Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Burkina Faso (Ratification: 1989)

Articles 2, 3 and 5 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s report received in August 2012, which contains information on the matters raised in its 2007 direct request. The Committee notes with interest the adoption of Act No. 012-2010/AN to protect and promote the rights of persons with disabilities and Decree No. 2009-530/PRES/PM/MTSS/MASSN/MS establishing the conditions of employment and training for persons with disabilities, of 30 April 2010 and 17 July 2009, respectively. In this regard, the Government indicates that the adoption of these texts has led to the implementation of a national strategy for the protection and promotion of persons with disabilities, accompanied by a three-year plan of action, adopted by the Council of Ministers in July 2012. Furthermore, at the same time, three decrees were also adopted respecting the conditions for issuing the disability card for persons with disabilities in Burkina Faso, the adoption of social health and education measures for persons with disabilities and the adoption of social measures for persons with disabilities in relation to employment, vocational training and transport. The Government adds that the Multi-Sectoral Committee for the Rehabilitation and Equality of Opportunity of Persons with Disabilities (COMUREC/Handicap) did not achieve the objectives assigned to it. In this respect, the Committee notes with interest the adoption of Decree No. 2012-406/PRES/PM/MASSN/MEF/MS establishing and determining the responsibilities, composition and functioning of the Multi-Sectoral National Council for the Protection and Promotion of the Rights of Persons with Disabilities in Burkina Faso (COMUD/Handicap), dated 15 May 2012. The Committee understands that the Council recently held its first ordinary sitting. The Committee invites the Government to provide information in its next report on the progress achieved in relation to the Convention through the implementation of the national strategy for the protection and promotion of persons with disabilities. The Committee therefore invites the Government to provide information on the activities of the COMUD/Handicap in relation to the matters covered by the Convention. It would be grateful to be able to examine information on the manner in which the representative organizations of employers and workers, as well as the representative organizations of and for persons with disabilities, are consulted in practice, particularly in the context of the COMUD/Handicap, on the implementation of the national strategy. It also requests the Government to indicate the impact of the measures adopted with a view to providing employment opportunities for persons with disabilities on the open labour market.

Article 4. Equality of opportunity and treatment between men and women workers with disabilities and other workers. In reply to the request made by the Committee to indicate the special positive measures taken with a view to guaranteeing effective equality of opportunity and treatment between men and women workers with disabilities and other workers, the Government reports on the legislative provisions prohibiting discrimination and the overall reform of the public administration. The Committee notes with interest that certain provisions of Act No. 012-2010/AN to protect and promote the rights of persons with disabilities envisage the adoption of measures, such as the reduction of fees for training provided by public structures (section 27), the raising of the statutory age limit for vocational training (section 28), the granting of additional time and special arrangements when passing the various exams and competitions (section 31), the introduction of a quota of jobs in the public sector (section 33) and in public and private enterprises (section 34). Furthermore, in accordance with section 8 of Decree No. 2009-530/PRES/PM/MTSS/MASSN/MS determining the conditions for the employment and training of persons with disabilities, any enterprise with 50 employees or more is required to reserve at least 5 per cent of its jobs for persons with disabilities holding a disability card. The Committee invites the Government to provide information in its next report on the implementation of the measures envisaged in the national legislation to guarantee effective equality of opportunity and treatment between men and women workers with disabilities and other workers.

Article 7. Evaluation and adaptation of vocational rehabilitation and employment services for persons with disabilities. In the report received in August 2012, the Government reiterates that state services do not have specific structures for the promotion of persons with disabilities and that they are not fully adapted to their vocational training needs, but that private action has resulted in the construction of a number of training centres for persons with disabilities. The Committee invites the Government to indicate in its next report the steps taken to ensure that state services will be provided to enable persons with disabilities to secure, retain and advance in employment.

Article 8. Rural areas and remote communities. The Government indicated previously that the whole of the national territory was covered by the implementation of the national policy for persons with disabilities, and that rural areas were therefore covered. It referred in this respect to the various associations of persons with disabilities and private bodies established and carrying out initiatives to provide education and vocational training to persons with disabilities. The Committee invites the Government to provide updated information on the measures adopted to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities, with an indication of the rural areas in which these services have been established, as well as particulars on their activities for persons with disabilities.

Article 9. Availability of qualified staff for persons with disabilities. The Committee once again invites the Government to provide information on any measures implemented, particularly in the context of the national strategy to protect and promote persons with disabilities adopted in July 2012, with a view to ensuring that suitably qualified vocational rehabilitation staff are made available to persons with disabilities.

Parts IV and V of the report form. Application of the provisions of the Convention in practice. The Government indicates that no studies or inquiries have been undertaken in relation to the Convention, although it refers to thematic reports on the socio-economic situation of persons with disabilities produced by the National Statistical and Demographic Institute (INSD). The Committee invites the Government to provide with its next report the information available on the application of the Convention, including statistical data on the employment of persons with disabilities, disaggregated, in so far as possible, by age, gender and the type of disability, as well as extracts from reports, studies and inquiries concerning the matters covered by the Convention.