takes into account all the provisions of the Convention. In particular, please include information on the achievement of the quotas established by Act No. 3585 of 2008 by public institutions on all levels.

2. Consultation of the social partners. The Government has provided information on the initiatives implemented with regard to the social partners and the private sector in the context of the National Institute for the Protection of Persons with Special Needs (INPRO) and the inter-institutional committee which is drafting the regulations under Act No. 2479 of 2004 as amended by Act No. 3585 of 2008. These include awareness-raising measures, the signing of mutual cooperation agreements between INPRO and civil society organizations, the organization of tripartite consultations involving civil society, and the preparation of a Bill to create incentives in the private sector for the employment of persons with disabilities, which includes tax adjustment measures. The Committee requests the Government to include information in its next report on the consultations held with the social partners and with representative organizations of and for persons with disabilities. Please also provide information on the progress made in adopting and implementing the Bill on the creation of incentives in the private sector for the employment of persons with disabilities (Article 5 of the Convention).

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

The Committee notes the Government’s report received in March 2006 containing information on the adoption of Act No. 2479 of 2004, which makes it compulsory to hire persons with disabilities in public institutions with 50 or more administrative officials. Such institutions are called upon to employ 2 per cent of persons with disabilities among their administrative officials. The beneficiaries of these measures are those with a minimum level of disability of 40 per cent, as certified by the National Institute for the Protection of Persons with Special Needs (INPRO). The Government once again indicates in its report that there is no national plan or policy on vocational rehabilitation to promote the employment opportunities of persons with disabilities on the open labour market. The INPRO has only issued 211 disability certificates, and reliable statistics are not available for examination. In these circumstances, the Committee encourages the Government to give priority to the adoption of all the necessary measures for the establishment of a national rehabilitation and employment plan which takes fully into account all the provisions of the Convention. It also recalls that Article 5 of the Convention requires consultations with the representative organizations of employers and workers and of persons with disabilities. The Committee requests the Government to provide detailed information in its next report, which is due in 2009, on the action taken to give effect to Act No. 2479 and to make progress in practice in the application of this Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 Government’s report, in particular that no national rehabilitation plan exists. It also notes the highly critical independent evaluation of the National Institute for the Protection of Disabled Persons (INPRO), which found the following: INPRO is not efficient; it has no administrative manuals or system of internal control; it lacks a vision, mission and goals; and it does not have a strategic plan or indicators of effectiveness. The Government cites the absence of a national plan as the reason Articles 2, 3, 7 and 8 of the Convention remain largely unapplied. The Committee urges the Government to take all necessary measures in the near future to adopt a comprehensive national plan for rehabilitation and employment, which takes fully into account all of the provisions of the Convention. It also recalls that Article 5 requires consultation with representative organizations of employers, workers and persons with disabilities, and again requests information on the measures taken to give effect to this important provision of the Convention.

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 Government’s report, in particular that no national rehabilitation plan exists. It also notes the highly critical independent evaluation of the National Institute for the Protection of Disabled Persons (INPRO), which found the following: INPRO is not efficient; it has no administrative manuals or system of internal control; it lacks a vision, mission and goals; and it does not have a strategic plan or indicators of effectiveness. The Government cites the absence of a national plan as the reason Articles 2, 3, 7 and 8 of the Convention remain largely unapplied. The Committee urges the Government to take all necessary measures in the near future to adopt a comprehensive national plan for rehabilitation and employment, which takes fully into account all of the provisions of the Convention. It also recalls that Article 5 requires consultation with representative organizations of employers, workers and persons with disabilities, and again requests information on the measures taken to give effect to this important provision of the Convention.

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

The Committee notes the information contained in the Government’s report, in particular that no national rehabilitation plan exists. It also notes the highly critical independent evaluation of the National Institute for the Protection of Disabled Persons (INPRO), which found the following: INPRO is not efficient; it has no administrative manuals or system of internal control; it lacks a vision, mission and goals; and it does not have a strategic plan or indicators of effectiveness.  The Government cites the absence of a national plan as the reason Articles 2, 3, 7 and 8 of the Convention remain largely unapplied. The Committee urges the Government to take all necessary measures in the near future to adopt a comprehensive national plan for rehabilitation and employment, which takes fully into account all of the provisions of the Convention. It also recalls that Article 5 requires consultation with representative organizations of employers, workers and persons with disabilities, and again requests information on the measures taken to give effect to this important provision of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Article 2 of the Convention. The Committee notes the Government's indication in the report concerning the elaboration by the National Institute for the Protection of Disabled Persons (INPRO) of a draft National Plan for disabled persons which will be brought for consideration to all public and private institutions concerned and to all interested persons in general. It would be grateful if the Government would provide more detailed information about the elaboration of the draft National Plan and asks the Government to supply its text as soon as it is adopted. Please continue to provide information on the implementation and periodic revision of the national policy on vocational rehabilitation and employment of disabled persons, in accordance with this Article.

