Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Nigeria (Ratification: 2010)

The Committee notes the Government’s first report on the application of the Convention received in June 2013. It notes the Government’s indications concerning a draft Bill currently before the National Assembly in which disability is defined as “[a] long-term physical, mental, intellectual or sensory impairment, which in interaction with various barriers may hinder full and effective participation in society on equal basis with others”. The Committee invites the Government to continue to provide information on any development which may result in the adoption of the abovementioned draft legislation (Article 1 of the Convention).

Article 2. National policy. The Committee notes that section 2(1) of the Nigerians with Disability Decree of 1993 imposes the duty and responsibility of organs of government and of all authorities and persons to adopt and promote policies that will ensure full integration of persons with disabilities into mainstream society. The Government indicates in its report that the aim of the National Policy on Rehabilitation of Persons with Disabilities is to ensure the effective training, rehabilitation and eventual integration of persons with disabilities. The Committee invites the Government to provide further information on the manner in which the National Policy on Rehabilitation of Persons with Disabilities is being implemented and periodically reviewed (Article 2). Please also provide relevant information on the application of the Convention in practice, including statistical information disaggregated, as much as possible, by age, sex and nature of the disability, as well as extracts from reports and studies or inquiries on the matters covered by the Convention (Part V of the report form).

Article 3. Promoting opportunities in the open labour market. The Committee notes that the promotion of employment of persons with disabilities, both in the formal and informal sector, as well as the establishment of shelter employment for persons with disabilities who because of their disability or special needs are unable to obtain, keep or cope with the demands of a job in a competitive labour market have been included among the implementation strategies of the National Policy on Rehabilitation of Persons with Disabilities. The Government further indicates that it has ensured that both public and private sectors incorporate the interest of the persons with disability in their employment policies. The Committee invites the Government to further describe the impact of the measures adopted with a view of providing employment opportunities for persons with disabilities in the open labour market.

Article 4. Equality of opportunity and treatment. The Committee notes that both the Nigerians with Disabilities Decree of 1993 and the National Employment Policy of 2003 provide for the creation of specific quotas for persons with disabilities. The Committee invites the Government to indicate the impact of any special positive measures aimed at effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers.

Article 5. Consultations. The Government indicates in its report that, since its ratification of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), its agencies involve both the employers’ and workers’ organizations in the deliberation on matters pertaining to the welfare of their members. The Government further indicates that the Joint National Association of Persons with Disabilities (JONAPAD) is also involved in deliberations concerning its members. The Committee invites the Government to further describe in its next report the manner in which representative organizations of employers and workers, and representative organizations of and for persons with disabilities are consulted in practice regarding the implementation of the vocational rehabilitation and employment policy for persons with disabilities.

Article 7. Services for persons with disabilities. The Committee notes that the National Employment Policy includes the promotion of job-entry schemes that give equal opportunities to persons with disabilities to compete for jobs as long as they possess the necessary qualification; to that effect, an effective placement scheme is to be put in place by the Ministry of Employment, Labour and Productivity. Furthermore, the Government indicates that the Nigerian Farmcraft Centre for the blind serves as an avenue for training and placement. The Committee invites the Government to describe additional measures taken or envisaged with a view to providing and evaluating vocational guidance and vocational training services for persons with all types of disabilities, and to indicate whether existing services for workers generally are being used with necessary adaptations.

Article 8. Rural areas and remote communities. The Government indicates in its report that it has embraced the concept of community-based vocational rehabilitation services across the nation. Furthermore, 300 persons with disabilities were trained in 2012 on different skills and a fund was disbursed through state governments for the purchase of materials to establish businesses of their own. The National Policy on Rehabilitation of Persons with Disabilities, on the other hand, finds that services enjoyed by persons with disabilities in urban areas are not readily available in most rural areas. The Committee invites the Government to provide information regarding the application of the Convention in rural areas and remote communities.

Article 9. Qualified staff for persons with disabilities. The Committee notes that, under section 5(2)(1) of the Nigerians with Disabilities Decree of 1993, government organs and authorities should ensure adequate training for personnel to cater for the educational development of the disabled in educational institutions. The Government’s report refers to the establishment of the Federal School of Social Work at Emene, Enugu, to train rehabilitation officers and counsellors. The Committee would welcome information on the number of persons trained and made available to persons with disabilities.