Trade union action:Integrating disabled personsinto working life

Labour Education 1998/4No. 113

Editorial V

The role of trade unions in promoting the vocational integrationof persons with disabilities: ILO policy appraisal and outlook ,by Marc Dupont 1

Africa: A buzz of experimentation and initiatives to buildgreater awareness on the part of African trade union organizations,by Bamba Ndiaye 18

Trade unions and workers with disabilities in Latin America:Signs of promise? by Luis Reguera 22

Central and Eastern Europe: Most countries have set up shelteredworkplaces and employment for the benefit of severely disabled workers 35

European Trade Union Confederation (ETUC): Policy and actionin favour of disabled persons, by Anna Ricciardi 39

Public Services International inspired by the need to nurture diversityin society and to oppose any form of discrimination , by Ros Harvey 45

Increased competition: A pretext to exclude disabled personsand encourage practices of exclusion, isolation and segregation ,by Silvana Cappuccio 53

Integrating persons with disabilities into the teaching profession:A matter of concern to trade unions, by Fred van Leeuwen 57

Vocational rehabilitation and employment of persons with disabilitiesin Germany: The IG Metall approach 61

The CFDT’s viewpoint on the management of the vocational integrationof workers with disabilities in France, by Huguette Puel and Gaby Thollet 67

United Kingdom: Manufacturing, Science and Finance (MSF) firstin line to address matters related to disability , by Kenneth Orme 71

Appendices

Appendix IRecommendation concerning Vocational Rehabilitationof the Disabled, 1955 (No. 99) 75

Appendix IIConvention concerning Vocational Rehabilitationand Employment (Disabled Persons), 1983 (No. 159) 81

Appendix IIIRecommendation concerning Vocational Rehabilitationand Employment (Disabled Persons), 1983 (No. 168) 84

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Contents

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Appendix IVResolution (36/1) of the United Nations Commissionfor Social Development: Promoting social integrationand participation of all people, including disadvantagedand vulnerable groups and persons 89

Appendix VUnited Nations: Standard Rules on the Equalizationof Opportunities for Persons with Disabilities 92

Appendix VIRatifications of the Vocational Rehabilitation and Employment(Disabled Persons) Convention, 1983 (No. 159) 93

In November 1993, the Governing Body of the ILO decided to invitegovernments to submit reports on the position of their law and practiceregarding the Vocational Rehabilitation and Employment (Disabled Per-sons) Convention, 1983 (No. 159), and Recommendation, 1983 (No. 168).The reports supplied in pursuance of that decision, together with thosesubmitted in accordance with articles 22 and 35 of the ILO Constitutionby the States which have ratified the Convention, have enabled the Com-mittee of Experts on the Application of Conventions and Recommenda-tions, in accordance with its usual practice, to carry out the first GeneralSurvey on the effect given to these instruments both in States which haver a t i fied the Convention and in those which have not. The Survey wasamong the items for discussion at the 86th Session of the InternationalLabour Conference in June 1998.

N a t u r a l l y, the purpose of such surveys is to examine the pro g re s smade in applying the substance of the instruments in question and obsta-cles to their ratification. The Conference proceedings on the item re fle c t e da general willingness to ratify the instruments (see para. 143, ProvisionalRecord No. 18, International Labour Conference, 86th Session, Geneva,1998). In terms of determining social policy, however, the Committee ofExperts recalled that the ILO had lost no time in assigning a high prior-ity to the question of disabled persons in terms of their relation to theworld of work: as early as 1925 the ILO had adopted the Workers’ Com-pensation (Minimum Scale) Recommendation (No. 22). Since then threeother key instruments have been adopted guaranteeing the right of dis-abled persons to benefit from appropriate medical and occupationaladaptation and rehabilitation with a view to enjoying social and occupa-tional integration on an equal footing with other members of the com-m u n i t y, namely the Vocational Rehabilitation (Disabled) Recommenda-tion, 1955 (No. 99), the Vocational Rehabilitation and Employment(Disabled Persons) Convention, 1983 (No. 159), and its accompanyingRecommendation (No. 168).

In the course of discussion of the item re f e r red to, the Wo r k e r s ’g roup of the June 1998 International Labour Conference recalled thatmuch could be achieved by way of preventing and reducing the risk ofdisability if effective policies of health care for all were applied. Theystressed the need, particularly in the light of the speed at which techno-logical developments were occurring and of increased international com-petition, for an integrated approach to vocational rehabilitation andemployment of persons with disabilities, subject to continual re a s s e s s-ment through dialogue with employers and workers’ organizations, aswell as those organizations concerned with disabilities. Of particulari n t e rest was that the Workers’ members perceived the re a d i n e s sexpressed on the part of several countries to ratify Convention No. 159 inthe near future as a cost-effective means of pursuing an active policy ofequal opportunity within the framework of the general obligation to com-

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Editorial

bat discrimination which derived from the Declaration of Philadelphia,the declaration adopted at the 1995 World Summit for Social Develop-ment in Copenhagen, and ILO Convention No. 111 on Discrimination(Employment and Occupation).

The Committee of Experts reported that some 500 million personst h roughout the world were affected by disability, of which 350 lived inregions where there was a total lack of any form of support service for thisvulnerable social group. Furthermore, since these persons were oftenamong the poorest social groups, even in industrialized countries, theWorkers’ members subscribed to the view that employment was theprincipal means of promoting the social integration of persons with dis-abilities and helping to combat social exclusion and poverty.

In focusing on the question of the occupational integration of dis-abled persons and economic imperatives, the Workers’ members dre wattention to the somewhat contradictory trends which characterized thedevelopments and prospects relating to the vocational rehabilitation ofpersons with disabilities: while some technological developments could,for example, facilitate the integration of many persons with disabilities,they also constituted a threat to the employment of others due to a lackof sufficient qualifications or a shortage of adapted jobs. The Wo r k e r s ’members had called attention to the need for the question under reviewto be examined in all its different facets: globalization, for example, canprovide opportunities for those with very specialized skills, but can alsoconstitute an inherent threat within the context of increased competitionin a labour market which is not adapted to the integration of persons withdisabilities.

The ILO Bureau for Workers’ Activities and the ILO Vo c a t i o n a lRehabilitation Branch are pleased to present this edition of Labour Educa-t i o n. In jointly producing this edition, both units not only express theircommitment to harness their re s o u rces in order to give visibility to a cat-egory of working people who have not yet received due attention, but alsoto contribute to the Office’s efforts to address the question of integratingdisabled persons into working life through a more cohesive strategy.

Many a trade union official might well find it difficult to accom-modate within an already crowded agenda an issue such as the rights ofdisabled persons and measures for their integration and re i n t e g r a t i o ninto the world of work. However, it is in their very sensitivity to the issue,in their own consciousness of all that is at stake if such groups are mar-ginalized, in their very willingness to perceive their own advocacy as cen-tral to their role as a key social partner, that their own credibility will bemeasured. Trade unions remain unique in their acknowledged role as asocial force operating to defend workers’ rights and promote the cause ofsocial justice. Much store is set by their readiness to be active partners inthe fore of the movement to bring disabled persons into the mainstreamof society by integrating them into working life. It is our hope that thisedition will encourage their efforts in this direction as well as reflectionon how this challenge may most effectively be addressed.

Although support groups, both secular and denominational, haveemerged in large numbers and have been addressing questions related todisabled persons, trade unions are particularly well placed to provide af o rum for discussion of issues concerning disabled persons and their inte-gration into the world of work. What mechanisms or institutions can beset in place to respond to the needs of this group in a permanent way, andhow can workers’ education play a role? How much can be achieved with

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limited re s o u rces? What steps can be taken to find more re s o u rces? Doworkers’ organizations have sufficient expertise to take the necessaryaction re q u i red in running a campaign to sensitize the public? How muchinformation is available on this question and where can it be found? Thisissue attempts to provide some answers to such questions.

We extend our warm appreciation to all those who have con-tributed articles to this edition. We are indebted to our colleague MarcDupont of the ILO’s Vocational Rehabilitation Branch whose in-depthreview of the topic reflects the concerted international effort which ispicking up momentum. Regionally, the European Trade Union Confed-eration gives coverage to the policies and activities of its affiliates, and ourthanks are due to our colleagues in the technical area who have con-tributed articles on Africa and Latin America respectively. Excerpts froma key re s e a rch study re flect the orientation given to policies concerningdisabled persons and their integration into the world of work in countriesof Eastern and Central Europe. Similarly, a number of International Tr a d eS e c retariats have demonstrated a willingness to share their wealth ofexperience: Education International (EI), Public Services International(PSI), and the International Textile, Garment and Leather Workers’ Fed-eration (ITGLWF). National experiences are also featured: France, Ger-many and the United Kingdom.

