Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Côte d'Ivoire (Ratification: 1999)

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

Articles 2 and 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the relevant provisions of Decree No. 2018-456 of 9 May 2018 concerning the employment of persons with disabilities in the private sector (sections 3 to 10), particularly those under section 3, which establish that “access to employment is a recognized right for persons with disabilities. Discrimination of any kind, whether in terms of access to employment or vocational training for persons with disabilities, is prohibited”. It also notes that section 9 of the above-mentioned Decree stipulates that “where the professional performance of persons with disabilities is significantly impaired, as determined by the competent authorities, the employers must reassign them to positions better suited to their disability”. The Committee recalls that Paragraph 7 of the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168), recommends that persons with disabilities should enjoy equality of opportunity and treatment in respect of access to, retention of and advancement in employment which, wherever possible, corresponds to their own choice and takes account of their individual suitability for such employment. The Committee recalls that both accessibility and reasonable adaptations are essential for the achievement of substantive equality of opportunity and treatment in employment and occupation for persons with disabilities, so that they may effectively exercise their fundamental right to full participation and integration into social and economic life (General Survey 2020, Promoting employment and decent work in a changing landscape, paragraph 691). In this regard, it notes that the Government does not provide information on the measures taken or contemplated to ensure that all the provisions of the above-mentioned Decree, in particular sections 3 and 9, are in conformity with the Convention, which envisages that the worker concerned may retain their employment with reasonable adaptations. Concerning the national policy for persons with disabilities, the Government reiterates that the national policy and action plan for persons with disabilities are being finalized. With regard to possible penalties provided for by the 2015 Labour Code, the Committee notes the provisions under section 12.2 on the obligation of employers to reserve a quota of jobs for persons with disabilities who have the required professional qualification. Concerning the public sector, the Committee notes that, between 2018 and 2020, 558 persons with disabilities entered the public service through the job quota system. In view of the provisions under section 9 of Decree No. 2018-456 of 9 May 2018, which do not expressly require employers to proceed with the necessary reasonable adaptations, the Committee requests the Government to provide information on the legislative framework and the measures taken to ensure effective equality of opportunities and treatment in employment and occupation in practice in the public and private sectors between women and men with disabilities, and between workers in general and workers with disabilities, including measures to make reasonable adaptations. The Committee also requests the Government to continue to provide detailed and updated information, including statistics disaggregated by sex, age and occupation, on the impact of the measures adopted to promote employment opportunities for persons with disabilities in the open labour market in both the public and private sectors. The Committee invites the Government to keep the Office informed of any progress achieved in the process to adopt the national policy and the corresponding plan of action for persons with disabilities.

Article 4. Equality of opportunity and treatment. The Government indicates that the draft Decree on access to employment for persons with disabilities in the public service is in the process of being adopted. It furthermore indicates that special positive measures are implemented to ensure equality of opportunity and treatment for workers with disabilities and workers in general, in particular through exemptions for recruitment in the public service for persons with disabilities. In this regard, the Committee notes that, according to the information available on the Government’s official portal, until April 2022, around 1,706 persons with disabilities entered the public service on the basis of an exemption. The Government further indicates that that the draft compendium of skills for persons with disabilities, which will provide employers with a list of categories of persons with disabilities for potential recruitment, is in the process of being implemented. The Committee requests the Government to provide information on the progress of the draft Decree on access to employment for persons with disabilities in the public service and to provide a copy of the draft Decree as soon as it is adopted. The Committee also requests the Government to provide detailed and updated information on the implementation of the draft compendium. The Government is also requested to provide information on the impact of the recruitment exemption, in particular statistics disaggregated by sex, age and occupation, in terms of the number of persons with disabilities who have entered the public service by means of this exemption.

Article 5. Consultation of the social partners. The Government indicates that the process to adopt draft texts for the establishment of the technical guidance and reclassification committees (COTOREP) in the public and private sectors is under way. In this regard, the Committee notes with interest that, according to the information available on the Government’s official portal, in September 2021, the Council of Ministers adopted two decrees on behalf of the Ministry of Employment. The first decree establishes the technical guidance and occupational reclassification committee for persons with disabilities in the public sector. The second decree establishes the technical guidance and occupational classification committee for persons with disabilities in the private sector. It also notes that the purpose of these two decrees is to guarantee the right to employment for persons with disabilities, and the right to occupational reclassification of workers with disabilities, in both the public and private sector, in order to promote their social inclusion. Concerning the participation of the social partners, the Committee notes that, according to the information available on the Government’s official portal, professionals from different sectors, including organizations of persons with disabilities, are participating in the implementation of the Government’s social inclusion policy. The Committee notes, however, that the Government’s report does not contain any information on the consultations conducted with the social partners. The Committee requests the Government to provide information on the manner in which organizations of workers and employers and also representative organizations of and for persons with disabilities are consulted with regard to the implementation of the Government’s social inclusion policy. The Committee also requests the Government to provide detailed and updated information on the creation of the technical guidance and occupational reclassification committees for persons with disabilities (COTOREP) in the public and private sectors, especially in terms of the integration of persons with disabilities into sustainable employment.

Article 8. Services accessible in rural areas and remote communities. The Government reports on the progress achieved with regard to the resumption of activities under the Community Rehabilitation Programme, particularly in relation to the implementation of the inclusive education project. It indicates that the project was launched on 1 June 2017 for a period of three years but was extended by one year due to the health crisis arising from the COVID-19 pandemic in 2020. The Committee notes that the implementation of the inclusive education project allowed for the creation of 30 inclusive schools (as opposed to two in the past) in Abidjan and in the interior of the country. It also notes that the implementation of the project facilitated the acquisition of equipment and the training of 150 teachers, with a view to improving the support and assessment of children with disabilities. The Committee requests the Government to continue to provide information on the activities of the Community Rehabilitation Programme, and on the impact of these activities in terms of the improvement of access for persons with disabilities in rural areas and remote communities to education and vocational guidance and training, as well as recruitment and placement services.

