Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Tajikistan (Ratification: 1993)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 2 and 7 of the Convention. Integration of persons with disabilities in the open labour market. In relation to the sanctions that apply if employers do not meet the mandatory quota of employees with disability, the Government informs that an illegal refusal by an employer to hire persons with disabilities within the established quota shall entail the imposition of a fine. With regard to the implementation of the Law on the Social Protection of Citizens Affected by the Disaster at the Chernobyl Nuclear Power Plant and the Law on Social Protection of Persons with Disabilities, the Committee notes that according to the latter, rehabilitation is based on the State Service of Medical and Social Assessment is based on the procedure for determining the ability to work, temporary and long-term disability, the disability group and duration and timing of re-examination. The Government further indicates that under the Government Resolution on the State Employment Promotion Programme for 2020–22 which is aimed at creating conditions of employment for vulnerable groups, 230 persons with disabilities, including 78 women found employment in 2022. However, the Committee notes that the Government has not provided information on the manner in which the Convention is applied in practice, including in particular, statistical information disaggregated by age, sex and the nature of the disability. The Committee therefore reiterates its request to provide information on: (i) the results achieved with regard to the integration of persons with disabilities in the open labour market through the Law on the Social Protection of Persons with Disabilities and the Law on the Social Protection of Citizens Affected by the Disaster at the Chernobyl Nuclear Power Plant, and, (ii) the manner in which the Convention is applied in practice, including, in particular, statistics disaggregated as much as possible by age, sex and the nature of the disability, extracts from reports, studies and inquiries on the matters covered by the Convention.

Article 5.Consultation of the social partners. In response to its previous comment, the Committee notes the signing of a General Agreement between the Government, the Federation of Independent Trade Unions of Tajikistan and the Employer’s Association of the Republic of Tajikistan in order to: (1) monitor and evaluate the implementation of the Employment Promotion Programme for 2020–22 for persons with disabilities, (2) study and prepare proposals for the introduction of state social benefits and guarantees for healthcare workers in contact with infectious diseases and working with persons with disabilities, and (3) support children with diabetes and children with disabilities, including their cost of trips to children’s camps. The Committee also notes that the Chair of the National Association of Persons with Disabilities is a member of the Commission of the Employer’s Association in the Tripartite Commission on Regulation of Social and Labour Relations in the Republic of Tajikistan and is duly consulted on all matters relating to labour. The Committee requests the Government to provide updated information indicating how the above-mentioned general agreement has been implemented, providing a copy thereof, the consultations held thereunder and the manner in which the social partners contributed to its monitoring and evaluation.

Article 8. Services in rural areas and remote communities. The Government reports that since 2009, it has established a mechanism for purchasing services from NGOs for providing social services to day-care centres for children with disabilities in place of residential institutions. Concerning the impact of the measures taken for the development of vocational rehabilitation and employment services for persons with disabilities, the Government indicates that currently more than 68 departments and sectors of labour and employment and 34 adult education branches are working on vocational rehabilitation and employment of people with disabilities in rural areas where rehabilitation, training and retraining is provided to the persons with disabilities. As of 2022, 230 persons with disabilities have been provided with these services. The Committee requests the Government to continue to provide detailed and disaggregated data by sex, age, nature of disability and region on the impact of the centres for the training and rehabilitation services provided to persons with disabilities, as well as the long-term employment opportunities available to them after undertaking the training.

Article 9. Training of suitably qualified staff. The Government reports that as of 2016 it has adopted the National Programme for Rehabilitation of Persons with Disabilities for 2017–20 and the Plan for implementing the same focussed on women and girls with disabilities. In addition, the Government has also enacted the State Programme Accessible Environment for 2021–25 and the Action Plan for its implementation to develop social support for persons with disabilities and to create equitable opportunities for them. The Committee welcomes that this programme has been launched in collaboration with United Nations Development Programme (UNDP) to support civil society in establishing the Coordination Council on disabilities issues under the Parliament of Tajikistan which also seeks to provide free legal aid to persons with disabilities. The Committee requests the Government to provide information about the number of persons with disabilities, disaggregated by age, sex and nature of disability, being provided benefits under the programme and the nature of specific measures adopted to improve their access to the labour market. The Committee further requests the Government to provide information about the training and availability of rehabilitation counsellors and other suitably qualified staff who are responsible for providing vocational training, placement and employment of disabled persons under the National Programme for Rehabilitation of Persons with Disabilities.