It has been gratifying not only to review and disseminate the infor-mation in the columns which follow, but also to evaluate the considerablep ro g ress which has already been achieved by a significant number ofmajor workers’ organizations. Our thanks are also due to all the workers’organizations who have assisted us in one way or another in providinginformation on their activities. The response has been very encouragingand these positive beginnings augur well for the future.

Guy Ryder Gabriele StoikovDirector DirectorILO Bureau for Workers’Activities ILO Vocational Rehabilitation Branch

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The subject of the employment of disabledpersons is a multifaceted one, with a bro a ddefinition that simultaneously encompassesaspects of employment policy and, of course,basic and vocational training, but which variesdepending on whether the focus is on personswith a congenital disability or victims of anoccupational or other type of accident. Medicalp roblems, possible indemnity, coverage by thed i ff e rent social security systems are all interre-lated supplementary aspects. To this alre a d ylong list we could add the range of politico-philosophical sensibilities re g a rding disabili-ties. Tackling the full range of above-mentionedissues is beyond the scope of this article, as thatwould be too protracted an exercise. Instead itattempts to focus on aspects directly related toemployment and training policies and on ele-ments which yield an understanding of the dif-f e rent approaches identified across the interna-tional spectru m .

Accordingly, the first part attempts to painta global picture of the situation of disabled per-sons in re g a rd to employment and trainingissues. The second sums up the different typesof policies encountered around the world onthese matters, underscoring recent trends inguidance and the changes observed on the jobmarket. The third section looks at the instru-ments and activities developed by the ILO. Abrief historical review will aff o rd the reader abetter grasp of the internal process of succes-sive re finements by which ILO policy gradu-ally came to be what it is today.

Beyond the ILO, we also look at the UnitedNations and its activities in this field, inter alia,in connection with the UN Standard Rules on theEqualization of Opportunities for Persons with Dis-a b i l i t i e s. The article concludes with a specificanalysis of the role of trade unions in thisre g a rd. How do they carry out their activitiesand what are their potential goals? These are

all subjects that should help furnish tools forreflection and, above all, action for thosewithin trade union ranks alive to these issues.

The situation of disabled workers

Employment as the driverof social integration

Regardless of the country we may select orits level of economic and social development,employment is at the core of social cohesion.Because it is the means of generating income,because it gives the jobholder a social purposeand role (however minimal), employment iscentral to considerations of personal indepen-dence, self-edification and self-esteem. To allnon-disabled persons of working age, jobless-ness or fear that it could result from industrialre s t ructuring, financial crises, economic tur-moil or political change is a major source ofboth present and future disquiet. Such disquietis even more magnified for disabled personsconsidering the additional problems they mustface in this difficult struggle. Indeed, eventhough joblessness takes its toll well beyondthe ranks of disabled persons and there arenumerically far less unemployed disabledpeople than others (in contrast, as we shallsee l a t e r, the jobless rate among people withdisabilities is far higher than among otherpeople), the fact is that in seeking work,disabled persons must contend with specificp rejudices that further compound diff i c u l t i e sof finding, keeping or returning to a job.

Exaggerating the problems

How can we account for this situation? Firstand foremost, there is a persistence of ex-t remely negative stereotypes about the capa-bilities of persons with disabilities: their skills

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The role of trade unions in promotingthe vocational integration of persons with

disabilities: ILO policy appraisal and outlook

Marc DupontVocational Rehabilitation Branch

ILO

a re supposedly insufficient; their capacity toadapt to technological changes too limited; anexaggerated picture is painted of the behav-ioural problems to be expected in dealing withpeople with disabilities; they are difficult tointegrate into staff teams; in a word, the list offalse good reasons for avoiding the employ-ment of persons with disabilities could con-t i n u e ad infinitum. If we add the pro b l e m sstemming from obstacles to the use of trans-portation facilities, access to work pre m i s e s ,reluctance to adapt workplaces, it is clear thatpersons with disabilities must contend with ahost of problems.

No longer a matter of alms

Against this backdrop, some people advo-cate the maintenance or a return to aid policies,a rguing that it is already a very tall order tomanage the millions of jobless of all origins, thecivil service drop-outs and other workersrejected by the system. Beyond the financialchallenge such a policy would pose (and whichwould be beyond the means of most countries),it should be generally known that what per-sons with disabilities are seeking is not publiccharity or alms from any group whatsoever.Their demand is that society should recognizetheir right to work on an equal footing withanyone else and value and acknowledge theircapacity to make a positive contribution to thecommon good. The history of the world ofwork is fraught with examples of minority orother groups that have struggled and ulti-mately gained recognition of their right tofreely chosen work. Beyond all doubt, personswith disabilities (who, according to the WorldHealth Organization make up some 10 per centof the world’s population) decided to take upthis struggle years ago, and are of coursecounting on the assistance of the trade unionmovement.

Persons with disabilitiesand access to work

It is no simple matter to make anything likea very precise appraisal of the situation re g a rd-ing access to work for persons with disabilities.For one thing, that would presuppose the exis-tence of a system of jobless data collection andanalysis that was reliable, consistent and couldbe used for long-term studies, and for another,the availability of a scientific evaluation of thenumber of disabled persons wishing and ableto work.

Data collection

It would also be necessary to assemble dataon the diff e rent types of vocational integrationof disabled persons so that the analysis couldencompass both enterprises on the open labourmarket and the so-called sheltered enviro n m e n t ,or even homework. This means that the fin a loutcome would be largely dependent on thequality of each country’s system of social andlabour statistics. It should also be statedstraightaway that in a good number of coun-tries, monitoring this issue by means of nationalstatistics is out of the question for a variety ofreasons ranging, for example, from deficientlabour administrations, the scale of the non-s t ru c t u red sector – which by definition defie sglobal analysis – to lacunae in social laws, whichoften fail to recognize the existence of a shel-t e red work environment, among other things.

Groping in the dark

Some scepticism is there f o re appro p r i a t econcerning any collected data, from two view-points: first that of the methods and means oftracking the issue, and second, the difficulty ofprecisely circumscribing and defining the sub-ject of the re s e a rch pro p e r. This also explainswhy most of the available figures come mainlyf rom industrialized countries and yet cannotbe analysed identically, given the diff e r i n ga p p roaches to or definitions of disability in cur-rent use.

Gross disparities

Rather than striving for mathematical pre-cision in analysing these figures, we shouldinstead focus on trends. At all events,whichever the country we may choose, there c o rd will not be a brilliant one. The level ofeconomic activity is lower among disabled per-sons than among others. The result is that thejobless rate is appreciably higher (generally putat twice that of people without disabilities).The duration of joblessness is also around thre etimes that of people without disabilities. A u s-tralia’s 1990 figures show an employment levelof 46 per cent among people with disabilitiesand 72 per cent among those without (Thorn-ton and Lunt, 1997). A c c o rding to the samere s e a rchers, 1991 US fig u res show a jobless rateof 67 per cent among disabled people of work-ing age and able to work. Spain’s 1986 datashow a similar level of unemployment amongdisabled persons. While in Great Britain,

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depending on source and method, the propor-tion of the jobless or job-seeking among peoplewithout disabilities ranges from 5 to 15 percent, the figure is over 20 per cent among dis-abled people (Brian Doyle, 1996).

Another type of discrimination:inadequate training

Over and above the problems of access towork, people with disabilities must also faceanother kind of discrimination, that is, thelower level of quality and qualification specifi-cations for the jobs they occupy. Naturally, thishas negative implications for career prospects,remuneration, and access to vocational up-grading and also affects the interest and fulfil-ment that a job might be expected to generate.Despite the paucity of relevant data, a Fre n c hMinistry of Labour study covering 1995 and1996 found that there were twice as manyl a b o u rers among disabled wage-earners thanamong people without disabilities and that,c o n t r a r i l y, there were twenty times fewerheads of enterprises with disabilities and halfas many disabled managerial staff as personswithout disabilities. Here again, rather thanexact figures, these are trends worth noting.

Training

Nowadays it is a commonplace to under-score the link between employment and train-ing and the need to open training facilities toenterprises while developing employees’ abil-ity to adapt to social and technological devel-opments. This holds even truer for disabledpersons, who are woefully underqualified inall countries. Hence, in some countries, therea re reports of almost 40 per cent of disabledpeople having no basic or vocational trainingw h a t s o e v e r. For a country such as France, thefigures, albeit somewhat dated, suggest that 60per cent of disabled job-seekers have a verylow level of basic education, 20 per cent ofthem neither able to read nor write.

