Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Peru (Ratification: 1986)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 2 September 2018. The Committee also notes the Government’s replies to the observations of the CATP in 2017 and 2018, received on 9 February and 30 October 2018, respectively.

Articles 2 and 3 of the Convention. Implementation of vocational rehabilitation and employment policies for persons with disabilities. In reply to its previous comments, the Committee notes the Government’s reference to the preparation of the National Policy on the Promotion of Employment Opportunities for Persons with Disabilities by the Ministry of Labour and Employment Promotion (MTPE), which is to be adopted following the incorporation into the text of comments and contributions by the persons concerned. A general national policy on disability is also to be developed and will cover various areas, such as health, education and labour. The Committee also notes the implementation of a joint programme on employment and disability with a focus on gender, with the participation of the ILO, the United Nations Population Fund (UNFPA) and the United Nations Educational, Scientific and Cultural Organization (UNESCO), as well as the MTPE and the National Council for the Integration of Persons with Disabilities (CONADIS) of the Ministry of Women and Vulnerable Populations (MIMP). This programme aims to improve access for persons with disabilities to decent employment opportunities and to raise awareness of the skills of these persons and their potential to contribute to the productive life and development of their communities and the country. The joint programme will contribute to the improvement of employment access for persons with disabilities, by strengthening public administration at the local level and highlighting the particularly vulnerable situation of women with disabilities. With regard to the adoption of measures to encourage compliance with the 5 per cent quota for the recruitment of persons with disabilities in the public sector, the Government indicates that a number of proposals have been submitted to amend the regulations of Act No. 29973 in order to facilitate the fulfilment of this quota, but that these proposals have not yet been approved. The proposals concern, inter alia, the establishment of a specific procedure to follow if the public authorities do not meet the recruitment quota. The Government indicates that, according to the report entitled “Achieving the Labour Integration of Persons with Disabilities in the Peruvian Civil Service”, published by the National Civil Service Authority (SERVIR) in October 2015, the low level of education of most persons with disabilities (only 12 per cent of whom completed higher education) prevents them from meeting the requirements for public employment. In this regard, the Government indicates that, in 2017, a working group comprising SERVIR and CONADIS was set up with the aim of putting forward proposals to change public policy so as to ensure the genuine inclusion of persons with disabilities and encourage public institutions to seek professional and competent workers among this population. Furthermore, under the National Human Rights Plan 2017–21, training and awareness-raising activities are to be carried out for public servants in relation to the labour aspect of the rights of persons with disabilities. The Plan also provides for the development of a study on the implementation of reasonable accommodations, with the aim of promoting the access of persons with disabilities to national Government bodies, by generating adequate information and establishing specific mechanisms to assess candidates with disabilities without discrimination and in accordance with the principle of equality of opportunity. Lastly, the Government indicates that, pursuant to section 49(3) of Act No. 29973, SERVIR is responsible for verifying compliance with the quota for the recruitment of persons with disabilities, in coordination with CONADIS. As regards private sector enterprises with 50 workers or more, the Government indicates that the National Labour Inspection Supervisory Authority (SUNAFIL) is the competent body responsible for overseeing the regulations governing compliance with the 3 per cent recruitment quota established for the private sector. The Government indicates that the failure of private employers to meet the labour quota after two years from the entry into force of the above Act will lead to the application of the penalties established in Act No. 28806 (General Labour Inspection Act). The Government indicates that, with the aim of encouraging compliance with this quota, SUNAFIL has developed a tool enabling employers to establish whether their enterprise meets the quota. The Committee also notes the statistical information provided by the Government on the inspections carried out in the private sector with regard to compliance with the quota for the recruitment of persons with disabilities, and the results of these inspections. According to the Computerized Labour Inspection System (SIIT), in 2017, 488 inspection orders were completed in this regard. The Committee also notes the promulgation of Decree No. 1417 which amends, inter alia, section 50 of Act No. 29973. Pursuant to this section, employers in the public and private sectors are required to make reasonable accommodations, unless they demonstrate that such accommodations would impose an undue or disproportionate burden, in accordance with the criteria established by the MTPE. These accommodations must be made for persons with disabilities both in the selection process and in the workplace. This section also provides that employers shall receive advice and guidance in order to make reasonable accommodations for persons with disabilities in the workplace. The Committee also notes the information provided by the Government on the participation of persons with disabilities in the various employment programmes implemented, such as the Jóvenes Productivos programme, the Impulsa Perú programme and the Perú Responsable programme, and on the labour intermediation services provided for persons with disabilities by the National Employment Service (SNE).

In its observations, the CATP maintains that the measures adopted with a view to promoting labour market access for persons with disabilities are insufficient due to a lack of funding for these measures and of enforcement of the current legislation on the employment of persons with disabilities. It highlights that only two out of three persons with disabilities have completed or benefited from primary education, which makes their integration into the labour market even more difficult. Consequently, the CATP states that it is necessary to carry out joint action with the Ministry of Education in order to build the capacities of persons with disabilities. The CATP indicates that, while the general activity rate of the working age population is 74 per cent, for persons with disabilities the rate is only 22 per cent. It indicates that the majority of workers with disabilities are employed in the informal economy in temporary, precarious and low-paid jobs with high turnover rates. It reiterates that the rate of unemployment for persons with disabilities (12.1 per cent) is four times higher than the rate for the total population (3.7 per cent). The CATP states that it is necessary to examine the different types of disability and their impact on employability, and to simplify the administrative procedures required for persons with disabilities to gain recognition of their status and benefit from the measures to increase their employability and labour market access. The Committee requests the Government to continue to provide updated information on the status of the adoption of proposals to amend Act No. 29973 with a view to promoting the employment of persons with disabilities and encouraging compliance with the quota for the recruitment of such persons in the public sector. The Committee also requests the Government to continue to provide updated information on the impact of the measures adopted 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 also once again requests the Government to provide summaries of studies and evaluations of the policies and programmes on the rehabilitation and employment of persons with disabilities, and other updated indicators of the results achieved by the legislative measures and policies adopted in favour of persons with disabilities.

Article 5. Consultations with representative employers’ and workers’ organizations. In reply to the Committee’s previous comments, the Government indicates that, pursuant to section 14 of Act No. 29973, organizations representing persons with disabilities are consulted prior to the adoption of standards, policies and programmes on issues relating to disability, to enable them to make observations and contributions. The Government adds that such consultations include the formulation, implementation and review of all public policies relating to the rights of persons with disabilities. For example, the Government refers to the active participation of organizations of and for persons with disabilities in the formulation of the National Accessibility Plan. The Government indicates that, between 2016 and 2017, technical consultations and meetings were held with organizations of and for persons with disabilities, employers’ associations and public and private institutions, with a view to putting forward a proposal for a national policy to promote employment opportunities for persons with disabilities. Furthermore, in its reply to the CATP’s observations, the Government indicates that, between February and May 2016, tripartite consultations were held in the context of formulating public policies on telework related to persons with disabilities and their access to employment. The Committee requests the Government to continue to provide detailed and updated information on the manner in which representative employers’ and workers’ organizations and representative organizations of and for persons with disabilities are consulted on the application and periodical review of the national policy on vocational rehabilitation for persons with disabilities.