In particular, the Committee notes with interest that the Ministry of Education and Science, has collaborated with the UN Children’s Fund (UNICEF) by opening inclusive offices for children with disabilities at the National Institute of Advanced Training and Retraining of Education Workers and its branches. The Government also reports continuous collaboration with UNICEF, UN Department of Economic and Social Affairs (UNDESA) and UNDP since 2017 along with representatives of organizations of persons with disabilities to raise awareness about disabilities at all levels of the society and to provide technical assistance. The Committee refers in this respect to paragraph 42 of the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168) which recommends Member States to coordinate these policies and programmes with other programmes for social and economic development particularly adapting the methods and organisation of work to the needs of the individual and the improvement of working conditions. The Committee further observes that the Ministry of Labour, Migration and Employment has created the Special Vocational Lyceum for Persons with Disabilities with its branches where persons with disabilities are provided primary vocational education in various specialities. It welcomes that the institution has piloted the Tajik Sign Language programme in cooperation with the Country Office of the Institute for International Cooperation of the German Association of Adult Education. The Committee requests the Government to provide disaggregated statistical data and other relevant information about the participants, indicating their age, sex, nature of disability and specialties under the vocational education programme.

In addition, the Committee notes the information provided by the Government that the Ministry of Education and Science, in collaboration with the Ministry of Health and Social Protection, is gradually introducing subordinate social institutions, developing social services at the day care centres for children with disabilities and providing psychological, medical and pedagogical consultations across Sughd and Khatlon regions for social workers and pedagogical specialists in various child development disorders. The Committee requests the Government to provide further information about the number and nature of social institutions being introduced and their expansion to the rural and remote regions of the country. The Committee further requests the Government to provide information as regards the number of social workers and specialists engaged in such institutions, the nature of training being provided to them, and future prospects of the day care centres for children with disabilities in the remote and rural regions of the country, as well as statistical information disaggregated by age, sex and nature of disability, about the children with disabilities being provided support at the day care centres.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 7 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. In reply to the Committee’s previous comments, the Government indicates in its report that, under Decree No. 601 of 2 December 2008, a State Medical and Social Assessment Service was set up to establish a procedure for determining capacity for work, temporary and long-term incapacity, categories of and reasons for disability, duration of disability and the timing of repeat examinations. The State Medical and Social Assessment Service sets out individual rehabilitation programmes taking into account the degree of work incapacity. There are 28 departments and committees involved in the Medical and Social Assessment Service. The Government further indicates that its policy on vocational rehabilitation and employment of persons with disabilities is governed by national legislation. It adds that, in order to implement its policy, two laws were adopted in 2008 and 2010: the Law on the Social Protection of Citizens Affected by the Disaster at the Chernobyl Nuclear Power Plant and the Law on the Social Protection of Persons with Disabilities. The Committee notes that the Law on the Social Protection of Persons with Disabilities refers to disability as a health impairment involving a persistent disorder of the functions of the organism caused by illness, trauma or defects, leading to a restriction of activities and a requirement for social protection. Section 11 of the Law states that the rehabilitation of persons with disabilities is carried out under an individual programme, as determined on the basis of an examination report by a medical and social authority. Moreover, under section 26 of the Law, quotas for the employment of persons with disabilities are established for organizations irrespective of their legal status or form of ownership, with a minimum number of dedicated posts for persons with disabilities. The Committee notes in this regard that in organizations employing at least 20 workers, the quota system stipulates that persons with disabilities must represent no less than 5 per cent of the workforce.The Committee requests the Government to provide information on the sanctions that apply if employers do not meet the mandatory quota.

