Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Colombia (RATIFICATION: 1989)

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The Committee notes the observations of the National Employers Association of Colombia (ANDI), received on 31 August 2021. The Committee also notes the observations of the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2021. Noting that the Government has so far not responded to these observations, the Committee has decided to examine them in view of the relevant provisions of the Convention, and requests the Government to provide its comments thereon.

Article 2 the Convention. National policy on the vocational rehabilitation of persons with disabilities. The Committee observes that, since it last examined the application of the Convention by Colombia, the Government has taken various measures to promote the employment of persons with disabilities, including in the period immediately preceding the examination. The Government refers to the adoption of: (i) Decree No. 2011 of 30 November 2017, establishing the percentage of employment of persons with disabilities in public sector entities depending on the size of the personnel (between 3 and 1 per cent by 31 December 2023), and (ii) Decree No. 392 of 26 February 2018, establishing an incentive of 1 per cent in public tenders and merit-based selection processes to enterprises that employ a certain number of persons with disabilities based on the total number of workers. In this regard, the Government indicates that, as of 31 March 2020, 5,026 persons with disabilities were employed in 834 public entities, and in 2020, 4,290 certifications were issued in public procurement processes to employers having engaged persons with disabilities. In 2018, 466 employers benefited from tax incentives granted for engaging persons with disabilities, an increase of 25 per cent compared with the previous four years. On 19 May 2023, the National Development Plan (PND) 2022–2026 was also adopted, establishing measures to ensure inclusive education and work for persons with disabilities, including broadening the range of institutional training programmes for inclusive and accessible work, initiatives to facilitate access to work for persons with disabilities in the public sector and strengthening the strategies of providers of the Public Employment Service (SPE) to promote the employment of persons with disabilities. The Government also indicates that funding has been provided for entrepreneurial initiatives undertaken by persons with disabilities, outreach activities have been conducted targeting employers and representatives of various national bodies, and enterprises have been advised on employment inclusion mechanisms and labour intermediation services for persons with disabilities. In addition, a new Disability and Inclusion Policy is under development, including measures to provide opportunities for the advancement of persons with disabilities in the spheres of education and production. Finally, the Committee notes the ANDI’s indication of the implementation, in collaboration with various public and private entities and organizations of persons with disabilities, of the model Productivity Pact of the Enterprise Programme for the Promotion of Employment for Persons with Disabilities in 1,700 enterprises, around 30 per cent of which have engaged persons with disabilities. The Government indicates that the programme aims to develop a replicable and sustainable model to make the recruitment of persons with disabilities effective and productive for individuals and enterprises. The ANDI also refers to the introduction of the Seal of Inclusion to endorse an employer’s corporate responsibility as an inclusive organization and indicates that, through a partnership with the National Learning Service (SENA), 1,116 persons with disabilities have participated in vocational training.

However, the Committee notes, based on data from the National Department of Statistics (DANE), that while 52.3 per cent of persons with disabilities are of working age, only 15.5 per cent are engaged in work and only 2.5 per cent are in formal employment or have an income equivalent to a minimum wage. The Committee also notes that, in their observations, the CTC, the CGT and the CUT maintain that the legislative measures adopted have not had an impact on the creation of employment opportunities for persons with disabilities in the open labour market due to barriers in academic training and misperceptions among employers regarding the strengthened employment stability guaranteed to persons with disabilities. They also note that unemployment figures for persons with disabilities are under-reported, thus impeding an assessment of the real impact of the measures taken. In light of the above, the Committee requests the Government to continue its efforts in both the political and legal fields, including in relation to the monitoring and allocation of the necessary funding for the implementation of the measures adopted to secure, retain and promote opportunities for persons with disabilities to find employment in the open labour market, both in the public and private sectors, including measures targeting small and medium-sized enterprises. It also requests the Government to send detailed information on the measures taken in this regard, including information on the impact of Decree No. 2011 of 30 November 2017 and Decree No. 392 of 26 February 2018 on employment generation for persons with disabilities. It further requests the Government to provide information on the adoption of the new Disability and Inclusion Policy, and to provide a copy thereof once it has been adopted.The Committee lastly requests the Government to respond to the above-mentioned concerns raised by the trade union confederations.