Article 9. Training of suitably qualified staff. Regarding vocational rehabilitation, the Government indicates that the purpose of the Prosthetics and Functional Re-education Centre (CARF), which is managed by the National Social Insurance Fund (CNPS), is to produce the prosthetic and orthotic devices required for rehabilitation and re-education, and to provide functional re-education. It also indicates that CARF has highly qualified staff and state-of-the-art technical facilities, which are open to all persons having undergone amputations or with reduced mobility, including persons injured in the workplace, insured and non-insured persons, and both adults and children. The Committee requests the Government to provide detailed and updated information on any measures taken or contemplated to ensure the training and availability, for those interested, of an adequate number of rehabilitation advisors, and other qualified staff responsible for vocational guidance and training, and the posting of persons with disabilities on the open labour market.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 2 and 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. In reply to the Committee’s previous comments, the Government indicates that the national policy paper for persons with disabilities and its action plan have not yet been adopted. However, it adds that certain activities described in the paper have already been implemented. The Government refers to: the recruitment of persons with disabilities to the public service on the basis of special regulations, under which 158 persons were recruited in 2018; the socio-economic integration of persons with disabilities via the National Vocational Training Agency (AGEFOP) and the Côte d’Ivoire Enterprise and Development Organization (CIED); the establishment of the Ivorian National Institute for the Promotion of Blind Persons (INIPA); and the setting up of integrated training units in the various regional directorates for inclusive education. The Committee notes the adoption in May 2018 of Order No. 2018-456 of 9 May 2018, concerning the employment of persons with disabilities in the private sector. In this regard, the Committee notes that, under section 9 of the Order, employers must redeploy persons with disabilities to jobs which are better suited to their disability, in cases where their output is significantly diminished and verified by the competent authorities. The Committee recalls that Paragraph 7 of the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168), recommends that disabled persons should enjoy equality of opportunity and treatment in respect of access to and retention of employment which, wherever possible, corresponds to their own choice and takes account of their individual suitability for such employment, subject to reasonable adaptation, and enables them to advance in that employment. The Committee therefore requests the Government to indicate the measures taken or contemplated to ensure that all the provisions of the abovementioned Order are in conformity with the Convention. It once again requests the Government to send a copy of the national policy paper and its action plan and information on their implementation and results when they have been adopted. The Committee once again requests the Government to send detailed information on the content of section 12(2) of the Labour Code of 2015, including possible penalties, and also details of the number of persons with disabilities who have obtained employment through the quota system. It also once again requests the Government to send detailed information on the application of the Convention in practice, including statistics disaggregated by sex and age, and extracts from reports, studies or surveys on matters covered by the Convention.

Article 4. Equality of opportunity and treatment. The Government indicates that in practice some employers are reluctant to hire persons with disabilities because of the additional costs that might arise from the new arrangements to be made by the enterprise to improve their working conditions, such as improving access to buildings and adapting the workplace. In this respect, the Committee notes that, under section 6 of the abovementioned Order No. 2018-456, the costs of adaptation of the workplace must be borne by the employer. In its General Survey on vocational rehabilitation and employment of disabled persons, 1998, paragraph 196, the Committee observes that, among appropriate measures to create employment opportunities on the open labour market, Paragraph 11(a) of Recommendation No. 168 refers to financial incentives to employers to encourage them to make reasonable adaptations to workplaces, job design, tools, machinery and work organization to facilitate disabled persons’ training and employment. Financial assistance for the adaptation of workplaces may also include the award of credits or tax reductions to employers. The Government also indicates that a draft decree concerning access to employment for persons with disabilities in the public service is in the process of being adopted. In this context, it indicates that a project is under way to produce a compendium of skills in relation to persons with disabilities, which will provide employers with a list of categories of persons with disabilities for potential recruitment. The Committee requests the Government to keep it informed of developments regarding the draft decree concerning access to employment for persons with disabilities in the public service and to send a copy of the decree when it has been adopted. It once again requests the Government to provide information on the application of section 4 of the Labour Code in practice and requests it to continue providing information on the special positive measures taken or contemplated to ensure equality of opportunity between workers with disabilities and other workers. The Committee also requests the Government to provide detailed information on the abovementioned compendium, including on selection criteria.

Article 5. Consultation of the social partners. The Government indicates that the decree concerning technical guidance and reclassification committees (COTOREP) will be sent to the Committee when it has been adopted. It points out that, although the national policy paper for persons with disabilities had not yet been adopted, it serves as a basis for discussions in meetings with the social partners concerned and for decisions to be made for this disadvantaged population group. The Government adds that it is planned to set up two of the abovementioned technical committees, one for the public sector and one for the private sector. The Committee expresses the hope that the Government will soon be in a position to send the text of the abovementioned decree when it has been adopted. It once again requests the Government to send more detailed information on the consultations held with the social partners, and with representative organizations of and for persons with disabilities on the implementation of the national policy for persons with disabilities and its action plan. The Committee also requests the Government to keep it informed of developments regarding the setting up of the technical guidance and reclassification committees in the public and private sectors.