The Committee requests the Government to continue to provide information on the implementation of the Law on the Social Protection of Citizens Affected by the Disaster at the Chernobyl Nuclear Power Plant and the Law on the Social Protection of Persons with Disabilities, as well as on the results achieved with regard to the integration of persons with disabilities in the open labour market. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including, in particular, statistics disaggregated as much as possible by age, sex and the nature of the disability, extracts from reports, studies and inquiries on the matters covered by the Convention.

Article 5. Consultation of the social partners. In reply to the previous comments, the Government indicates that issues concerning the development of a social partnership for the rehabilitation and employment of persons with disabilities were included in the Getting Into Decent Work programme 2014–17. The Committee notes with interest that, as part of the cooperation between the Government and the social partners, an agreement was reached that representatives of persons with disabilities organizations and medical bodies would regularly be invited to meetings of the National Committee on the Implementation of the Action Plan.The Committee requests the Government to continue to provide information on the consultations held with employers’ and workers’ organizations and organizations of and for persons with disabilities on the implementation of a national policy on vocational rehabilitation and employment of persons with disabilities.

Article 8. Services in rural areas and remote communities. The Government indicates that, in 2009, a service procurement mechanism was introduced among NGOs to provide social services at day centres for children with disabilities as an alternative to residential institutions. There are 15 such centres operating, offering a variety of social services for over 1,000 children with disabilities. The Government adds that activities offered at these centres are funded through social services contracts.The Committee requests the Government to continue to provide information on the impact of the measures taken for the development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training of suitably qualified staff. The Government indicates that, with the aim of setting up a leading social work methodology and training centre, and with the assistance from a European Union project in 2012, the Practical Education Centre for Social Work and Innovation was established. The principal tasks of the centre are to retrain and enhance the qualifications of employees in social institutions, to teach modern methods of providing social services and to promote the development and introduction of social work standards. Every year, an average of about 150 social workers undergo training or retraining at the centre.The Committee requests the Government to continue to provide information on the measures taken to ensure the training and availability of suitably qualified staff for the vocational rehabilitation of persons with disabilities.

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

Articles 2 and 7 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. In reply to the Committee’s previous comments, the Government indicates in its report that, under Decree No. 601 of 2 December 2008, a State Medical and Social Assessment Service was set up to establish a procedure for determining capacity for work, temporary and long-term incapacity, categories of and reasons for disability, duration of disability and the timing of repeat examinations. The State Medical and Social Assessment Service sets out individual rehabilitation programmes taking into account the degree of work incapacity. There are 28 departments and committees involved in the Medical and Social Assessment Service. The Government further indicates that its policy on vocational rehabilitation and employment of persons with disabilities is governed by national legislation. It adds that, in order to implement its policy, two laws were adopted in 2008 and 2010: the Law on the Social Protection of Citizens Affected by the Disaster at the Chernobyl Nuclear Power Plant and the Law on the Social Protection of Persons with Disabilities.

The Committee notes that the Law on the Social Protection of Persons with Disabilities refers to disability as a health impairment involving a persistent disorder of the functions of the organism caused by illness, trauma or defects, leading to a restriction of activities and a requirement for social protection. Section 11 of the Law states that the rehabilitation of persons with disabilities is carried out under an individual programme, as determined on the basis of an examination report by a medical and social authority. Moreover, under section 26 of the Law, quotas for the employment of persons with disabilities are established for organizations irrespective of their legal status or form of ownership, with a minimum number of dedicated posts for persons with disabilities. The Committee notes in this regard that in organizations employing at least 20 workers, the quota system stipulates that persons with disabilities must represent no less than 5 per cent of the workforce. The Committee requests the Government to provide information on the sanctions that apply if employers do not meet the mandatory quota.

