Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 159) sur la réadaptation professionnelle et l'emploi des personnes handicapées, 1983 - Colombie (Ratification: 1989)

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), received on 29 August 2015, and the observations of the Single Confederation of Workers (CUT) and the General Confederation of Labour (CGT), received on 2 September 2015.

Article 2. National policy on the vocational rehabilitation of persons with disabilities. The Committee notes with interest the adoption of Act No. 1618 of 27 February 2013 setting forth provisions to ensure the full exercise of the rights of persons with disabilities. Section 13 of the Act No. 1618 recognizes the right to work of all persons with disabilities and lays down an obligation for the Ministry of Labour to guarantee this right in terms of equal opportunities, equity and inclusion. According to Decree No. 723 of 15 April 2013, persons with disabilities who are self-employed are covered for occupational hazards. Furthermore, Act No. 1562 of 11 July 2012 requires occupational hazard insurers to set up mechanisms for the retraining and relocation of persons with work-incurred disabilities. The CUT and the CTC stress the need to improve the register of persons with disabilities since the current register does not cover all such persons resident in the country or draw any distinction between the various types of disability. The CUT and the CTC further suggest that there is a lack of commitment on the part of employers to create jobs for persons with disabilities. The CGT, for its part, indicates that disabilities are to be observed more in sectors where incomes are lower. The Government states in its report that since 2013 an employers’ work promotion programme for persons with disabilities, the “productivity agreement”, has been implemented. Since it started, the programme has helped to generate 721 job opportunities for persons with disabilities. The Government adds that progress has been made in the modernization of the register of persons with disabilities under the coordination of the Ministry of Health and Social Welfare. In February 2015, 1,144,242 persons with disabilities were registered, of whom 48,436 reported occupational disease or injury as the cause of disability. The Committee requests the Government to continue to provide information on the results of the national policy for the vocational rehabilitation and employment of persons with disabilities.

Article 3. Measures for occupational rehabilitation. The Government indicates that to encourage the labour market integration of persons with disabilities, campaigns to raise awareness in enterprises are being organized through regional forums with the participation of employers, persons with disabilities, public and private employment agencies, special education institutions and representatives of regional governments. Furthermore, teleworking has been promoted as a mechanism that facilitates the recruitment of persons with disabilities. The “Enterprise” fund established by the National Training Service (SENA) provides financial support for the creation of undertakings by persons with disabilities and for the establishment of companies in which persons with disabilities hold a share of 20 per cent or more in the equity. The Committee requests the Government to provide information on the impact of the measures taken to promote the vocational rehabilitation of persons with disabilities in terms of the creation of employment opportunities for such persons in the open labour market.

Article 5. Consultations. The CTC and the CUT observe that the Government has not set up any forums for consultation and cooperation with representative organizations of workers to discuss policies that affect workers with disabilities. The Committee requests the Government to provide detailed information on the manner in which the representative organizations of employers and workers and the representative organizations of persons with disabilities are consulted on the application and periodical review of the national policy on vocational rehabilitation and employment for persons with disabilities.

Article 7. Vocational training for persons with disabilities. The Committee takes note of Resolution No. 1726, adopted by the SENA on 12 August 2014 adopting an institutional policy on comprehensive care for persons with disabilities. The aim of the policy is to ensure that persons with disabilities have effective access to the services offered by the SENA. The CUT and the CTC highlight the progress made in promoting vocational training for persons with disabilities and adapting the SENA offices so that they are able to respond to the requirements of such persons. The Government indicates that between 2013 and 2014, vocational training has been provided for 43,359 persons with disabilities, of whom 3,938 have had employment opportunities. Persons with visual disability receive guidance and training suited to their needs under the AGORA programme implemented by the SENA, the National Institute for the Blind and the Foundation of the Spanish Organization for the Blind (ONCE) for Latin America. Under this programme 3,335 persons with visual disability were trained, and 220 joined the labour market. The Government further indicates that in the context of its national policy on persons with disabilities, a training programme is planned for carers of persons with disabilities. The Committee requests the Government to continue to provide information on the results of the vocational guidance and training measures that have been adopted to enable persons with disabilities to secure, retain and advance in employment. Please also provide information on any difficulties found to offer employment opportunities to persons with disabilities who have obtained training.