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The Committee notes the Government’s report received in March 2010. It also appreciates the ongoing contribution of information and views by the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Turkish Confederation of Employer Associations (TİŞK) on the application of the Convention. TÜRK-İŞ indicates that the ratification by Turkey of the UN Convention on the Rights of Persons with Disabilities and the signing of its Optional Protocol in September 2009 represent a very important development.
Promotion of employment for persons with disabilities. The Committee notes the detailed information provided by the Government on legislation in force regarding the promotion of employment and vocational rehabilitation for persons with disabilities. It further reports that in 2008 the Turkish Employment Agency (IŞKUR) provided 273 courses for 3,582 persons with disabilities. In Izmir, 100 persons with disabilities were employed as a result of the “Project of Strengthening Institutional Structure of IŞKUR, A Developed Employment Strategy on Vocational Rehabilitation for Disabled Persons”, carried out between 2007 and 2008. The Government indicates that the High Council of Disabled Persons is in charge of defining national policies on subjects within the responsibility of the Administration for Persons with Disabilities. Furthermore, organizations of persons with disabilities are represented within the provincial employment and vocational training boards which are in charge of formulating respective policies. In this regard, the Government specifies that the Action Plan for the Employment of Persons with Disabilities 2005–10, aims at increasing the efficiency of provincial employment boards regarding the employment of persons with disabilities and that these boards should ensure that persons with disabilities participate in the open labour market. TİŞK reports that work is continuing under the “Project for Vocational Rehabilitation of the Disabled, a Full-Fledged Employment Policy and Action to Strengthen IŞKUR as an Institution”, which is carried out by IŞKUR in collaboration with the social partners. TÜRK-İŞ indicates that as of April 2009, 109,645 persons with disabilities were unemployed. The total number of persons with disabilities employed in the public and private sectors amounted to 65,983. The number of persons with disabilities employed in the public sector was gradually decreasing due to privatization, whereas those employed in the private sector increased. Nonetheless, an open quota of 22,986 persons with disabilities was still waiting for placement in March 2009. The Committee invites the Government to provide detailed information on the impact of the Action Plan for the Employment of Persons with Disabilities 2005–10 and on the measures taken to promote the employment of persons with disabilities in the open labour market, disaggregated, as much as possible, by age, sex and the nature of the disability, providing specific data by public and private sector (Articles 3 and 4 of the Convention). The Government is further requested to supply information on consultations held within the High Council for Persons with Disabilities and the employment and vocational training boards with regard to the adoption and implementation of a policy and measures to promote the employment of persons with disabilities.
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 up to date information on the application of the Convention, particularly in reply to the points raised in the Committee’s 2004 direct request, which referred to the following matters.
Promotion of employment for persons with disabilities in the private and public sectors. The Confederation of Turkish Trade Unions (TÜRK-İŞ) indicates in its comments received in September 2009 that, according to the data made available by the Turkish Employment Agency (IŞKUR), as of April 2009, 109,645 persons with disabilities were unemployed. The total number of persons with disabilities employed in the public and private sectors amounted to 65,983. The number of persons with disabilities employed in the public sector was gradually decreasing due to privatization, whereas those employed in the private sector increased. Nonetheless, an open quota of 22,986 persons with disabilities was still waiting for placement. The Committee notes, from the information included in the Government’s report received in November 2008 on the application of the Employment Policy Convention, 1964 (No. 122), that the employment package adopted by the Government in 2008 (Labour Act No. 5763) provided for financial incentives covering social security contributions paid by employers who hired persons with disabilities beyond the 3 per cent rate established for enterprises with 50 or more workers. The Committee invites the Government to provide detailed information on the measures adopted to promote the employment of persons with disabilities, particularly in the public sector (Articles 3 and 4). Furthermore, the Committee invites the Government to include, in its next report, its own observations on the points raised by the TÜRK-İŞ.
[The Government is asked to reply in detail to the present comments in 2010.]
1. The Committee notes the detailed information and the statistical data provided by the Government in its report for the period ending in May 2004. It invites the Government to provide additional information on the following points.