Article 8. Services accessible in rural areas and remote communities. The Government reiterates that the “Community rehabilitation programme” has been unable to resume its activities for lack of funding. However, it adds that this programme is used by certain non-governmental organizations (NGOs) and partner associations in the implementation of their activities. The Government explains that all the measures relating to vocational rehabilitation are set out in the draft decree concerning the technical guidance and reclassification committee for the private sector and that these measures will be reported to the Committee when the decree has been adopted. The Committee requests the Government to provide information in its next report on all progress made relating to the resumption of the activities of the “Community rehabilitation programme”. It also requests the Government to provide information on all developments regarding the adoption of the decree concerning the technical guidance and reclassification committee for the private sector. The Committee therefore once again requests the Government to specify the measures taken or contemplated to promote the establishment and 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 although the national policy for persons with disabilities has not yet been adopted, it has made suitably qualified vocational rehabilitation staff available to persons with disabilities, including specialist educational staff, doctors specializing in physiotherapy and specialist teachers who are regularly trained by the National Institute of Social Training (INFS). The Committee requests the Government to supply detailed information on the measures taken to ensure that suitably qualified vocational rehabilitation staff are made available to persons with disabilities.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2 and 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. In its previous comments, the Committee invited the Government to provide information on the implementation of the national policy for persons with disabilities. The Government indicates in its report that the national policy document was drawn up and approved in the context of social dialogue and the approved document was sent to the ministries concerned for a second reading before being consolidated. The Government adds that the plan of action related to the national policy was finalized and approved according to the same procedure as that implemented for the policy. The strategic guidelines of the policy for persons with disabilities were then included in the National Development Plan 2016–20. As regards the integration of persons with disabilities into the job market, the Government indicates that since 1997 the State has placed about 1,000 persons with disabilities in the public service, of which 300 (210 men and 90 women) were recruited in 2015. The Government adds that the renewal of infrastructure to cater for persons with disabilities is a priority backed by the National Development Plan 2016–20 and the National Social Protection Strategy, which was revised in 2016. The Government adds that section 12.2 of the Labour Code of 2015 introduced the obligation on employers to reserve a quota of jobs for persons with disabilities possessing the required qualifications. The Committee requests the Government to send a copy of the national policy and the related plan of action, and also information on their implementation. It requests the Government to send further details on the content of section 12.2 of the Labour Code of 2015, including possible sanctions as well as details on the number of persons with disabilities who have obtained jobs through the quota system. The Committee also requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics disaggregated by sex, extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Article 4. Equality of opportunity and treatment. The Government indicates that section 4 of the Labour Code of 2015 prohibits discrimination at work on the basis of disability “in particular with regard to recruitment, methods and distribution of work, vocational training, advancement, promotion, remuneration, social benefits, discipline or contract termination”. The Committee recalls once again that the primary goal of “special positive measures”, as defined by Article 4 of the Convention, is to enable persons with disabilities to benefit from vocational rehabilitation services in the broad sense, including during the performance of their work. The Committee also notes that Côte d’Ivoire ratified the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol in January 2014. The Committee requests the Government to provide information on the application in practice of section 4 of the Labour Code and on any special positive measures implemented or contemplated to ensure equality of opportunity and treatment between persons with disabilities and other workers.

Article 5. Consultation of the social partners. The Government indicates that the most representative organizations of employers and workers – namely, the General Confederation of Enterprises of Côte d’Ivoire (CGECI) and the Federation of Workers with Disabilities of Côte d’Ivoire (FOTRAHCI) – have participated in activities aimed at implementing the national policy for persons with disabilities and its related plan of action. The Committee notes that the preliminary draft decree governing the establishment, structure and operation of the Technical Committee for Vocational Guidance and Reclassification (COTOREP) has been submitted to the competent authorities for adoption. The Committee requests the Government to send a copy of the text of the aforementioned decree, once it has been adopted. It also requests the Government to send further details of the consultations held with the social partners and with the organizations representing or composed of persons with disabilities concerning the implementation of the national policy for persons with disabilities and its plan of action.

Article 8. Services in rural areas. The Government indicates that the Community Rehabilitation Programme has been drawn up and approved but has been unable to start operating for lack of funding. The Committee therefore requests the Government to provide information on any developments relating to the launch of the activities of the Community Rehabilitation Programme. The Committee requests the Government once again to specify the measures taken or contemplated to promote the establishment and 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 Committee requests the Government once again to supply information on the implementation of the national policy for persons with disabilities, particularly as regards measures taken to ensure that suitably qualified vocational rehabilitation staff are made available to persons with disabilities.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s report submitted in reply to the points raised in its direct request of 2011. The Government reports on the adoption of the national policy for persons with disabilities and the formulation of the national strategic plan during a seminar held in November 2012. Moreover, the Government indicates that a workshop took place in July 2013 in order to finalize and validate the plan. The workshop added the definition and validated government action for implementation of the strategic components of the national policy. The Committee invites the Government to provide information in its next report on the implementation of the national policy for persons with disabilities. It also invites the Government to provide details of vocational rehabilitation and employment programmes and their results, in terms of employment opportunities for persons with disabilities. The Committee trusts that the Government will be in a position to provide information in its next report on the application of the Convention in practice, including, for example, statistics disaggregated by sex, extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

Article 4. Equality of opportunities and treatment. The Committee notes the measures contemplated in the context of the draft decree relating to the employment of persons with disabilities concerning arrangements for facilitating access to the workplace and regarding wage equality. The Committee recalls that “special positive measures”, as defined by Article 4, are primarily intended to enable persons with disabilities to benefit from vocational rehabilitation services in the broad sense, namely including during the performance of their work. The Committee invites the Government to indicate whether special positive measures are envisaged, especially in the private sector, to ensure equality of opportunity between workers with disabilities and other workers. It hopes that the Government will be in a position to indicate how equality of treatment is ensured in practice, particularly regarding wages, for persons with disabilities and other workers.