Article 3. Vocational rehabilitation measures. The Committee notes the Government’s indication that the public employment and vocational guidance services have specialized units providing assistance to persons with disabilities, including remote assistance using new technologies. The Government reports on the implementation by the SPE of the inclusive employment model with a focus on bridging gaps, including programmes, methodologies and instruments tailored to the jobseeker’s profile, with a view to producing effective and targeted interventions in relation to population groups facing the greatest labour market integration difficulties, including persons with disabilities. In this framework, since 2019, the SPE implements the Labour Inclusion Strategy for persons with disabilities with the objective of promoting the employment of persons with disabilities in the public and private sectors. The Committee observes that, according to the Public Employment Service Information System (SISE) and the SENA, between 2018 and February 2020, 12,255 persons with disabilities were registered with the SPE, 4,852 of whom were placed in employment. In April 2021, the SPE singled out 23 employment centres for their inclusiveness. While taking due note of the information provided by the Government concerning the measures taken to promote employment opportunities for persons with disabilities in the open labour market, the Committee requests the Government to provide more detailed information on how it ensures, both in law and in practice, that appropriate vocational rehabilitation measures are made available to all persons with disabilities. The Committee also requests the Government to provide updated information on the nature, scope and impact of the measures taken, in terms of the creation of employment opportunities for such persons in the open labour market.

Article 5. Consultations. The Committee notes the adoption of Decree No. 2177 of 22 December 2017, establishing the Disability Inclusion Council (CID), with the objective of coordinating training initiatives for the work and employment of persons with disabilities in the private sector. The CID includes among its members representatives of workers’ confederations, employers’ organizations and organizations of persons with various types of disabilities. The CID is responsible for, among other functions, coordinating initiatives for the social, labour market and productive inclusion of persons with disabilities; promoting and disseminating the effective exercise of the rights to social, labour market and productive inclusion of persons with disabilities through various initiatives, such as campaigns, strategies and participation mechanisms; and promoting the establishment of a national network of inclusive enterprises. The Government indicates that, in this framework, subcommittees for social, labour market and productive inclusion have been established in the disability committees of nine cities. The Government adds that the policies and programmes of the National Council on Disability (CND) are regularly reviewed in Sectoral Liaison Groups (GES), comprising representatives from various government ministries and agencies. The CTC, CGT and CUT maintain, for their part, that no opportunities for consultation with workers’ organizations have been provided to discuss policies affecting workers with disabilities. The Committee requests the Government to provide detailed information on the manner in which representative organizations of employers and workers and representative organizations of persons with disabilities are consulted on the implementation and periodic review of the national policy for the vocational rehabilitation of persons with disabilities, including in the framework of the Disability Inclusion Council (CID).

Article 7. Vocational training for persons with disabilities. The Committee notes the Government’s indication that the SENA does not provide any specific training for persons with disabilities, but rather makes reasonable accommodations to the various training programmes in accordance with labour market demand, and the interests of persons with disabilities. The Committee also notes that the PND provides for the establishment of the national equal opportunities programme for higher education access, retention and graduation of persons with disabilities, together with the implementation of initiatives to phase out the segregated provision of education for persons with disabilities. The Government also indicates the adoption of Decree No. 1421 of 2017, which regulates, within the framework of inclusive education, the provision of education for persons with disabilities. The Decree provides for measures to encourage the participation of young persons with disabilities in training processes. The Government also refers to the implementation of entrepreneurship programmes by the SENA for persons with disabilities. The Government indicates that between 2017 and 2019, 81,243 persons with disabilities were trained as apprentices.

The Committee observes, however, the alarming number of young persons with disabilities who lack access to formal education. The Government indicates that, according to statistical information from the DANE, less than 10 per cent of persons with disabilities have access to the formal education system. Trade union confederations further note the low levels of education of persons with disabilities. By way of example, they indicate that, according to statistical information of the United Nations Educational, Scientific and Cultural Organization (UNESCO), only 56 out of every 100 young persons with disabilities (between 15 and 24 years of age) can read and write, while among the general population the proportion is 98 out of every 100. The Committee wishes to underline in this respect that the lack of access to quality education seriously compromises the future of young persons with disabilities by depriving them of the possibility to participate fully in the labour market, at a time when the market is undergoing rapid transformations, including digital transformations, which offer great potential for the integration of persons with disabilities into the open labour market. The Committee therefore requests the Government to intensify its efforts, in collaboration with the social partners, with a view to improving the extremely low levels of participation of young persons with disabilities in the education system and to ensure inclusive education.The Committee further requests the Government to provide detailed information on the concrete measures taken in this respect, including information on the impact of such measures on the ability of persons with disabilities to secure, remain and advance in employment.

Article 8.Services in rural areas and remote communities. The Committee notes the Government’s indication that the SPE provides specific assistance to persons with disabilities through mobile units in the country’s remotest regions and municipalities involved in the peace process. The Government further indicates that a virtual course is planned in a number of remote municipalities with a view to strengthening employment channels for persons with disabilities in such areas. The Committee requests the Government to continue to provide updated information on the nature, scope and impact of the measures taken to promote non-discrimination, accessibility, and the establishment and development of vocational rehabilitation and employment services for persons with disabilities, both in rural areas and remote communities.

