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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Japan (Ratification: 1992)

Employment promotion for persons with disabilities. Consultation with representative organizations of employers and workers. The Committee notes the Government’s report received in September 2013, which includes information in reply to its 2011 comments. It also notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO), included in the Government’s report, and the observations made by the National Union of Welfare and Childcare Workers (NUWCW) received on 3 December 2012 and on 26 August 2013. The Committee notes that the Government’s reply to the 2012 observations of the NUWCW is included in its report. It also notes that the Bill to amend the Act on employment promotion of persons with disabilities was submitted to the Diet in April 2013 and enacted in June 2013. The Government indicates that the Labour Policy Council’s Subcommittee on Employment of Persons with Disabilities, which includes representatives of government, employers, workers and representatives of persons with disabilities, discussed the amendment of the legislation. The Government also indicates that the number of employed persons with disabilities has been increasing every year and June 2012 marked the highest, with 382,363 persons with disabilities employed in the private sector. The actual employment rate in private companies is 1.69 per cent which is the highest in history. Nevertheless, the JTUC–RENGO indicates that the rate of persons with disabilities in relation to the total number of employed persons stipulated in the Act on employment promotion of persons with disabilities is 2 per cent and that companies that meet the statutory requirement are around only half the total number. The JTUC–RENGO calls for further promotion to encourage greater policy enforcement. The NUWCW indicated in December 2012 that it had expected the repeal of the Services and Support for Persons with Disabilities Act (SSPDA) and the adoption of a new law that would reflect the voices of persons with disabilities. It added that despite the strong opposition from many persons with disabilities and relevant stakeholders, the Act on comprehensive support for persons with disabilities was adopted and is based on the conventional SSPDA. The NUWCW indicates that the new law remains significantly far from the philosophy of ILO Conventions and Recommendations and the UN Convention on the Rights of Persons with Disabilities. Moreover, the Committee notes from the observations made by the NUWCW that persons with disabilities and labour organizations have been participating in study groups to deliberate on employment policies for persons with disabilities; however, the NUWCW was not chosen to participate in discussions. The Committee invites the Government to provide an evaluation of the employment measures for persons with disabilities in terms of increasing the employment opportunities of these persons in the open labour market. It also invites the Government to include in the evaluation process representatives of organizations of and for persons with disabilities as well as of the social partners. Please also provide examples of how the views and concerns of representatives of the relevant stakeholders are taken into account in the formulation and implementation of the policy on vocational rehabilitation and employment of persons with disabilities.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee recalls that it was entrusted to follow up on the application of the Convention with regard to the questions raised in the representation made under article 24 of the ILO Constitution alleging non-observance by Japan of Convention No. 159. The report of the tripartite committee established to examine the representation was approved by the ILO Governing Body at its 304th Session, in March 2009 (document GB.304/14/6). In reply to the Committee’s previous comments, the Government provides in its report received in September 2013 information on the implementation and results of employment measures for persons with disabilities. The Committee notes the observations formulated by the NUWCW on 26 August 2013 and transmitted to the Government on 29 August 2013, which describe unresolved issues raised in the article 24 representation. The Committee invites the Government to provide its own observations on the issues raised by the NUWCW. The Committee intends to examine the Government’s report, including the observations made by the NUWCW, at its next session in 2014.

[The Government is asked to reply in detail to the present comments in 2014.]