Meeting labour requirements

This training shortfall, whether at basic orvocational level, is even more crucial today,when employment opportunities are closelylinked to the “employability” of disabled per-sons, that is, the capacity of disabled job-seek-ers to meet the labour needs of enterprises.This is borne out by the high placement ratesfollowing graduation from vocational rehabili-

tation centres observed in some countries. It istherefore a matter of the greatest urgency if wea re to create opportunities for those who cur-rently wish to enter the job market and forthose who may aspire to do so in the future. Itmust be recognized here that much remains tobe done. The great adventure of integration isp roving slow to yield substantial results. Theend effect of the fragmentation of training sys-tems, competition among courses, financialbackers and operators is to prolong the plightof underqualification and undere m p l o y m e n tin which disabled persons find themselves.

Current trends and issues

The different types of laws

Based on a review of the diff e rent types ofnational laws, four categories of laws havebeen identified. Before describing them indi-vidually, it should be made clear that this cate-gorization does not purport to establish self-

labour laws. In it, the priority is placed oninternal endeavours at readaptation as well ason preventive policies (with particular re g a rdto occupational accidents). Systems have beenput in place to enable rapid intervention,which, as is well known, is a precondition forsuccessful occupational rehabilitation. The pro-vision of funds to defray the cost of adaptingworkplaces is among the measures taken.Tr ipartite committees often manage thesearrangements in a decentralized manner.

Specific employmentand training measures

The second model includes specific mea-s u res under laws dedicated to the employmentand training of disabled persons, while otheraspects of disability management are covere dunder other laws. For example, in the countriesconcerned there are instances of in-house voca-tional training, training in “ordinary” centres oreven in specialized centres. Compensation sys-tems have been put in place for cases of re t u r nto work and for job adaptation. There are fre-quent cases of provisions re g a rding job quotasreserved for disabled workers, at times in com-bination with special protection against dis-missal. Some conscious falling within thismodel have adapted worker re p resentation sys-tems and created special re p resentation for per-sons with disabilities. There are also instancesof assistance in creating sheltered workshops aswell as subsidies for employers to help coverthe wages of disabled persons they re c ru i t .

Special chapters in general laws

The third model covers specific measure sconcerning employment and training undergeneral laws designed to promote the welfareof people with disabilities. Hence, there may bea specific chapter in a general text containingp rovisions on health, education, accessibility,transportation, access to public services, and soon. This category also covers a range of fis c a lincentives accorded to employers, job quotasreserved in the civil service and different voca-tional training subjects.

Positive discriminationbut also equal treatment

F i n a l l y, the last model addresses lawsdesigned to confront discrimination, of whichaccess to employment and training is but onefacet. These laws introduce into many coun-

tries the notion of reasonable adaptation of theworkplace to allow for the re c ruitment of adisabled person as a binding obligation onemployers, who would be liable to pro s e c u t i o nunder the anti-discrimination law for refusal toc o m p l y. At the practical level there are twomutually supportive approaches. The first pro-motes equality of opportunity by re s t o r i n gopportunities or creating the capacity to makeuse of them. It has led to the creation of a rangeof positive discrimination mechanisms. Thesecond approach is aimed at equal tre a t m e n t ,that is, the rejection of all discrimination,i n c l u d i n g positive discrimination. These spe-c i fically labour- related provisions generally sup-plement measures to combat discriminationbased on race or gender.

Quota or levy system

This brief introduction should include men-tion of ongoing discussions concerning thequota system. The countries that have imple-mented provisions of this type have re p o r t e dmixed results. The measures are considered tobe of proven albeit limited effectiveness invocational integration policies. Some countrieshave supplemented the quota system with alevy payable by companies that do not fulfil there c ruitment obligation, with a view to re s t o r i n ga degree of equity between enterprises thatmake the effort, and the others. But the perversee ffects surfaced immediately: some employerschose to pay a levy rather than re c ruit peoplewith disabilities. Besides, such systems call fore fficient (and hence unwieldy) administrativemechanisms for determining disability status,as well as handling declarations and invitationsto pay levies. On the one hand, some speak ofthe risk of stigmatization inherent in the decla-ration of disability status and the possible re j e c-tion of persons hired on a quota basis. But it isa p p a rently proving difficult to set in motion thelegal machinery for determining instances ofdiscrimination. Pro c e d u res are protracted andcostly and re q u i re an intimate understanding ofthe workings of the justice system. It is at timesalso difficult to prove the existence of discrimi-nation in connection with hiring or firing. Theresult is that lawsuits are frequently dro p p e db e f o re running their course.

A backdrop

It is there f o re difficult if not impossible toaffirm the total efficacy of one or another pol-icy and its expected positive effects. The signif-

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icance of the national context is so crucial thatit hinders any global analysis. The pre v a i l i n glevel of social and economic development mayfacilitate or hamper the implementation of avoluntarist policy. Naturally, these policies arerooted in national or regional policies or in cul-t u res with differing perceptions of disability. Inaddition, it is the judicial and legislative tradi-tions that form the backdrop to contemporarytrends in policies in favour of disabled people.Lastly, the degree of collective organization ofdisabled persons and their capacity to garnerpublic support for their cause will influence thequality and scope of any pro g ress by nationalauthorities at the legislative, regulatory andpractical levels.

Labour market changes

Much has already been said concerning jobmarket trends and this paper does not purportto outline a new economic theory on the sub-ject. More modestly, it aims to shed some lighton those trends that are of relevance to theemployment of persons with disabilities. Weshould start by noting a marked trend toward stertiarization in job creation, which means thatthe services sector (at both enterprise and indi-vidual levels) is the one – perhaps the onlyo n e – in which the workforce is on the rise.This trend has been under way for severalyears now and follows on the first major shiftof the employment focus from agriculture toi n d u s t r y.

New need for more intellectual skills

Clearly, this requires employees to upgradetheir skills. Service sector employees do nothave the same professional pro file as workersin the iron and steel industry or in the metal-working industry, in spite of the fact that thesetraditional sectors have already underg o n enumerous changes in work organization, suchas the introduction of digitally contro l l e dm a c h i n e r y. The growing need for skills of am o re intellectual and less physical naturecould offer interesting job opportunities forpersons with disabilities. To d a y, a good manyindustrial processes are piloted and controlledby computers and it is conceivable that work-ers with disabilities could find jobs in this area.What is more, many of today’s new jobs (espe-cially in office automation and related services)can easily become accessible to disabled per-sons, once the diff e rent potential barriers torecruitment have been addressed.

Certain forms of work organization

Enterprises often adopt another appro a c hto work organization. Choices are fre q u e n t l ymade to outsource one or another of the enter-prise’s activities to subcontractors or to formeremployees who have become independent.The conclusion will again look at the potentialp roblems of such approaches to work org a n i-zation for disabled workers, though at thispoint it should be established that the flexibil-ity resulting from this type of org a n i z a t i o ncould make for the re c ruitment of persons withdisabilities.

More flexible employment contracts

With proper supervision, new develop-ments in social standards for employment con-tracts and working hours can provide oppor-tunities. The fact is that many people withdisabilities have and continue to find it diff i c u l tto fit into the uniform, full-time work mould,while for reasons of medical treatment orfatigue connected with their disability, amongothers, they would be perfectly able to adapt tohalf-time work without problems.

Teleworking: the only option for some

The development of new information andcommunication technologies is undoubtedlyone of the most promising of growth poles forthe employment of disabled persons. As theymake it possible to separate work and enter-prise, they enable people with mobility pro b-lems to practice their profession from home.The ILO is already on re c o rd concerning thep roblems of homework, and the criticismsmade are relevant to disabled persons if weconsider that, for some of the latter, telework-ing is the only access to the world of work.

The lesser evil?

In sum, it may be said that the opportunitiesc reated by these developments in work org a n i-zation carry the same risks for persons with andwithout disabilities: disintegration of workers’associations, lack of clear limits between the pri-vate and the professional, the increasing insecu-rity of job relationships, and so on. It shouldnevertheless be borne in mind that while dis-abled workers are obviously not seeking inse-c u r i t y, in the face of reluctance to undertake re a-sonable job adaptations they are compelled toaccept it or risk exclusion from the job market.

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A change of approach

It is worth recalling here that the 1980s wit-nessed the development of two approaches toassisting people with disabilities. The first, inc h ronological terms, was based on the tradi-tional concept of protection and assistance andentailed the implementation of self-containedpolicies, with each ministerial departmentresponsible for disability-related matters man-aging a specific aspect of the problem (health,work, education and training, social welfare, forexample). The more recent approach empha-sizes the recognition of the rights of people withdisabilities and the fight against all forms of dis-crimination. The main instrument for attainingthis goal was the enactment of general anti-dis-crimination laws in some countries, it being upto persons who felt they were victims of dis-crimination to enforce their rights through legalaction. To d a y

f o re during the Second World War with there s u rgence of interest in people with disabili-ties, partly because their numbers had gro w nas a result of the war and partly because dis-abled civilians had demonstrated their abilityto fill the posts left vacant by mobilized work-ers, particularly in commerce and industry, togood effect.