The Committee requests the Government to continue to provide information on the implementation of the Law on the Social Protection of Citizens Affected by the Disaster at the Chernobyl Nuclear Power Plant and the Law on the Social Protection of Persons with Disabilities, as well as on the results achieved with regard to the integration of persons with disabilities in the open labour market. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including, in particular, statistics disaggregated as much as possible by age, sex and the nature of the disability, extracts from reports, studies and inquiries on the matters covered by the Convention.

Article 5. Consultation of the social partners. In reply to the previous comments, the Government indicates that issues concerning the development of a social partnership for the rehabilitation and employment of persons with disabilities were included in the Getting Into Decent Work programme 2014–17. The Committee notes with interest that, as part of the cooperation between the Government and the social partners, an agreement was reached that representatives of persons with disabilities organizations and medical bodies would regularly be invited to meetings of the National Committee on the Implementation of the Action Plan. The Committee requests the Government to continue to provide information on the consultations held with employers’ and workers’ organizations and organizations of and for persons with disabilities on the implementation of a national policy on vocational rehabilitation and employment of persons with disabilities.

Article 8. Services in rural areas and remote communities. The Government indicates that, in 2009, a service procurement mechanism was introduced among NGOs to provide social services at day centres for children with disabilities as an alternative to residential institutions. There are 15 such centres operating, offering a variety of social services for over 1,000 children with disabilities. The Government adds that activities offered at these centres are funded through social services contracts. The Committee requests the Government to continue to provide information on the impact of the measures taken for the development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training of suitably qualified staff. The Government indicates that, with the aim of setting up a leading social work methodology and training centre, and with the assistance from a European Union project in 2012, the Practical Education Centre for Social Work and Innovation was established. The principal tasks of the centre are to retrain and enhance the qualifications of employees in social institutions, to teach modern methods of providing social services and to promote the development and introduction of social work standards. Every year, an average of about 150 social workers undergo training or retraining at the centre. The Committee requests the Government to continue to provide information on the measures taken to ensure the training and availability of suitably qualified staff for the vocational rehabilitation of persons with disabilities.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 previous comments.

Repetition

Articles 2 and 7 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s report received in September 2009. The Committee notes that Decree No. 601 of 2 December 2008 established a State Medical and Social Assessment Service, an independent structure attached to the Ministry of Labour mandated to examine persons with disabilities in order to determine their degree of disability and establish suitable rehabilitation programmes. This national service is subdivided into 36 services for medical and social assessment, ten specialist services, three regional services and 22 territorial services. The Committee notes that in 2008 a total of 39,085 persons were examined and 37,136 were recognized as having a disability. The Government recognizes that many of the aspects related to improving the quality of life and professional integration of persons with disabilities have still not been resolved. The Scientific Research Institute for the Assessment and Rehabilitation of Disabled Persons is involved in resolving them. Moreover, section 35 of Act No. 458 of 24 December 1991 on the social protection of persons with disabilities provides that not less than 3 per cent of posts in enterprises and public establishments shall be reserved for persons with disabilities. The Committee requests the Government to supply detailed information on the programmes devised by the Scientific Research Institute for the Assessment and Rehabilitation of Disabled Persons and the State Medical and Social Assessment Service. The Committee also requests the Government to supply information on the impact of Act No. 458 on the reintegration of persons with disabilities and the measures taken with a view to providing and evaluating services to enable persons with disabilities to secure, retain and advance in employment (Article 7). The Committee hopes that the next report will also contain information on the manner in which the Convention is applied in practice, including statistics and relevant data disaggregated as much as possible by age, sex and the nature of the disability, extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

Article 5. Consultation of social parties. The Committee notes that section 5 of Act No. 458 provides for the participation of associations of persons with disabilities within public and private bodies with regard to the formulation of measures concerning persons with disabilities and decision-making in relation to them. State bodies and enterprises also encourage associations of persons with disabilities to participate in the formulation of projects that concern them. The Committee requests the Government to indicate in its next report the manner in which representative employers’ and workers’ organizations are consulted on the implementation of a vocational rehabilitation policy for persons with disabilities.