Article 5. Consultation of the social partners. The Government states that it is planned to establish by decree a technical committee for vocational guidance and reclassification (COTOREP) and an inter-ministerial coordinating committee for adaptation and rehabilitation. In addition, the Committee notes that the Government reports on the participation of technical ministries, organizations of persons with disabilities and all other parties involved in providing care for persons with disabilities during the validation workshop held in July 2013. The Committee invites the Government to specify the representative employers’ and workers’ organizations which participated in the activities designed for implementing the national policy and the strategic plan. It also invites the Government to indicate the composition of the technical committee for vocational guidance and reclassification.

Article 8. Services in rural areas. The Committee notes the Government’s indications concerning the revival of the community rehabilitation programme (RBC) and the formulation and internal validation of the RBC policy document on the basis of new directives from the World Health Organization. The Committee invites the Government to supply information in its next report on the progress made with regard to the revival of the community rehabilitation programme and to specify the measures taken to promote the establishment and 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 the national policy for persons with disabilities provides for reinforcement of the numbers and capacities of health and rehabilitation professionals. The Committee invites the Government to supply information on the implementation of the national policy with regard to measures taken to ensure that suitably qualified vocational rehabilitation staff are made available to persons with disabilities.

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

Articles 2 and 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s report submitted in reply to the points raised in its direct request of 2011. The Government reports on the adoption of the national policy for persons with disabilities and the formulation of the national strategic plan during a seminar held in November 2012. Moreover, the Government indicates that a workshop took place in July 2013 in order to finalize and validate the plan. The workshop added the definition and validated government action for implementation of the strategic components of the national policy. The Committee invites the Government to provide information in its next report on the implementation of the national policy for persons with disabilities. It also invites the Government to provide details of vocational rehabilitation and employment programmes and their results, in terms of employment opportunities for persons with disabilities. The Committee trusts that the Government will be in a position to provide information in its next report on the application of the Convention in practice, including, for example, statistics disaggregated by sex, extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

Article 4. Equality of opportunities and treatment. The Committee notes the measures contemplated in the context of the draft decree relating to the employment of persons with disabilities concerning arrangements for facilitating access to the workplace and regarding wage equality. The Committee recalls that “special positive measures”, as defined by Article 4, are primarily intended to enable persons with disabilities to benefit from vocational rehabilitation services in the broad sense, namely including during the performance of their work. The Committee invites the Government to indicate whether special positive measures are envisaged, especially in the private sector, to ensure equality of opportunity between workers with disabilities and other workers. It hopes that the Government will be in a position to indicate how equality of treatment is ensured in practice, particularly regarding wages, for persons with disabilities and other workers.

Article 5. Consultation of the social partners. The Government states that it is planned to establish by decree a technical committee for vocational guidance and reclassification (COTOREP) and an inter-ministerial coordinating committee for adaptation and rehabilitation. In addition, the Committee notes that the Government reports on the participation of technical ministries, organizations of persons with disabilities and all other parties involved in providing care for persons with disabilities during the validation workshop held in July 2013. The Committee invites the Government to specify the representative employers’ and workers’ organizations which participated in the activities designed for implementing the national policy and the strategic plan. It also invites the Government to indicate the composition of the technical committee for vocational guidance and reclassification.

Article 8. Services in rural areas. The Committee notes the Government’s indications concerning the revival of the community rehabilitation programme (RBC) and the formulation and internal validation of the RBC policy document on the basis of new directives from the World Health Organization. The Committee invites the Government to supply information in its next report on the progress made with regard to the revival of the community rehabilitation programme and to specify the measures taken to promote the establishment and 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 the national policy for persons with disabilities provides for reinforcement of the numbers and capacities of health and rehabilitation professionals. The Committee invites the Government to supply information on the implementation of the national policy with regard to measures taken to ensure that suitably qualified vocational rehabilitation staff are made available to persons with disabilities.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Effective implementation of the provisions of the Convention. The Committee notes the comments from the General Confederation of Enterprises of Côte d’Ivoire (CGECI) which were forwarded to the Government in January 2011. The CGECI states that it has not been involved in the examination of the draft concerning the composition, structure and operation of the Technical Committee on Occupational Guidance and Reclassification (COTOREP) and the draft concerning the establishment, structure and operation of the fund for the promotion and integration of persons with disabilities. The CGECI also indicates that it is not opposed to the recruitment of persons with disabilities and invites the Government to develop incentives for increasing such recruitment by enterprises in the private sector. The Government indicated in its previous report that eight draft decrees had been prepared and submitted for signature to enable the application of the Framework Act of 10 November 1998 in favour of persons with disabilities. The Committee requests the Government to provide information in its next report on the progress achieved in the effective implementation of the draft decrees implementing the Framework Act of 10 November 1998, in order to ensure effective application of the provisions of the Convention.