Concerted action at various levels

Thus, the international community deemedit necessary to enshrine in standards to beapplied universally, and to implement by con-certed action at various levels, the right ofdisabled persons to benefit from appro p r i a t emedical and occupational adaptation and re h a-bilitation with a view to enjoying social andoccupational integration on an equal footingwith other members of the community.

Laying the cornerstones

In 1944 the International Labour Confer-ence adopted a Recommendation concerningworkers with diminished capacity, whicha ffirmed that disabled persons, whatever theorigin of their disability, should be pro v i d e dwith full opportunities for specialized voca-tional guidance, vocational training, functionaland occupational rehabilitation and employ-ment on useful work. However, it was in 1955that the Conference first discussed the impor-tant question of the services to be made avail-able to disabled persons and unanimouslyadopted the Vocational Rehabilitation (Dis-abled) Recommendation, 1955 (No. 99), and,until the adoption of Convention No. 159 andRecommendation No. 168, it was this interna-tional instrument which served as the basis forall national legislation and practice concerningvocational guidance, vocational training andplacement of disabled persons. Furthermore ,Recommendation No. 99 contains basic stan-d a rds to which non-governmental org a n i z a-tions can refer in order to ascertain the interna-tionally accepted components of vocationalrehabilitation and the means of applying them.

An international covenant

The resolution concerning vocational reha-bilitation of disabled persons and the re s o l u-tion concerning disabled workers, adopted bythe International Labour Conference, in 1965and 1968 re s p e c t i v e l y, focus on the eff o r t sre q u i red to widen vocational re h a b i l i t a t i o n

opportunities for disabled persons. The Inter-national Covenant on Economic, Social and Cul-tural Rights, drafted in close collaboration withthe ILO and adopted by the United NationsGeneral Assembly on 16 December 1966, laysdown the obligation for States parties to recog-nize, among others, the right of individuals toearn their living by freely chosen or acceptedwork, and to take appropriate measures tos a f e g u a rd this right. Such measures include thec reation of programmes, the formulation ofvocational guidance and training policies andthe selection of appropriate techniques with aview to achieving constant economic, socialand cultural development and full and pro-ductive employment while safeguarding thepolitical and economic freedoms of the indi-vidual. The Covenant recalls or affirms a num-ber of principles, including that of equality oft reatment among workers in general andbetween men and women, including equalremuneration for work of equal value; the rightto a decent living and healthy and safe work-ing conditions; equality of opportunity for allwith regard to promotion in employment, sub-ject only to seniority and competence; and theright to education, with its corollary, the prin-ciple of compulsory education, for the fulldevelopment of the individual.

Two declarations

The United Nations General Assembly alsoadopted a Declaration on the Rights of MentallyRetarded Persons in 1971 and a Declaration on theRights of Disabled Persons in 1975, both of whichestablish the same civil and political rights formentally re t a rded or disabled persons as forother people. They also have the right to med-ical, psychological and functional care, socialand medical rehabilitation, education, voca-tional training and rehabilitation, counsellingand assistance and to placement and other ser-vices which will enable them to develop theirabilities and skills to the full and hasten theirintegration or reintegration into society; theright to secure and retain suitable employmentor to engage in a useful, productive andincome-generating activity. These instrumentsalso provide for their special needs to be takeninto consideration.

Human resource instruments

In 1975, at one and the same session, theInternational Labour Conference adopted theHuman Resources Development Convention

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( N o . 142) and Recommendation (No. 150) aswell as a resolution concerning the vocationalrehabilitation and social integration of dis-abled or handicapped persons. ConventionNo.142 lays down, in Article 3(1), the obliga-tion for ratifying States gradually to extendtheir systems of vocational guidance andemployment information to disabled personst h rough appropriate programmes amongother means, while Recommendation No. 1 5 0p rovides, in Paragraph 53, that disabled per-sons should have access to vocational guid-ance and vocational training programmes pro-vided for the general population or, where thisis not desirable, to specially adjusted pro-grammes; and that every effort should bemade to educate the general public, the socialpartners and the personnel involved on theneed to provide disabled persons with voca-tional guidance and vocational trainingenabling them to find suitable employment;that measures should be taken to ensure, as faras possible, their integration or re i n t e g r a t i o ninto productive life in a normal working envi-ronment; and that account should be taken ofthe Vocational Rehabilitation (Disabled) Rec-ommendation, 1955 (No. 9 9 ) .

Reintegration into society:A new concept

The resolution concerning the vocationalrehabilitation and social reintegration of dis-abled or handicapped persons was especiallys i g n i ficant since it introduced a new concept,that of reintegrating people with disabilitiesinto the society.

It recalled the relevant resolutions of 1965concerning the vocational rehabilitation of dis-abled persons and of 1968 concerning disabledworkers and noted that it was desirable torehabilitate for work and reintegrate into thecommunity an ever- g reater number of physi-cally or mentally disabled or handicapped per-sons, and that the need for special measures tothis effect was clearly gaining recognition bypublic opinion. It re f e r red to the fact that thenon-governmental organization RehabilitationInternational had declared the 1970s the Reha-bilitation Decade. Pointing out that a high pro-portion of disabled or handicapped persons insociety was a serious drain on the nationaleconomy and could undermine the develop-ment of the country’s prosperity unless eff e c-tive measures were taken, the resolution calledon all public authorities and employers’ andworkers’ organizations to promote maximum

opportunities for disabled or handicapped per-sons to secure, perform and retain suitableemployment.

Measures for the full participationof people with disabilities

F rom then on the United Nations and theILO jointly pursued the goal of “full participa-tion and equality”. In a resolution adopted on16 December 1976, the United Nations GeneralAssembly proclaimed 1981 the InternationalYear of Disabled Persons with the theme “fullparticipation and equality”. A World Pro-gramme of Action concerning Disabled Per-sons was adopted for its implementation. Itp rovided for effective international andnational measures to ensure the full participa-tion of disabled persons, on an equal footingwith other citizens, in the social life and eco-nomic development of their societies.

Taking account of equalityof opportunity and treatment

It was in this context of a new vision of theplace and role of disabled persons in societythat the International Labour Confere n c eadopted a resolution in 1979 calling for con-sideration of the possibility of placing thequestion of a revision of RecommendationN o . 99 on the agenda of a forthcoming session,and that the United Nations General A s s e m-bly p roclaimed 1983-92 the United NationsDecade of Disabled Persons. The idea of re v i s-ing the Recommendation very soon gave wayto that of drafting new international labours t a n d a rds which would take account, interalia, of the need to ensure equality of opportu-nity and treatment for all categories of dis-abled persons, in both rural and urban are a s ,to enable them not only to secure and re t a i nemployment, but also to become integrated inthe community.

The impact of the Recommendation

Recommendation No. 99, which is not

than obligations which are unlikely to beequally widely assumed” and that Recommen-dations should no longer be considered as the“poor relation” of Conventions.

Building a discrimination-free society

Hence, it was not a matter of replacing theRecommendation, but of supplementing itwith a new one which would re flect the re c o g-nition by the community at large of the right ofdisabled persons to equality of opportunityand treatment with a view to their integrationor reintegration in society. It was nonethelessfelt necessary to provide, by means of a Con-vention, for a greater commitment on the partof States to building a society free of discrimi-nation against people with disabilities. Thiswas the general thrust of the discussions heldat the International Labour Conference whichled to the adoption at its 69th Session in 1983of the Vocational Rehabilitation and Employ-ment (Disabled Persons) Convention (No. 1 5 9 )and Recommendation (No. 1 6 8 ) .

Principles of a national policy

In ratifying Convention No. 159 States Par-ties undertake, in accordance with nationalconditions, practice and possibilities, to formu-late, implement and periodically review anational policy on vocational rehabilitation andemployment of disabled persons. This instru-ment lays down the principles for such a pol-icy and prescribes the action to be taken at thenational level to implement it. Like all the pro-motional Conventions, Convention No. 1 5 9invites governments to consult the representa-tive organizations of employers and workerson the action to be taken to give effect to thenational policy. It also provides for consulta-tion of representative organizations of and fordisabled persons.