Article 8. Services in rural areas. The Government indicates that the number of persons with disabilities has fallen by comparison with previous years, particularly as a result of the new state services for medical and social assessment established in rural areas. The Committee requests the Government to supply information on the measures taken or envisaged for the development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training of suitably qualified staff. The Government refers to the State Medical and Social Assessment Service as the body responsible for the medical examination of persons with disabilities. The Committee requests the Government to describe the measures taken to ensure that the abovementioned services have suitably qualified staff for the vocational rehabilitation of persons with disabilities.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 7 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s report received in September 2009. The Committee notes that Decree No. 601 of 2 December 2008 established a State Medical and Social Assessment Service, an independent structure attached to the Ministry of Labour mandated to examine persons with disabilities in order to determine their degree of disability and establish suitable rehabilitation programmes. This national service is subdivided into 36 services for medical and social assessment, ten specialist services, three regional services and 22 territorial services. The Committee notes that in 2008 a total of 39,085 persons were examined and 37,136 were recognized as having a disability. The Government recognizes that many of the aspects related to improving the quality of life and professional integration of persons with disabilities have still not been resolved. The Scientific Research Institute for the Assessment and Rehabilitation of Disabled Persons is involved in resolving them. Moreover, section 35 of Act No. 458 of 24 December 1991 on the social protection of persons with disabilities provides that not less than 3 per cent of posts in enterprises and public establishments shall be reserved for persons with disabilities. The Committee requests the Government to supply detailed information on the programmes devised by the Scientific Research Institute for the Assessment and Rehabilitation of Disabled Persons and the State Medical and Social Assessment Service. The Committee also requests the Government to supply information on the impact of Act No. 458 on the reintegration of persons with disabilities and the measures taken with a view to providing and evaluating services to enable persons with disabilities to secure, retain and advance in employment (Article 7). The Committee hopes that the next report will also contain information on the manner in which the Convention is applied in practice, including statistics and relevant data disaggregated as much as possible by age, sex and the nature of the disability, extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

Article 5. Consultation of social parties. The Committee notes that section 5 of Act No. 458 provides for the participation of associations of persons with disabilities within public and private bodies with regard to the formulation of measures concerning persons with disabilities and decision-making in relation to them. State bodies and enterprises also encourage associations of persons with disabilities to participate in the formulation of projects that concern them. The Committee requests the Government to indicate in its next report the manner in which representative employers’ and workers’ organizations are consulted on the implementation of a vocational rehabilitation policy for persons with disabilities.

Article 8. Services in rural areas. The Government indicates that the number of persons with disabilities has fallen by comparison with previous years, particularly as a result of the new state services for medical and social assessment established in rural areas. The Committee requests the Government to supply information on the measures taken or envisaged for the development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training of suitably qualified staff. The Government refers to the State Medical and Social Assessment Service as the body responsible for the medical examination of persons with disabilities. The Committee requests the Government to describe the measures taken to ensure that the abovementioned services have suitably qualified staff for the vocational rehabilitation of persons with disabilities.

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

The Committee notes with interest that the letter received on 19 October 2005 forwarding the Government’s general report does not include the information relevant to the application of the Convention requested in the 2002 and 2004 direct requests. It asks that a detailed report be supplied for examination by the Committee at its next session, which responds in full to all of the questions contained in the report form of the Convention. The preparation of a detailed report will certainly provide the Government and the social partners with an opportunity to evaluate the progress achieved in the formulation and implementation of a national policy on the vocational rehabilitation and employment of people with disabilities, as mandated by 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 that the Government’s very brief first report does not contain any information on the application of the Convention. The Committee asks the Government to submit a detailed report, which responds in full to all of the questions contained in the report form for the Convention. Please also supply the text of any relevant legislation, regulations relating to legislation and information on the application of the Convention in practice.

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

The Committee notes that the Government’s very brief first report does not contain any information on the application of the Convention. The Committee asks the Government to submit a detailed report, which responds in full to all of the questions contained in the report form for the Convention. Please also supply the text of any relevant legislation, regulations relating to legislation and information on the application of the Convention in practice.