Articles 2 and 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. The Government previously indicated that the document concerning the national policy for persons with disabilities had been drawn up, finalized and was awaiting validation before its adoption and implementation. The Committee requests the Government to supply information in its next report on the progress achieved with regard to the implementation of the document on the national policy for persons with disabilities. It also requests the Government to provide details of vocational rehabilitation and employment programmes and their results, in terms of employment opportunities for persons with disabilities. The Committee trusts that the Government will be in a position in its next report to provide relevant, up-to-date information on the application of the Convention in practice, including, for example, statistics disaggregated by sex, extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

Article 4. Equality of opportunities and treatment. The Government previously indicated that the adoption of the decree concerning employment for persons with disabilities in relation to Framework Act No. 98-594 (section 14) might represent the beginning of a solution, inasmuch as it stipulates that wages for the recipients of compulsory employment measures may not be less than those resulting from legal or regulatory provisions or from the collective agreement or accord. However, where the occupational output of the persons concerned is manifestly reduced, reductions in wages may be authorized according to conditions laid down by regulation. The Committee requests the Government to indicate whether special positive measures are envisaged, especially in the private sector, to ensure equality of opportunity between workers with disabilities and other workers. It hopes that the Government will be in a position to indicate how equality of treatment is ensured, particularly regarding wages for persons with disabilities and other workers, by providing specific information on any regulation implementing section 14 of the abovementioned Decree, particularly its part dealing with exemptions.

Article 5. Consultation of the social partners. The Government previously indicated that since the establishment in 2003 of the Directorate for the Promotion of Persons with Disabilities (DPPH), cooperation with the CGECI and support structures for persons with disabilities had improved substantially. The Committee requests the Government to supply information on the manner in which the representative employers’ and workers’ organizations participate in the consultations required by the Convention. It also requests the Government to indicate whether the representative organizations of or for disabled persons are consulted in practice regarding the implementation of a vocational rehabilitation and employment policy for persons with disabilities.

Article 8. Services in rural areas. The Government previously indicated that the community rehabilitation programme in seven localities was effective from 1990 to 1996 but since then had been discontinued for lack of funds and would resume in 2011. The Committee requests the Government to supply information in its next report on the progress achieved with regard to the revival of the community rehabilitation programme and to describe the measures taken in the context of this programme to promote the establishment and 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 previously indicated that the task of training trainers had been assigned to the National Social Training Institute (INFS); 225 specialist instructors and 61 special education teachers had been trained in methods and techniques for the care of persons with disabilities. The Government also stated that, with regard to in-service training for social workers, only the reinforcement of staff capacities in the areas of sign language and Braille script at the Ivorian School for the Deaf (ECIS) and the Ivorian National Institute for the Blind (INIPA) was taken care of by the DPPH. The Committee requests the Government to supply information on the measures taken to ensure that suitably qualified vocational rehabilitation staff are made available to all persons with disabilities.

[The Government is asked to reply in detail to the present comments in 2013.]

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

Effective implementation of the provisions of the Convention. The Committee notes the information supplied in the Government’s report received in June 2010, in reply to the direct request of 2007. The Government indicates that eight draft decrees have been prepared and submitted for signature to enable the application of the Framework Act of 10 November 1998 in favour of persons with disabilities. The Committee notes that the process for the signature of these draft decrees is still in progress owing to the socio-political instability experienced by the country. The Committee requests the Government to provide information in its next report on the progress achieved in the effective implementation of the draft decrees implementing the Act of 10 November 1998, in order to ensure effective application of the provisions of the Convention.

Articles 2 and 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. The Government indicates that the document concerning the national policy for persons with disabilities has been drawn up, finalized and is awaiting validation before its adoption and implementation. The Committee hopes that the Government will be in a position in its next report to supply information on the progress achieved in implementing the document on the national policy for persons with disabilities. It also requests the Government to provide further information on vocational rehabilitation and employment programmes and their results, in terms of employment opportunities for persons with disabilities. The Committee trusts that the Government will be in a position in its next report to provide relevant, up-to-date information on the application of the Convention in practice, including, for example, statistics, extracts from reports and studies or inquiries on the matters covered by the Convention (Part V of the report form).

Article 4. Equality of opportunities and treatment. The Government indicates that, with regard to wages for workers with disabilities compared with those of other workers, no data relating to the private sector are available. The Government points out that the General Confederation of Enterprises of Côte d’Ivoire took part in the preparation of a draft decree on the employment of persons with disabilities but that private enterprises showed some reluctance to employ persons with disabilities, while never referring to disability as the reason for refusal to recruit. As regards the public sector, wages for persons with disabilities recruited on the basis of an exemption, currently numbering 667 persons, depend on the various salary scales existing in the public service. The Government considers that the available information does not point to any discrimination in the area. The Committee requests the Government to indicate whether special positive measures are contemplated, particularly in the private sector, to ensure equality of opportunity between persons with disabilities and other workers. As regards the issue of equality of treatment in wages between persons with disabilities and other workers, the Government states that the adoption of the decree concerning employment for persons with disabilities in relation to Framework Act No. 98-594 (section 14) might represent the beginnings of a solution, in as much as it stipulates that wages for the recipients of compulsory employment measures may not be less than those resulting from legal or regulatory provisions or from the collective labour agreement or accord. However, where the occupational output of the persons concerned is manifestly reduced, reductions in wages may be authorized according to conditions laid down by regulation. The Committee hopes that the Government will be in a position to indicate how equality of treatment is ensured, particularly regarding wages for persons with disabilities and other workers, by providing specific information on any regulation implementing section 14 of the abovementioned Decree, particularly in its part dealing with exemptions.

Article 5. Consultation of the social partners. The Government indicates that, since the establishment in 2003 of the Directorate for the Promotion of Persons with Disabilities (DPPH), cooperation with the General Confederation of Enterprises of Côte d’Ivoire and structures for the support of persons with disabilities have improved substantially. The Committee requests the Government to continue to supply information on the manner in which the representative employers’ and workers’ organizations participate in the consultations required by the Convention. It also requests the Government to indicate whether the representative organizations of or for disabled persons are consulted in practice regarding the implementation of a vocational rehabilitation and employment policy for persons with disabilities.