Developing appropriate strategies

The new instruments are based on the viewthat vocational rehabilitation, freely chosenwork and the opportunity to advance inemployment are the essential pre requisites forthe social integration of disabled persons. Inpursuit of this objective, appropriate strategiesand special programmes to enable disabledpersons to find their place in society have to bedeveloped. These strategies are part of anendeavour by the international community tos e c u re the full participation of people with dis-

abilities in society, through a world pro-gramme to be implemented by States.

The year 2010: A society for all

The World Programme of Action concern-ing Disabled Persons is aimed at educating thepublic on matters related to the concept of dis-ability and encouraging disabled persons too rganize in order to make themselves heard .Emphasizing prevention, rehabilitation andequalization of opportunities for disabled per-sons with a view to achieving the goal of fullparticipation in community life and equalityof opportunities, the programme assigns gov-ernments the responsibility for taking pre-ventive measures to gradually eliminate theconditions that lead to impairment and fordealing with the consequences of disabilityo n individuals. It is coordinated, imple-m e n t e d and evaluated by the United NationsC e n t re for Social Development and Humani-tarian A ffairs in Vienna. It has been pro l o n g e dfor another decade (1993-2002), with the objec-tive of achieving a society for all by the year2 0 1 0 .

Multisectoral collaborationand moral and politicalcommitment

The three specialized agencies of theUnited Nations with a mandate to promote thegoals of rehabilitation and equalization ofopportunities of people with disabilities arethe World Health Organization (WHO), theILO and the United Nations Educational, Sci-e n t i fic and Cultural Organization (UNESCO).These agencies are endeavouring to step uptheir cooperation in order to promote multi-sectoral collaboration at the national level forpeople with disabilities. Numerous activitieshave been carried out under the aegis of theUnited Nations as part of the World Pro-gramme of Action. Of particular importancewas the adoption by a resolution of the UnitedNations General Assembly of a set of rules tobe observed by governments in order to cre a t ethe necessary conditions for achieving theobjectives laid down in the World Pro g r a m m eof Action. These rules re q u i re moral and polit-ical commitment on the part of governments,as well as the resolve to undertake the neces-sary measures. (See Appendix V. )

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UN Standard Rules on the Equalizationof Opportunities for Persons withDisabilities

The Standard Rules, based on the philoso-phy of the World Programme of Action, focuson the responsibility of governments for identi-fying and gradually eliminating barriers to theapplication of the universal principle of equal-ity to people with disabilities. The Rules laydown standards concerning equality of oppor-tunity and identify target areas for action(accessibility of the physical environment andthe activities and services generally provided toall citizens: education, employment, incomemaintenance and social security). States under-take to create the legal bases for equalizationm e a s u res and for removing conditions thatmay adversely affect the lives of persons withdisabilities; to recognize and encourage org a n i-zations of disabled persons and guarantee theirrights; and to establish coordination betweend i ff e rent social groups (creation of multidisci-plinary committees) in order to ensure a com-p rehensive approach to the problem of disabil-ity and ways of overcoming it. The Rules laydown guidelines for action to be taken by gov-ernments. They also provide guidance to allthose involved in disability issues, and viewfamily members as active partners in a con-certed effort to improve the quality of life ofpeople with disabilities. The need to include arule on family life and personal integrity aro s ef rom the implementation of the World Pro-gramme of Action. Provision is also made for amonitoring mechanism, which includes assist-ing States on request to evaluate their pro g re s s ,taking account of each country’s economic,social and cultural situation. States are pro-vided with advisory services and encouragedto exchange information on their experience inthe areas covered by the Rules.

Other relevant internationallabour standards

A look at the context in which the instru-ments under consideration were adoptedshows the extent to which the concerns ofpolitical decision-makers with respect topeople with disabilities have evolved, as havethe measures taken at the international level top rovide them with assistance, promote theirintegration in working life and enable them toparticipate on equal terms in community life ineach country. Convention No. 159 and Recom-mendation No. 168 should also be placed in

context vis-à-vis the cohesive and constantlyevolving body of standards constituted by therelevant ILO instruments.• The Vocational Rehabilitation (Disabled) Rec-

ommendation, 1955 (No.99), which is the ref-e rence text in this field, has served as a basisfor the national legislation of many coun-tries, prompting them to consider the waysin which people with disabilities could behelped to adapt to the re q u i rements of thelabour market. It has also made govern-ments aware of the human resource poten-tial of this category of the population.

• The Discrimination (Employment and Occupa-tion) Convention, 1958 (No. 111 ), underwhich ratifying States undertake to declareand pursue a policy aimed at eliminatingdiscrimination, which is defined as any dis-tinction, exclusion or pre f e rence made onthe basis of race, colour, sex, religion, polit-ical opinion, national extraction or socialorigin or such other distinction as may bedetermined by the Member concerned,which has the effect of nullifying or impair-ing equality of opportunity or tre a t m e n t .Recommendation No. 111, 1958, which sup-plements the Convention, provides that theapplication of the policy of non-discrimina-tion “should not adversely affect specialm e a s u res designed to meet the particularre q u i rements of persons who, for re a s o n ssuch as ... disablement ... are generally rec-ognized to re q u i re special protection orassistance” (Paragraph 6).

• Convention No. 159 on the application ofthe principle of equality of opportunity andt reatment between disabled men andwomen workers was largely based on theEqual Remuneration Convention (No.100) andRecommendation (No.90), 1951.

• The Employment Policy Convention, 1964(No. 122), requires, as a major goal, a policydesigned to promote full, productive andfreely chosen employment. Its accompany-ing Recommendation (No.122) provides inthis context that efforts should be madet o meet the needs of disabled persons.Under the Employment Policy (Supple-mentary Provisions) Recommendation,1984 (No. 169), in the context of an overallemployment policy, measures should beadopted to respond to the needs of disabledpersons, including measures of vocationalrehabilitation. Furthermore, the Recom-mendation stresses that incentives appro-priate to national conditions and practice

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might be provided in order to facilitate theimplementation of the measures referred toabove.

• The Human Resources Development Conven-tion, 1975 (No. 1 4 2 ), lays down the obliga-tion to extend gradually systems of voca-tional guidance and information to disabledpersons (Article 3, paragraph 1).

• The Employment Promotion and Pro t e c t i o nagainst Unemployment Convention, 1988(No.168), provides for equality of treatmentfor all persons protected, without discrimi-nation on the basis of a number of grounds,including disability (Article 6(1)).

A number of other instruments have a morepractical, albeit incidental, bearing on thesematters. In chronological order of adoption,they are as follows:• The Income Security Recommendation, 1944

( N o . 6 7 ), mentions invalidity and employ-ment injury as contingencies to be coveredby compulsory social insurance. It providesthat arrangements should be made to takeaccount of loss of earnings due to disabilityas a condition for entitlement to benefit(Paragraph 11).

• Article 6 of the Medical Examination of YoungPersons (Industry) Convention, 1946 (No. 77),Article 6 of the Medical Examination of YoungPersons (Non-Industrial Occupations) Conven-tion, 1946 (No. 7 8 ) and Paragraph 9 of theMedical Examination of Young PersonsRecommendation, 1946 (No. 7 9 ), provide form e as u res for the vocational guidance andphysical and vocational rehabilitation ofchildren and young persons found by med-ical examination to be unfit or only partiallyfit for employment.

• The Employment Service Convention (No. 88)(Article 7(b)) and Recommendation (No. 8 3 )(Paragraph 4(b)), 1948, refer to measures tobe taken to develop special arrangementsfor the placement of disabled persons.

• The Minimum Wage Fixing Machinery (Agri-c u l t u re) Convention, 1951 (No. 9 9 ), pro v i d e sfor the possibility of making exceptions inindividual cases to prevent curtailment ofthe opportunities of employment of physi-cally or mentally disabled workers (Article3, paragraph 5).

• The Social Security (Minimum Standards)Convention, 1952 (No. 1 0 2 ), provides that theinstitutions administering medical careshall cooperate with the vocational rehabil-itation services with a view to the re-estab-

lishment of disabled persons in suitablework (Article 35).

• The Employment Injury Benefits Convention,1964 (No. 1 2 1 ) (Article 26), and the I n v a l i d-i t y, Old-Age and Survivors’ B e n e fits Conven-tion, 1967 (No. 1 2 8 ) (Article 13), lay downthe obligation for Members to provide re h a-bilitation services designed to pre p a re dis-abled persons wherever possible for theresumption of their previous activity, or, ifthis is not possible, the most suitable alter-native gainful activity, having re g a rd totheir aptitudes and capacity, and to takem e a s u res to further the placement of dis-abled persons in suitable employment.