Article 9.Training of qualified staff. The Committee notes the Government’s indication that the SPE providers receive training on the physical and technological adaptations necessary to ensure appropriate assistance to persons with disabilities. In addition, in 2020, the Guide on Adjustments to the Employability Road Map with a Focus on Persons with Disabilities was presented to 198 civil servants, 63 SPE providers and labour sector entities. The SPE also has a virtual course for civil servants to strengthen competences for the inclusion of persons with disabilities in the labour market. The Committee requests the Government to provide information on the results achieved through the measures taken with regard to the training of rehabilitation officers and other qualified staff involved in vocational guidance, vocational training, placement, and employment of persons with disabilities in the open labour market. It also requests the Government to provide statistical information on the number of civil servants who have received training on the inclusion of persons with disabilities, as well as on the availability of qualified staff for vocational rehabilitation.

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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.

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Application of a national policy. In its direct request in 2010, the Committee invited the Government to provide its comments on the observations made by the Single Confederation of Workers (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), which were forwarded to it in September 2010. The CUT and CTC indicate that, according to specialized studies, 85 out of every 100 Colombian nationals with a permanent disability do not receive the rehabilitation that they need, in most cases due to lack of resources. Furthermore, a policy has not been formulated for the integration into work of persons with disabilities which combines elements for the harmonization of employment policy with access to employment opportunities under equality of conditions for persons with disabilities. The CUT and CTC emphasize the important role played by the case law of the Constitutional Court in protecting the labour rights of workers with disabilities, even though court decisions have not succeeded in promoting employability, but only in guaranteeing the employment stability of persons with disabilities. The CGT also comments on the failure to give effect to the existing legislation and indicates that broader awareness-raising measures are required in accordance with the needs of persons with disabilities. In the report received in August 2010, the Government provided full documentation on the comprehensive standards for the protection of disability, the methodological guide for the implementation of a comprehensive socio-employment model for persons with disabilities and a detailed table of the forums of enterprises established to facilitate intermediation between enterprises and persons with disabilities. In the reply received in May 2011, the Government indicates that it is endeavouring to include the theme of disability in its various programmes in a transversal manner, and particularly in the framework of the National Disability System. The Committee also notes a further report by the Government received in July 2011 in which it emphasizes the role played by the Ministry of Social Protection in coordinating public policy on disability and as the body responsible for the National Disability System. The report includes a review of the case law on the strengthening of employment stability to protect persons in a situation of vulnerability or who suffer from a serious health problem. The CUT and CTC, in further observations which were forwarded to the Government in September 2011, reiterate their concern regarding the application of the Convention. The trade unions called on employers to generate employment and provide stability for men and women workers with disabilities. The Government should also afford greater accessibility to workers with disabilities at the national, departmental and local levels. The Committee invites the Government to provide updated information in its next report on the results achieved by the national policy of vocational rehabilitation and employment for persons with disabilities in terms of their entry into the free labour market (Articles 2 and 3 of the Convention). In particular, the Committee requests the Government to indicate in its report the manner in which the representative organizations of employers and workers, as well as the representative organizations of persons with disabilities, are consulted on the matters covered by the Convention (Article 5). The Committee further requests the Government to provide with the report data disaggregated, in so far as possible, by age and gender, and taking into account the nature of the disability, as well as extracts from reports and summaries of inquiries as a basis for examining the manner in which the Convention is applied in practice (Part V of the report form for the Convention).

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The Committee notes the Government’s detailed report for the period ending May 2010, received on 30 August 2010. The Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC) formulated comments on the application of Convention No. 159, which the Office sent to the Government on 6 September 2010. The General Confederation of Labour (CGT) also formulated comments which the Office sent to the Government on 23 September 2010. In order to carry out a complete examination of the application of Convention No. 159, the Committee requests the Government to send its own comments concerning the observations received from the CUT, CTC and CGT.

[The Government is asked to reply in detail to the present comments in 2011.]

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The Committee notes with interest the Government's first report on the application of the Convention, and the report received in November 1992. Article 47 of the Political Constitution of 1991 provides that the State shall promote a policy of planning, rehabilitation and social integration for those who are physically or psychologically disabled, who shall receive the specialized attention that they need. Furthermore, measures have been adopted to give effect to the Convention, such as Decree No. 2177 of 21 September 1989. From the information that has been analysed, it appears that the provisions which have been adopted and the programmes which are planned are in conformity with the Convention. Nevertheless, the Committee would be grateful if the Government would include in its future reports the general information requested in Part V of the report form by supplying, in particular, statistics, extracts from reports and inquiries into the subject covered by the Convention. For example, the Government could include documentation on the work of the Coordinating Counsellor for the Rehabilitation and Employment of Disabled Persons and of the regional coordinating counsellors in order to enable the Committee to assess the manner in which effect is given in practice to Articles 2, 3, 7, 8 and 9 of the Convention.