Article 8. Services in rural areas. The Government indicates that the community rehabilitation programme in seven localities was effective from 1990 to 1996 but since then has been discontinued for lack of funds and will resume in 2011. The Committee requests the Government to supply information in its next report on the progress achieved with regard to the revival of the community rehabilitation programme and to describe the measures taken in the context of this programme to promote the establishment and 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 the task of training trainers has been assigned to the National Social Training Institute (INFS); 225 specialist instructors and 61 special education teachers have been trained in methods and techniques for the care of persons with disabilities. The Government also states that, with regard to in-service training for social workers, only the reinforcement of staff capacities in the areas of sign language and Braille script at the Ivorian School for the Deaf (ECIS) and the Ivorian National Institute for the Blind (INIPA) is taken care of by the Directorate for the Promotion of Persons with Disabilities. The Committee requests the Government to continue to supply information on the measures taken to ensure that suitably qualified vocational rehabilitation staff are made available to persons with disabilities.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Effective implementation of the provisions of the Convention. The Government indicates in its report received in May 2007 that, in the context of the implementation of the Convention, several decrees implementing Framework Act No. 98-594 of 10 November 1998 for persons with disabilities have been drawn up and are in the process of being signed. The Committee trusts that the decrees implementing the Act of 10 November 1998 will be implemented soon to ensure the effective application of the provisions of the Convention, in particular Articles 2, 4 and 5. The Government is requested to continue to provide information in its next report on any developments in this regard.

2. Articles 2 and 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the measures implemented, in particular by the Directorate for Mutual Insurance and Social Affairs in the School Environment (DMOSS) of the Ministry of National Education, to promote access to education and training for children and young persons with disabilities. With regard to the vocational training of persons with disabilities, the Government refers to the actions implemented, in particular, by the Agency for Employment and Vocational Training (AGEFOP), the Vocational Training and Development Fund (FDFP) and the Agency for Employment Studies and Promotion (AGEPE), which has conducted a study on the identification of the training and integration needs of persons with disabilities, the results of which are about to be assessed. The Government indicates that much remains to be done with regard to the economic integration of persons with disabilities, and that a national policy document on persons with disabilities is being drawn up by the Ministry for the Family, Women and Social Affairs. The Committee also notes Decree No. 2003-383 of 9 October 2003 defining the structure of the Ministry for Solidarity, Social Security and Persons with Disabilities and, in particular, the Ministry’s seven social programmes contained in the annex. The Committee requests the Government to provide in its next report the documents relating to its national policy on persons with disabilities, to indicate the vocational rehabilitation and employment measures adopted in the context of the national policy on persons with disabilities, and to provide information on the results of the social programmes implemented.

3. Article 4. Effective equality of opportunity and treatment between workers with disabilities and other workers. The Committee notes that, in reply to its previous comments, the Government indicates that the first step towards achieving the objectives of Article 4 of the Convention is section 14 of the Decree on the employment of persons with disabilities, which is about to be signed and which provides that “the wage of the beneficiaries of the employment obligation may not be below that resulting from the laws or regulations or from the collective labour agreement. However, where the work performance of the persons concerned is manifestly reduced, wage reductions may be authorized under conditions established by regulation”. Recalling that Article 4 of the Convention requires a national policy on the vocational rehabilitation and employment of persons with disabilities based on the principle of equal opportunity and treatment between workers with disabilities and other workers, the Committee requests the Government to indicate how equality of treatment between workers with disabilities and other workers is ensured, particularly in terms of wages, by providing information on any regulations likely to be adopted under section 14 of the abovementioned Decree. Noting the Government’s indication that, pending the signature of the Decree on the employment of persons with disabilities providing for a quota of 3 per cent per year for the hiring of workers with disabilities, the special recruitment, without competition, of 337 persons with disabilities to decent and stable employment in the civil service has been authorized, the Committee requests the Government to continue to provide information on any other special positive measures adopted with a view to ensuring the effective equality of opportunity and treatment between workers with disabilities and other workers.

4. Article 5. Consultation of social partners. The Committee refers to its direct request of 2004 in which it noted that the employers’ and workers’ organizations, as well as the representative organizations of and for persons with disabilities, do not seem to be consulted on the implementation of the national policy on the vocational rehabilitation and employment of persons with disabilities. The Committee once again requests the Government to indicate how it ensures in practice that the representative organizations of employers and workers and the representative organizations of and for persons with disabilities are consulted on all matters covered by the Convention.

5. Article 8. Services for persons with disabilities in rural areas and remote communities. The Committee refers to its previous comments in which it noted the establishment of a programme for “community-based rehabilitation” in seven communities and trusts that the Government’s next report will contain information on the measures adopted, in particular under this programme, to promote the creation and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

6. Article 9. Training of staff responsible for persons with disabilities. The Government indicates that one of the major difficulties in ensuring the integration of persons with disabilities remains the lack of qualified staff, but that to remedy that situation a training project for trainers has been established. To date, 225 specialist educators and 61 specialist teachers have been trained and a programme to strengthen the capacities of social workers in service in specialist establishments has been introduced over a period of three years. The Committee requests the Government to continue providing information on developments in this regard to ensure that staff who are suitably qualified in vocational rehabilitation are made available to persons with disabilities.