Article 3. The Committee notes that among the functions of the INPRO provided for in Act No. 780 of 1979 on the establishment of this organization there are those concerning the procurement of placement to disabled persons both in the public administration and in the private sector (section 9(j)) and the promotion of legislation relating to tax privileges in favour of employers who provide employment for the disabled (section 11(d)). It would be grateful if the Government would describe in more detail the above-mentioned functions of the INPRO and their implementation in practice. Please describe any other measures taken or envisaged in order to promote employment opportunities for disabled persons in the open labour market.

Article 5. Please describe the manner in which representative employers' and workers' organizations, and representative organizations of and for disabled persons, are consulted on the implementation of the national policy on vocational rehabilitation and employment of disabled persons, in accordance with this Article.

Article 7. The Committee notes the provisions of Chapter III of Act No. 780 referred to above, according to which the INPRO shall provide rehabilitation, employment and other related services to disabled persons, as well as the provisions of Chapter IV of the same Act concerning the establishment within the framework of the INPRO of various centres and services for the disabled which shall function under regulations issued by the INPRO. It would be grateful if the Government would describe in more detail the services established to provide vocational guidance, vocational training, placement and employment for disabled persons. Please also supply a copy of the regulations governing these services referred to above.

Article 8. The Government indicates in its report that the INPRO has adopted a strategy of decentralization with three levels of operation, of which the first is community-based rehabilitation. Please describe measures taken or envisaged in order to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities.

Article 9. The Committee notes the provision of section 9(l) of Act No. 780, according to which the INPRO shall perform and promote training of specialized staff. Please indicate the measures taken by the INPRO to ensure the availability of suitably qualified vocational rehabilitation staff, in accordance with this Article and the provision of the national legislation referred to above.

Point V of the report form. Please provide information on the practical application of the Convention, including for example statistics, extracts from reports, studies and inquiries, concerning the matters covered by the Convention (for example, with respect to particular areas or branches of activity or particular categories of disabled workers).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government in its first report on the application of the Convention. It would be grateful if, in its next report, the Government would supply additional information on the following points:

Article 2 of the Convention. The Committee notes the Government's indication in the report concerning the elaboration by the National Institute for the Protection of Disabled Persons (INPRO) of a draft National Plan for disabled persons which will be brought for consideration to all public and private institutions concerned and to all interested persons in general. It would be grateful if the Government would provide more detailed information about the elaboration of the draft National Plan and asks the Government to supply its text as soon as it is adopted. Please continue to provide information on the implementation and periodic revision of the national policy on vocational rehabilitation and employment of disabled persons, in accordance with this Article.

Article 3. The Committee notes that among the functions of the INPRO provided for in Act No. 780 of 1979 on the establishment of this organization there are those concerning the procurement of placement to disabled persons both in the public administration and in the private sector (section 9 (j)) and the promotion of legislation relating to tax privileges in favour of employers who provide employment for the disabled (section 11 d). It would be grateful if the Government would describe in more detail the above-mentioned functions of the INPRO and their implementation in practice. Please describe any other measures taken or envisaged in order to promote employment opportunities for disabled persons in the open labour market.

Article 5. Please describe the manner in which representative employers' and workers' organizations, and representative organizations of and for disabled persons, are consulted on the implementation of the national policy on vocational rehabilitation and employment of disabled persons, in accordance with this Article.

Article 7. The Committee notes the provisions of Chapter III of Act No. 780 referred to above, according to which the INPRO shall provide rehabilitation, employment and other related services to disabled persons, as well as the provisions of Chapter IV of the same Act concerning the establishment within the framework of the INPRO of various centres and services for the disabled which shall function under regulations issued by the INPRO. It would be grateful if the Government would describe in more detail the services established to provide vocational guidance, vocational training, placement and employment for disabled persons. Please also supply copy of regulations governing these services referred to above.

Article 8. The Government indicates in its report that the INPRO has adopted a strategy of decentralization with three levels of operation, of which the first is the community-based rehabilitation. Please describe measures taken or envisaged in order to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities.

Article 9. The Committee notes the provision of section 9 l) of Act No. 780, according to which the INPRO shall perform and promote training of specialized staff. Please indicate the measures taken by the INPRO to ensure the availability of suitably qualified vocational rehabilitation staff, in accordance with this Article and the provision of the national legislation referred to above.

Point V of the report form. Please provide information on the practical application of the Convention, including for example statistics, extracts from reports, studies and inquiries, concerning the matters covered by the Convention (for example, with respect to particular areas or branches of activity or particular categories of disabled workers).