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

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

Article 2 of the Convention. National policy on vocational rehabilitation and employment. The Committee notes the information provided in the Government’s first report. The Committee notes that the Law on the Rights and Benefits of Persons with Disabilities (LRBPD) was adopted in 2009, and that disability is integrated into the Afghanistan National Development Strategy (ANDS) and the National Priority Programmes (NPPs). The Government indicates that the LRBPD sets out measures for the provision of vocational training and employment opportunities for persons with disabilities in section 20 on technical and vocational training, section 22 on the right to employment and section 27 on creating market opportunities. It adds that it has developed a draft national policy for persons with disabilities that calls for various ministries to give effect to the Convention. The Government also indicates that the objectives of the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) for the disability sector include: collecting data on persons with disabilities from all provinces to facilitate access to monthly pensions; advocating for the rights of persons with disabilities; development of new legislation to protect the rights of persons with disabilities; facilitating access to vocational training courses; and, the inclusion of persons with disabilities. Furthermore, the Government indicates that the Labour Inspection Department, the Directorate of Work Condition Development under the Deputy Secretary of Labour as well as relevant departments of the Deputy Ministry of Social Affairs of the MoLSAMD are entrusted with monitoring the implementation of labour administration-related provisions as well as with specific government programmes and initiatives in this regard. The Committee requests the Government to provide information on the impact of the measures adopted within the framework of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee also requests the Government to provide information on the status of the revision of the LRBPD as well as on the status of the draft national policy for persons with disabilities and to provide copies as soon as they become available.

Article 3. Employment promotion. The Government indicates that rehabilitation and related services are provided by several international non-governmental organizations through orthopaedic workshops, physiotherapy clinics, community-based programmes and outreach programmes. The MoLSAMD has developed a Disability Employment Monitoring Questionnaire (DEMQ) to monitor the number of staff with disabilities in ministries, as provided by section 22 of the LRBPD, which requires the State to ensure the recruitment of at least 3 per cent of persons with disabilities in the ministries and other government agencies. Furthermore, the Government and the MoLSAMD provide vocational training for persons with disabilities through the NPPs. The Committee requests the Government to provide information on the impact of the measures taken to promote the vocational rehabilitation of persons with disabilities on their access to employment, particularly in the open labour market.

Article 4. Equality of opportunities and treatment. The Government indicates that section 9(1) of the LRBPD prohibits “any kind of discrimination in recruiting, payment of wages and entitlements, profession, field of specialty, as well as in the right to education and social security” and provides a strong basis for equality of opportunity in employment for all Afghans. The Committee requests the Government to provide information on the impact of the measures including special positive measures adopted to ensure equality of opportunity and treatment between women and men workers with disabilities, and other workers.

Article 5. Consultation of the social partners. The Government indicates that the most representative organizations of employers and workers, for purposes of the Convention, are: the National Union of Afghanistan Workers and Employees (NUAWE), the Central Council of Labour Unions of Afghanistan (CCLUA) representing workers, and the Afghanistan Chamber of Commerce and Industries (ACCI) representing employers. The Government indicates that the LRBPD and the Afghanistan National Disability Action Plan (ANDAP) were developed in consultation with representatives from all representative employers’ and workers’ organizations. The Government provides no information regarding consultations with representative organizations of and for persons with disabilities. Furthermore, no reference is made to consultations with regard to measures to be taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities. The Committee requests the Government to provide information in its next report with regard to consultations held with the social partners and with representative organizations of and for persons with disabilities. It further requests the Government to provide information on consultations concerning measures to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities.

Articles 6 and 7. Adaptation of vocational rehabilitation and employment services for persons with disabilities. The Government indicates that section 76(3), subsection 4 of the LRBPD provides the basis for the training and rehabilitation of persons with disabilities, regulating the training centres of the Ministry of Labour and Social Affairs. It adds that the MoLSAMD plays a key role in integrating persons with disabilities into mainstream vocational training programmes through the National Development Skills Programme. Moreover, the third draft national policy for persons with disabilities emphasizes the need to ensure barrier-free access and reasonable accommodation for persons with disabilities in the workplace. According to the Labour Inspection Department, Government ministries and other agencies have made efforts to provide accessible facilities to persons with disabilities on government premises. The Committee requests the Government to provide information on the impact of the training provided to persons with disabilities to enable them to secure, remain and advance in employment and on the provision of reasonable accommodation and accessible premises.

Article 8. Services in rural areas. The Government indicates that the promotion of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities has been discussed in the Inter-ministerial Working Committee on Disability, and led to the development of the DEMQ. The Government considers that the DEMQ is an effective tool and can be expanded to promote the development and rehabilitation of persons with disabilities in rural areas. The Committee requests the Government to provide information on the measures taken or envisaged to provide vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training and availability of rehabilitation counsellors and other suitably qualified staff. The Government indicates that vocational education and training and rehabilitation staff are hired on the basis of merit and competence. The Government does not provide information on the measures taken to ensure the availability of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities. The Committee requests the Government to provide information on the manner in which effect is given to this Article of the Convention.

Application in practice. The Committee requests the Government to provide information permitting a general appreciation of the manner in which the Convention is applied in practice.