7. Part V of the report form. Information on the application of the Convention in practice. The Committee notes the Government’s indication that the results of the study on the identification of the training and integration needs of persons with disabilities conducted by the AGEPE are available. It requests the Government to provide a copy of these results in its next report and also any information available on the manner in which the provisions of the Convention are applied in practice (statistics, extracts from reports, studies or investigations).

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

The Committee notes with regret 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 2004 direct request, which read as follows:

1. The Committee notes the Government’s first report on the application of the Convention, which was received in September 2002. It also notes the interim Poverty Reduction Strategy Paper (PRSP) of 2002, and more particularly the Government’s will “to ensure in an equitable manner the access of population groups to basic social services and a decent living standard, with a view to reducing inequalities and regional disparities”. The Committee notes with interest that the Government is committed “in the field of social protection, through a coherent policy, to relieve the difficult situation of poor and vulnerable groups”, particularly by improving the living standards of persons with disabilities. The Committee asks the Government to provide information on the achievement of the objectives of the interim PRSP of 2002 established in the field covered by the Convention and to provide additional information on the following points.

2. Article 2 of the Convention. Effect given to the Convention. The Committee notes the provisions of Framework Act No. 98-564, of 10 November 1998, for persons with disabilities. It notes that the task of monitoring the implementation of this Act is entrusted to the Subdirectorate for the Promotion of Persons with Disabilities of the Ministry of Social Affairs and National Solidarity (DecreeNo. 2000-144 of 14 March 2001). The Committee asks the Government to indicate whether the necessary implementing decrees for the implementation of Framework Act No. 98-564 have already been adopted and to provide information on the measures taken to give effect to them.

3. Periodic review of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes, from the information provided by the Government in its report, that the national policy is modified when the laws and regulations in force are revised. It recalls that this provision of the Convention provides for “a periodical review of the national policy, which involves evaluation of the policy at intervals that are left to members’ discretion” (paragraph 132 of the General Survey of 1998 on vocational rehabilitation and employment of disabled persons), and it asks the Government to indicate the frequency established for the review of the national policy.

4. Article 4. Effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers. With regard to equality of opportunity and treatment between workers with disabilities and other workers, the Committee notes that section 50 of the Inter-Occupational Collective Agreement of 1977 provides that the employer is entitled to assign a disabled worker a wage that is lower than the minimum wage in the occupational category to which she or he belongs. Furthermore, with regard to equality of opportunity and treatment between men and women workers with disabilities, the Committee recalls its direct request of 2003 on the application of the Equal Remuneration Convention, 1951 (No. 100), in which it drew the Government’s attention to section 14(2) of Act No. 92-570, of 11 September 1992, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. The Committee noted the linkage in this respect with the provisions of Convention No. 111. In its direct request of 2003 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), it expressed concern with regard to equality of opportunity and treatment between women and men. The Committee would therefore be grateful if the Government would indicate the manner in which equality of opportunity between workers with disabilities and other workers in general is ensured in practice. It also asks the Government to indicate any special positive measures aimed at effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers.

5. Article 5. Consultation of the representative organizations of employers and workers. The Committee notes that the organizations of employers and workers, as well as representative organizations of and for persons with disabilities, do not appear to have been consulted in the implementation of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee asks the Government to indicate the measures adopted in practice in accordance with this provision of the Convention.

6. Article 8. Services for persons with disabilities in rural areas and remote communities. The Committee notes that the Government has established a programme of “community-based rehabilitation” in seven communities. It would be grateful if the Government would indicate the objectives and actions carried out in the context of this programme. Please indicate any new programme for persons with disabilities in rural areas or remote communities.

7. Article 9. Training of staff responsible for persons with disabilities. The Committee notes the Government’s indications and observes that the interim PRSP of 2002 envisages the enhancement of the training of staff in centres for persons with disabilities. Please continue to provide detailed information on this matter.

8. Part V of the report form. The Committee asks the Government to provide a general appreciation in its next report of the manner in which the Convention is applied, including for example statistics and extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 2004 direct request, which read as follows:

1. The Committee notes the Government’s first report on the application of the Convention, which was received in September 2002. It also notes the interim Poverty Reduction Strategy Paper (PRSP) of 2002, and more particularly the Government’s will "to ensure in an equitable manner the access of population groups to basic social services and a decent living standard, with a view to reducing inequalities and regional disparities". The Committee notes with interest that the Government is committed "in the field of social protection, through a coherent policy, to relieve the difficult situation of poor and vulnerable groups", particularly by improving the living standards of persons with disabilities. The Committee asks the Government to provide information on the achievement of the objectives of the interim PRSP of 2002 established in the field covered by the Convention and to provide additional information on the following points.

2. Article 2 of the Convention. Effect given to the Convention. The Committee notes the provisions of Framework Act No. 98-564, of 10 November 1998, for persons with disabilities. It notes that the task of monitoring the implementation of this Act is entrusted to the Subdirectorate for the Promotion of Persons with Disabilities of the Ministry of Social Affairs and National Solidarity (Decree No. 2000-144 of 14 March 2001). The Committee asks the Government to indicate whether the necessary implementing decrees for the implementation of Framework Act No. 98-564 have already been adopted and to provide information on the measures taken to give effect to them.

3. Periodic review of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes, from the information provided by the Government in its report, that the national policy is modified when the laws and regulations in force are revised. It recalls that this provision of the Convention provides for "a periodical review of the national policy, which involves evaluation of the policy at intervals that are left to members’ discretion" (paragraph 132 of the General Survey of 1998 on vocational rehabilitation and employment of disabled persons), and it asks the Government to indicate the frequency established for the review of the national policy.