• The I n v a l i d i t y, Old-Age and Survivors’ B e n e-fits Recommendation, 1967 (No. 1 3 1 ), refers, inparticular, to children of an insured personwho have a chronic illness or infirmity dis-abling them for any gainful activity (Para-graph 1(f)(ii)).

Contents of the chief ILO instru m e n t s

Convention No. 159

The Convention consists of three Parts, con-taining nine Articles, followed by the usualfinal provisions.• Part I (Article 1) defines the term “disabled

person” and the concept of vocational re h a-bilitation. It specifies that the latter shall bemade available to all categories of disabledpersons. Part II (Articles 2 to 5) lays downthe principles of a national policy on voca-tional rehabilitation and employment of dis-abled persons (Article 2). The policy muste n s u re that appropriate measures are madeavailable to all categories of disabled per-sons (Article 3) and must be based on theprinciple of equality of opportunity betweenworkers with disabilities and other workers,and equality of opportunity and tre a t m e n tbetween disabled men and women workers(Article 4). Article 5 provides for consulta-tion on the implementation of the policy ofthe re p resentative organizations of employ-ers and workers, as well as re p re s e n t a t i v eo rganizations of and for disabled persons.

• Part III (Articles 6 to 9) deals with the actionto be taken to develop vocational re h a b i l i-tation and employment services for dis-abled persons: Article 6 provides that mem-bers shall take the necessary steps to givee ffect to Articles 2 to 5; Article 7 provides forthe setting up and evaluation of vocational

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guidance, vocational training, placementand employment services for disabled per-sons and recommends the use of servicesexisting for workers generally; under A r t i-cle 8, vocational rehabilitation and employ-ment services for disabled persons shouldbe established in rural areas and re m o t ecommunities; Article 9 re q u i res Members toensure the training and availability of reha-bilitation counsellors and qualified staffresponsible for the vocational guidance,vocational training, placement and employ-ment of disabled persons.

Recommendation No. 168

Recommendation No. 168 is divided intonine parts.• Part I deals with definitions and scope,

along the same lines as the Convention.• Part II lists specific measures, both dire c t

and indirect, that should be taken to pro-mote the rehabilitation and employment ofdisabled persons. Emphasis is placed on thepurpose of such measures, which is toenable these persons to become integratedor reintegrated in ordinary working life.

• Part III recommends community participa-tion (employers, workers and disabled per-sons’ organizations) in organizing andoperating vocational rehabilitation services.

• Part IV suggests specific measures to estab-lish vocational rehabilitation services inrural areas and remote communities.

• Part V covers the training and further train-ing of vocational rehabilitation staff andsuggests that persons engaged in vocationalguidance, vocational training and place-ment of workers generally should have anadequate knowledge of disabilities andtheir limiting effects.

• Parts VI and VII provide guidelines on thecontribution that can be made by employ-ers’ and workers’ organizations, as well asdisabled persons and their organizations, tothe development of vocational re h a b-ilitation services. In particular, it is re-commended that employers’ and workers’o rganizations promote the integration orreintegration of disabled persons in enter-prises, on the one hand, and on the other,raise the problem of their rehabilitation attrade union meetings.

• Part VIII refers to social security schemesand the ILO instruments on social security

and invites Members to bring national socialsecurity provisions into line with standard sp roviding for the vocational re h a b i l i t a t i o nand employment of disabled persons.

• Part IX calls for coordination between voca-tional rehabilitation policies and pro-grammes and programmes of social andeconomic development.

Status of ratifications

As at 30 August 1998, Convention No. 1 5 9 ,which entered into force on 20 June 1985, hadbeen ratified by 63 countries, which are listed inAppendix VI. The three most recent ratific a t i o n sw e re the outcome of discussions during therecent International Labour Conference in 1998concerning the Survey on the implementationof these two instruments: many governmentse x p ressed their intention to ratify ConventionN o . 159 as a means of signalling their commit-ment to the cause of people with disabilities.

Practical ILO activities

ILO action to assist member States to for-mulate national policy and to design, imple-ment and evaluate programmes in the field ofvocational rehabilitation and the employmentof disabled persons has made some headwayover the years.

Vocational rehabilitation centresand sheltered workshops

Early technical cooperation projects helpedgovernments, usually ministries re s p o n s i b l efor social and labour affairs, to establish voca-tional rehabilitation centres and sheltere dworkshops. Assistance was provided on facil-ity design, the identification of appro p r i a t evocational skills training courses, the purchaseof tools and equipment, the establishment ofvocational assessment and counselling ser-vices, and the training of centre personnel.

Community programmes in rural areas

Later technical cooperation pro j e c t saddressed the needs of disabled persons livingin rural areas without access to vocationalrehabilitation centres, usually located in citiesand towns. These projects helped nationalauthorities to establish community-based re h a-bilitation (CBR) programmes, with particularemphasis on the development of curricula andthe training of CBR extension workers.

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The non-structured or informal sector

In many developing countries, despite thep rovision of vocational rehabilitation servicesand skills training through centres and CBRp rogrammes, many disabled individuals havefailed to obtain work. As a result, ILO techni-cal support was sought to establish pro-grammes to assist disabled individuals to startinformal sector income-generating activities.These employment creation programmes aimat the following goals: management skillstraining, guidance in the identification ofviable local business opportunities, assistancein the preparation of business plans, andaccess to credit. Such activities have often beenundertaken in collaboration with UNESCOand WHO.

Increased demand for ILO projects

With the growing emphasis in many coun-tries on equality of opportunity for personswith disabilities, a demand for “mainstre a m ”or integrated vocational skills training oppor-tunities has led to additional requests for ILOtechnical cooperation projects. These pro j e c t shave assisted ministries and institutionsresponsible for technical and vocational edu-cation and training in adopting policies andpractices, and adapting training facilities, cur-ricula and equipment for the inclusion oftrainees with disabilities. They have also pro-vided guidance for vocational instructors andother personnel in training individuals withd i ff e rent types of impairments (visual, hear-ing, mobility, etc.).

Additional technical cooperation pro j e c t shave been implemented in countries emergingf rom armed conflict, and addressed the re h a-bilitation and training needs of both disabledex-combatants and disabled civilians.

Meetings of all partners

L a s t l y, technical cooperation activities in theform of regional technical tripartite or quadri-partite meetings, bringing together re p re s e n t a-tives of governments, employers, workers anddisabled persons’ organizations, have beeno rganized to provide policy advice in the fie l dof disability, particularly on how to implementthe provisions of Convention No. 159 innational law and practice. Between May 1990and April 1995, four such seminars were there-f o re held in Côte d’Ivoire, Egypt, Malawi andZ i m b a b w e .

Disseminating information

At the time, the reports of these seminarsw e re published in “Inside Rehab”, the newslet-ter of the Vocational Rehabilitation Branch ofthe ILO. In addition, between 1992 and 1994,this same service published (in English, Span-ish, French and Portuguese) a guide1 for theuse of trade union organizations in cre a t i n gemployment for disabled persons. In August ofthe same year, it also published a handbookintended for multidisciplinary teams andregional or local ILO stru c t u res, containing as p e c i fic chapter on activities to be carried out toassist workers and their organizations.2

Trade unions as actors in integration

A lacklustre achievement

The importance ascribed to the role of tradeunions in strategies for integrating disabledpersons into the ordinary work enviro n m e n tshould have generated a correspondingly highlevel of activity on their part. Indeed, it is uni-versally agreed that on account of their knowl-edge of the field, networking capacity, weightin labour circles and their legitimacy, tradeunions are a key factor in the successful imple-mentation of these policies. One would there-f o re think that trade unions, being as alive asthey are to the problems of discriminationagainst disabled workers, have incorporatedthese issues into their strategies and actionp rogrammes. Yet the information available tothe ILO is too fragmented and dated to serveas a basis for a targeted, up-to-date evaluationof trade union involvement in this re g a rd, evenif it does point to concrete and wide-rangingactions. It would surely be appropriate to turnto the unions themselves for more recent infor-mation to supplement the presentation thatf o l l o w s .

The United States and Canada

Despite the foregoing qualification as tomethod, it is possible to describe a “sampling”of trade union activities. For example, in the1980s, and working through the HumanR e s o u rces Development Institute, the A m e r i c a nFederation of Labor – Congress of IndustrialO rganizations (AFL-CIO) designated special-ists for the placement of disabled workers, ini-tially in nine, then 59 major American cities.A round the same time and as part of a thre e -year programme, the Clothing and Te x t i l e

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Workers Union (ACTWU) drew up a positivediscrimination guide for the use of its variousbranches. The International Association ofMachinists (IAM), a union covering both theU S A and Canada, launched programmes ini-tially entitled “IAM Cares”, later re n a m e d“IAM Job” once the programme had developeda degree of autonomy. The Canadian A s s o c i a-tion of Industrial Mechanical and Allied Wo r k-ers (CAIMAW), for its part, focused attentionon strategies for job retention by workers suf-fering occupational accidents by offering toassist the unions in negotiating with employers.