2. Vocational rehabilitation of disabled persons. The Government indicates in particular that, thanks to the Turkish Employment Agency (ISKUR), which is responsible for the vocational rehabilitation of disabled persons, the Ankara Vocational Rehabilitation Centre has enabled 48 disabled persons to benefit from four training programmes over a period of six months and, thanks to the cooperation of this agency with various institutions at national level, a total of 7,397 disabled persons have benefited from 490 specific programmes. The Government mentions the setting up of two new vocational rehabilitation centres in 2005 (in Kavacik and Sakarya Arifiye). The Committee asks the Government to continue to provide information on the measures taken to ensure that vocational rehabilitation services are accessible to all categories of disabled persons (Articles 3 and 7 of the Convention).
3. Promotion of employment for disabled persons in the private and public sectors. The Committee notes section 30 of the new Labour Code adopted by Act No. 4857 in May 2003 and the Decree of the Council of Ministers of March 2003 laying down for 2004 the minimum rate of disabled persons employed in the public sector at 4 per cent and in the private sector at 3 or even 4 per cent. A great disparity still exists between these two sectors where, according to the May 2004 statistics provided by the Government in its report, a total of 1,756 disabled persons were employed in the private sector as against 99 in the public sector. The Committee also notes the Action Plan for 2005-2010 aimed at promoting a national employment policy for disabled persons. Nevertheless, it notes that in 2003 only 19.6 per cent of disabled persons were engaged in employment and invites the Government to continue to provide information on the measures adopted to promote the employment of disabled persons, particularly in the public sector (Article 4).
4. Effective equality of opportunity and treatment between disabled men and women workers. The Government indicates that a large number of disabled women have received vocational training. Nevertheless, the Committee notes that, in 2003, 36.98 per cent of disabled men were employed in the labour market as compared to 6.06 per cent of disabled women. It asks the Government to indicate special positive measures adopted to guarantee the effective equality of opportunity and treatment between disabled men and women workers, in accordance with Article 4.
5. Consultation of the representative organizations. The Committee recalls its direct request of 2003 and asks the Government to provide information on the activities of the Higher Council for the Rehabilitation of Disabled Persons and on the outcome of any consultations held on the application of the national policy for the rehabilitation of disabled workers. It also recalls that the representative organizations of disabled persons must be consulted under Article 5 of the Convention and asks the Government to indicate how effect is given to this provision of the Convention.
6. Vocational rehabilitation and employment services in rural areas and remote communities. The Government indicates that public education centres organize general and vocational training courses in provinces, towns, smaller towns and villages. Between 2001 and 2002, a total of 3,323 disabled persons, of which 2,207 were women and 1,696 were men, received specific training. The Committee invites the Government to continue to provide information on the measures adopted to ensure that disabled persons living in rural areas and remote communities have access to vocational rehabilitation and employment services in accordance with Article 8.
1. The Committee notes the Government’s first report on the application of the Convention received in October 2002, including an observation by the Turkish Confederation of Employers’ Associations (TISK). The Government indicates that the orientation of the national policy is to provide vocational rehabilitation and to make the employment of persons with disabilities compulsory for employers. It also states that, in view of the increasing employment of persons with disabilities in the open labour market, it has been made compulsory to employ workers with disabilities in the public sector. TISK indicates that, although the public sector is subject to the same level of liability to employ disabled citizens as the private sector, the figures show that 1,591 disabled people were employed by the public sector and 10,215 by the private sector in 2000, compared with 1,369 by the public sector and 11,731 by the private sector in 2001. It considers that private employers that employ 50 or more people are virtually being punished through the new regulations and they are burdened by new liabilities. TISK calls for action to provide rehabilitation and training services to make persons with disabilities suitable for employment and production. The Committee hopes that in its next report the Government will provide further information on the vocational rehabilitation measures that are made available to all categories of persons with disabilities and the manner in which employment opportunities for persons with disabilities are promoted in the open labour market (Article 3 of the Convention).
2. Please also indicate if the High Council of Disabled Persons has had an opportunity to debate the TISK’s concerns and the outcome of any consultations made on the implementation of the national policy to provide rehabilitation to workers with disabilities, as well as information on the measures taken to promote cooperation and coordination between the public and private bodies engaged in those activities. Please also note that the representative organizations of and for persons with disabilities shall also be consulted, in conformity with Article 5 of the Convention.
3. Article 8. The Committee notes the information provided on vocational rehabilitation and employment services for disabled persons in rural areas and remote communities. It requests the Government to provide information on the results obtained in practice through this network of centres.