4. Article 4. Effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers. With regard to equality of opportunity and treatment between workers with disabilities and other workers, the Committee notes that section 50 of the Inter-Occupational Collective Agreement of 1977 provides that the employer is entitled to assign a disabled worker a wage that is lower than the minimum wage in the occupational category to which she or he belongs. Furthermore, with regard to equality of opportunity and treatment between men and women workers with disabilities, the Committee recalls its direct request of 2003 on the application of the Equal Remuneration Convention, 1951 (No. 100), in which it drew the Government’s attention to section 14(2) of Act No. 92-570, of 11 September 1992, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. The Committee noted the linkage in this respect with the provisions of Convention No. 111. In its direct request of 2003 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), it expressed concern with regard to equality of opportunity and treatment between women and men. The Committee would therefore be grateful if the Government would indicate the manner in which equality of opportunity between workers with disabilities and other workers in general is ensured in practice. It also asks the Government to indicate any special positive measures aimed at effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers.

5. Article 5. Consultation of the representative organizations of employers and workers. The Committee notes that the organizations of employers and workers, as well as representative organizations of and for persons with disabilities, do not appear to have been consulted in the implementation of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee asks the Government to indicate the measures adopted in practice in accordance with this provision of the Convention.

6. Article 8. Services for persons with disabilities in rural areas and remote communities. The Committee notes that the Government has established a programme of "community-based rehabilitation" in seven communities. It would be grateful if the Government would indicate the objectives and actions carried out in the context of this programme. Please indicate any new programme for persons with disabilities in rural areas or remote communities.

7. Article 9. Training of staff responsible for persons with disabilities. The Committee notes the Government’s indications and observes that the interim PRSP of 2002 envisages the enhancement of the training of staff in centres for persons with disabilities. Please continue to provide detailed information on this matter.

8. Part V of the report form. The Committee asks the Government to provide a general appreciation in its next report of the manner in which the Convention is applied, including for example statistics and extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s first report on the application of the Convention, which was received in September 2002. It also notes the interim Poverty Reduction Strategy Paper (PRSP) of 2002, and more particularly the Government’s will "to ensure in an equitable manner the access of population groups to basic social services and a decent living standard, with a view to reducing inequalities and regional disparities". The Committee notes with interest that the Government is committed "in the field of social protection, through a coherent policy, to relieve the difficult situation of poor and vulnerable groups", particularly by improving the living standards of persons with disabilities. The Committee asks the Government to provide information on the achievement of the objectives of the interim PRSP of 2002 established in the field covered by the Convention and to provide additional information on the following points.

2. Article 2 of the Convention. Effect given to the Convention. The Committee notes the provisions of Framework Act No. 98-564, of 10 November 1998, for persons with disabilities. It notes that the task of monitoring the implementation of this Act is entrusted to the Subdirectorate for the Promotion of Persons with Disabilities of the Ministry of Social Affairs and National Solidarity (Decree No. 2000-144, of 14 March 2001). The Committee asks the Government to indicate whether the necessary implementing decrees for the implementation of Framework Act No. 98-564 have already been adopted and to provide information on the measures taken to give effect to them.

3. Periodic review of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes, from the information provided by the Government in its report, that the national policy is modified when the laws and regulations in force are revised. It recalls that this provision of the Convention provides for "a periodical review of the national policy, which involves evaluation of the policy at intervals that are left to members’ discretion" (paragraph 132 of the General Survey of 1998 on vocational rehabilitation and employment of disabled persons), and it asks the Government to indicate the frequency established for the review of the national policy.

4. Article 4. Effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers. With regard to equality of opportunity and treatment between workers with disabilities and other workers, the Committee notes that section 50 of the Inter-Occupational Collective Agreement of 1977 provides that the employer is entitled to assign a disabled worker a wage that is lower than the minimum wage in the occupational category to which she or he belongs. Furthermore, with regard to equality of opportunity and treatment between men and women workers with disabilities, the Committee recalls its direct request of 2003 on the application of the Equal Remuneration Convention, 1951 (No. 100), in which it drew the Government’s attention to section 14(2) of Act No. 92-570, of 11 September 1992, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. The Committee noted the linkage in this respect with the provisions of Convention No. 111. In its direct request of 2003 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), it expressed concern with regard to equality of opportunity and treatment between women and men. The Committee would therefore be grateful if the Government would indicate the manner in which equality of opportunity between workers with disabilities and other workers in general is ensured in practice. It also asks the Government to indicate any special positive measures aimed at effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers.

5. Article 5. Consultation  of the representative organizations of employers and workers. The Committee notes that the organizations of employers and workers, as well as representative organizations of and for persons with disabilities, do not appear to have been consulted in the implementation of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee asks the Government to indicate the measures adopted in practice in accordance with this provision of the Convention.

6. Article 8. Services for persons with disabilities in rural areas and remote communities. The Committee notes that the Government has established a programme of "community-based rehabilitation" in seven communities. It would be grateful if the Government would indicate the objectives and actions carried out in the context of this programme. Please indicate any new programme for persons with disabilities in rural areas or remote communities.

7. Article 9. Training of staff responsible for persons with disabilities. The Committee notes the Government’s indications and observes that the interim PRSP of 2002 envisages the enhancement of the training of staff in centres for persons with disabilities. Please continue to provide detailed information on this matter.

8. Part V of the report form. The Committee asks the Government to provide a general appreciation in its next report of the manner in which the Convention is applied, including for example statistics and extracts from reports, studies and inquiries concerning the matters covered by the Convention.