The ETUC: A code of good practices

M o re recently in Europe, the ETUC org a-nized two seminars to examine the subject oftrade unions and the rights of people with dis-abilities. During the second seminar, it wasproposed to draw up a code of good practicesconcerning the employment of persons withdisabilities and to submit it for discussion inthe framework of the Social Dialogue. It wasalso proposed that consideration should begiven to elaborating a model agreement thatcould be negotiated with the Union of Indus-trial and Employers’ Confederations of Europe(UNICE), and with the European Centre ofEnterprises with Public Participation (CEEP).

A weekly letter, a number of brochures

In the United Kingdom, the Trades UnionCongress (TUC) has set up a specialized officefor dealing with disability-related issues andlaunched an intense campaign to publish aseries of bro c h u res containing explanationsand assistance intended for disabled persons(including a weekly letter distributed by elec-t ronic mail and other means), to help theme n f o rce their rights. We may also mention theTUC’s commitment to a campaign to defendand improve the mechanism called “Access toWork” and its role with respect to the discus-sion of the theme “Civil rights or discriminat-ing law?”

Levies and improved disabilitymanagement

In France, trade unions have been associ-ated with the management of the Fund for theOccupational Reintegration of People with Dis-abilities since the enactment of the 1987 law.This Fund is responsible for collecting leviesdue from employers who fail to respect the

re c ruitment quota for disabled persons and hashelped to enhance the management of thep roblems through a training programme fortrade union officers, financed by the Funditself. It should also be mentioned in connec-tion with France that the possibilities for enter-prise negotiations on a voluntary integrationpolicy has failed to arouse much interest as am e re 80 companies and two industries havemade use of it.

Nevertheless, this brief outline would stillneed to be supplemented with an update,though the examples submitted by the unionsthemselves for the purposes of this publicationare the best illustration of their activities in thisregard at the present time.

Means of action that can be better used

At this stage we should underline the threelevels of trade union action as set out by Con-vention No. 159 and Recommendation No. 1 6 8 .No hierarchical order is being suggestedamong these diff e rent levels, as this is mere l yan attempt to clarify our intention.

National level

First, the national level. What is at stake isparticipating in the elaboration of comprehen-sive policies, defining and adapting laws andregulations concerning people with disabili-ties. It is a global policy level for which nationalconfederations are generally responsible.

Professional sectors

The next level is that of pro f e s s i o n a lbranches. The negotiation of collective agre e-ments, investing in labour-management instru-ments for managing the branch – additionalsocial security protection, vocational upgrad-ing, occupational health and safety – these areall areas in which proposals can be made forthe improved management of the problems ofdisabled workers.

The enterprise

Next comes the enterprise level. This is akey level as it is where real and not just formalintegration takes place, to echo an observationfrequently made by the associations of peoplewith disabilities. The specific problems arise atthis level, as it brings us face to face with thereal situation in the enterprise. But it is also a

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level that presents trade unions with a majoro p p o r t u n i t y. Because of their intimate knowl-edge of the enterprise milieu, because theydevelop information-sharing networks withinit, and being abreast of the problems of worko rganization, trade unions can assist in theprocess of identifying employment opportuni-ties and the workplace adaptations that wouldbe needed to facilitate the re c ruitment ofpeople with disabilities.

Labour-management oversight rolefor trade unions

To all intents and purposes, however, it willonly be by good coordination of the diff e re n tlevels that trade union action will be mosteffective, and this in several directions:• a w a re n e s s - c reation within intermediary,

grass-roots and employee-level trade unionstructures;

• overseeing and constantly monitoringdevelopments on the vocational integration“ f ront”. We believe that only the tradeunions are able to fulfil a kind of labour-management oversight function and fur-nish invaluable information, such as “longi-tudinal” studies on the professional careersof disabled workers or even educationalprofiles; and

• intervening and negotiating within theframework of the foregoing.

Within trade unions themselves:Questions that may be raised

Trade union bodies could examine twoadditional topics. The first is the place and roleof disabled persons within the unions them-selves. What are unions doing to enable per-sons with disabilities to participate in tradeunion activities within and outside the enter-prise? What is being done regarding accessibil-ity of meeting rooms, means of communicationallowing persons with sensory impairments toreceive information and express their opinionson the action programmes and directions beingtaken by their union, how their specific needsa re being analysed and taken into accountwithin trade union claims, at all levels of theo rganization. In other words, the issue beforetrade unions is that of full participation by peo-ple with disabilities in the democratic life of theenterprise on a basis of equality with all otheremployees and the ways and means deployedby the unions to make this full participation

possible. This edition will carry illustrations ofwhat is currently being done in severalnational contexts in that re g a rd, though theyare not being put forward as models.

Concrete assistance

This section will conclude by addressing thesecond topic, which is an outgrowth of the fir s t .Indeed, in their struggle for recognition and fullparticipation, persons with disabilities must beable to count on the trade unions not only forpolitical statements but also for concrete assis-tance through union-sponsored services forvocational training, re c ruitment and hiringassistance and help with the countless and dif-ficult pro c e d u res that must be completed bydisabled persons. Examples are given in thearticles in this issue and only the trade unionsthat can carry out this type of activity.

Lines of action to be pursued

Having reviewed the diff e rent means ofaction available to trade unions, it is certainlyuseful to look again at the lines of action opento them. A recent symposium held in Washing-ton at the initiative of the ILO suggested fiv ekey action categories with respect to obtaining,keeping and returning to work. Though wecannot discuss each one in detail, it is worthrecalling them here.

The five key categories with respectto obtaining, keeping and returningto work:

• The first is that of public policies and initia-tives to be taken with a view to positivelyi n fluencing their orientation. By interven-ing appropriately on their own behalf or aspart of alliances with other players in thecivil society, trade unions can oblige law-makers to take account of the pro b l e m sfacing disabled workers and to amend thelaws and regulations hampering their fullparticipation.

• The second concerns programmes of al-lowances and compensation implementedby countries. Depending on their level,their scope for combining work withallowance payments and how they aremanaged, these systems may achieve satis-factory occupational integration, or contrar-ily, may confine disabled persons to activi-ties that sideline them and which they canleave only at the risk of marginalization.

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• The third relates to rehabilitation and jobassistance services. Here again, the orienta-tion of these services will be all-important indetermining whether they will pro m o t einclusion in mainstream areas of vocationaltraining or continue to restrict people withdisabilities to a closed environment. Inmany countries, trade unions carry signifi-cant responsibility in the management ofvocational training and it is for them, if theyhave the political will to do so, to further thecause of openness.

• The fourth category addresses the adapta-tion of jobs and workplaces. It is inconceiv-able that trade unions could have nothing todo or say in this connection when, as hasbeen stated before, they are at the very coreof the production process. A d m i t t e d l y, thematter of determining what is re a s o n a b l eadaptation of workplaces pursuant to anti-discrimination laws is a formidably complexone. But ever more frequent trade union useof ergonomic studies has enabled them toa c q u i re expertise in this field that no one canseriously contest.

• The fifth and last category covers strategiesimplemented at enterprise level under whatis known as “disability management”.Sometimes falling within the framework ofcodes of good practices jointly worked outby management and labour, these strategiessimultaneously aim to meet the needs ofenterprises stemming from their statutoryobligations with respect to hiring andre c ruitment, and additionally to pro m o t einnovation by combining financial consid-erations (how the enterprise can minimizethe costs entailed) with social goals ofi m p roved occupational health and safetyand disability prevention. In the same con-nection, timely intervention in the event of

A whole arsenal

N u m e rous initiatives have been taken onmany fronts to promote the employment ofpeople with disabilities. These include fin a n-cial incentives, improved re c ruitment pro-c e d u res, assistance in adapting workplaces,incentives for work-related disability pre v e n-tion, awareness-building campaigns amongheads of enterprises and quota systems. Inshort, a whole arsenal of measures has beendeveloped around two main policy lines. Thefirst was the recognition and acceptance byemployers of their role (sometimes under pres-s u re from the unions) often accompanied bythe creation of associations and networksactive in that sphere.

The emphasis on inclusion, integrationand non-discrimination

Second, as with other aspects of employ-ment policies, there is the manifest will tomobilize spending as a means of inclusion orintegration rather than of marginalization andexclusion even for commendable reasons. Thisnotwithstanding, we must acknowledge thatthe accomplishments are still short of theexpectations of people with disabilities. Peoplewith disabilities everywhere continue to seehigher joblessness within their ranks and aduration of unemployment often approachingtwice the average. And we have yet to tacklethe issues of disabled women, who are subjectto additional discrimination, disabled youngpeople, who are doubly penalized in regard tojob access, or the plight of persons with themost severe impairments.

Difficult problem: Disabled people with no work experience

No country seems to have come up with aformula for mastering this problem and each isturning to the experiences of others in the hopeof learning from them. This is a new enoughdevelopment to warrant special mention here .We may also add another observation to thisre v i e w. A c ross many countries there is an obvi-ous worsening of the lot of disabled personswho have never worked. And although the cur-rent ILO survey on the matter would suggestthat strategies for preserving and returning to

work are scoring some successes, special prior-ity attention should be given in the comingyears to persons who have never had access towork, given the critical nature of this pro b l e m .M o re o v e r, there is general agreement that theideal approach should be something more thana mere imitation of what is being done for dis-abled persons with work experience.

Different means to the same end

C l e a r l y, the battle for full and completerecognition of the right of people with disabil-ities to work and vocational training is far fro mwon. A d m i t t e d l y, some headway has beenmade, but let us not deceive ourselves, a longway still lies ahead before handicapped per-sons can benefit from equality of opportunity.

The reader will observe that the approachesfollowed in diff e rent places may sometimesd i v e rge in terms of their orientation, theresources made available or the type of admin-istrative organization adopted; but the objec-tive is always the same: to enable people withdisabilities to enjoy full participation. Thisobjective will not be achieved without unwa-vering determination and strong long-termcommitment on the part of both labour andmanagement.

For the sake of human rights and the obser-vation of those rights, to which the trade unionsa re committed, this struggle can – and must –be that of the trade unions. By assuming thes t ruggle true to their history, they will help tomake the society truly a better place for all.

References

Thornton, P. and Lunt, N. 1997. Employment policies for the dis-abled people in eighteen countries: A re v i e w, York, Univer-sity of York, Social Policy Research Unit, VI, pp. 313.

Doyle , B. 1995. D i s a b i l i t y, discrimination and equal oportunities:A comprehensive study of the employment rights of disabledp e r s o n s, Studies in Labour and Social Law Series, Lon-don, Manswell, XV, pp. 380.

Notes

1 I L O : Job creation for disabled people: A guide for workers’organisations, Geneva, 1992, 29 pp.

2 I L O : Manual for Multidisciplinary Teams and Field Offices:A guide to policies, issues and approaches related to disability,Vocational Rehabilitation Branch, Geneva, 1994.

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The Workers’ group had played a majorrole in the adoption of Convention No. 1 5 9and Recommendation No. 168 at the 1983

No access to education or training

F u r t h e r m o re, as a result of their disabilityand the prejudices they face in society, personswith disabilities have very limited access tovocational education and training and hence toemployment, especially paid employment inmodern industries. In Namibia, for example,according to a 1991 survey, 57 per cent of eco-nomically active persons with disabilities werejobless and only 25 persons with disabilitiesmanaged to find employment on the open jobmarket each year.

On their own: small businessesor handicrafts

The vast majority of working persons withdisabilities generally work on their own, in anindependent endeavour. The ILO survey citedabove also showed that in Benin and Guineathe great majority of working persons with dis-abilities are set up on their own account as non-salaried, independent workers (four out of fiveworking persons). In Guinea, half the personswith disabilities are engaged in small-scaleretailing, while in Burkina Faso, almost two offive employed persons with disabilities areinvolved in production, mainly in handicrafts.Some have joined together to form cooper-atives or sheltered workshops. It should also benoted that a growing number of young anddisabled persons who have been properly edu-cated and trained are joining the mainstre a mjob market.

Policies, strategies and theirdevelopment

The policies and strategies to help peoplewith disabilities, whether in terms of their inte-gration or reintegration into employment orother spheres (health, education, and training)have undergone remarkable change. Up to theend of the 1970s, the accent had been on therights and capabilities of persons with disabil-ities to receive job training. Vocational rehabili-tation centres and workshops were set ups p e c i fically for disabled workers, in some casesthanks to ILO support under technical cooper-ation programmes. In that connection, ILORecommendation No. 99 (1955) contained ab road range of measures concerning vocationalguidance, training and placement of personswith disabilities.

The changed perception of impairment

But the limitations of this strategy soonbecame clear. It focused on the disabled per-sons while overlooking the society in whichthey were to be integrated. It tended to confinepersons with disabilities to “institutional ghet-tos” comprised of centres for disabled persons.The International Year of Disabled Personsd e c l a red in 1981 with the theme “full partici-pation and equality” was a watershed in thechanging perception of disabilities and instrategies for managing the needs of disabledpersons. Disability ceased to be treated in iso-lation, but thenceforth in relation to an envir-onment, or a given situation. Emphasis was tobe placed not only on the person, to ensuregood education, but also on the enviro n m e n tand the society into which that person was tobe integrated. This was what gave rise to newconcepts such as equality of opportunity, inte-gration into community life, as well as com-munity-based rehabilitation programmes. ILOConvention No. 159 and RecommendationN o . 168 (1983) embody these principles andupdate Recommendation No. 99 by shifting theemphasis to integration into mainstream train-ing systems and employment.

Integration presupposes removal of the bar-riers and stumbling blocks in its way. These arenot only physical or contextual in nature, buta re mostly ingrained ways of thinking (pre j u-dices, misconceptions, paternalism, and so on).

Trade union attitudesto disability-related issues

African trade union awareness of disabilityissues is extremely low. Most of those in thetrade unions hold the same perception as soci-ety at large. Unfortunately, that perception isbased on clichés, misguided ideas or evenp rejudices. Most often, disability is simply syn-onymous with incapacity: the problems of dis-abled persons belong in the domain of socialassistance and not that of entitlement to work,for instance. How often have we not heardAfrican trade unionists say: how do you expectus to see about work for disabled personswhen non-disabled people cannot find work?

Lack of appropriate responses

Trade unions in Africa do not always havethe appropriate response when it comes tosafeguarding the needs and interests, at enter-prise level, of those of their rank and file with

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disabilities. They are poorly equipped for thistask. Not knowing how to approach theirresponsibilities in this area, African trade unionsmost often opt for passivity or even indiff e re n c e .

Some progress since 1983

Nevertheless, over the past 15 years, in thewake of the 1983 adoption of ILO ConventionN o . 159 and Recommendation No. 168 on thevocational rehabilitation and employment ofpersons with disabilities, and their ratificationand implementation by several African coun-tries, the position of African trade unions hasmade some welcome, if as yet halting, progress.The many experiments launched by the ILO,d i rectly or through its support of trade unionorganizations, governments and organizationsof persons with disabilities have largely con-tributed to this.

Encounters and sharing of experiences

Thus, the ILO organized a quadripartiteseminar in Malawi in 1990 bringing togetherthe government, trade unions, employers andorganizations of disabled persons. It produceda guide for the use of workers’ organizations inmatters of job creation for persons with dis-abilities.2 Since then, virtually all regional, sub-regional or national seminars, workshops andforums organized under technical cooperationp rojects or in support of the elaboration ofnational policies or laws have provided oppor-tunities for encounter and the sharing of expe-riences among workers’ organizations and dis-abled persons or their organizations.

Consensual action plan

The same was true of the technical meetingon the formulation of national policies andlaws to assist persons with disabilities in south-ern Africa held in Harare, Zimbabwe, from 3 to7 April 1998. At that meeting, each country inthe subregion tabled a consensual nationalaction plan. The various re p resentatives ofgovernments, employers, workers and organi-zations of persons with disabilities committedthemselves to implementing them. Further-m o re, the Harare Declaration adopted by thismeeting re a ffirmed the commitment of the par-ticipants to ensuring the integration or re i n t e-gration of persons with disabilities into thework environment and community life.

The subregional seminar for the promotionof multisectoral cooperation to assist persons

with disabilities, held in Abidjan, Côte d’Ivoire ,f rom 28 August to 1 September 1995 andattended by workers’ organizations, was alsoin keeping with this “quadripartite” partner-ship approach.

As part of the implementation of the vari-ous vocational training and/or social and eco-nomic integration projects for persons withdisabilities in the African region, such as“ I m p roved livelihood for disabled women:A p romotional programme for southernAfrican countries”, or the “Programme forsocio-economic integration of disabled per-sons” in West Africa, aware n e s s - c reation andtraining seminars have been organized fortrade union organizations in the diff e re n tcountries covere d .

Incorporation of articles intolabour codes and sponsorship

In some countries, such as Benin or To g o ,trade unions have sometimes used the oppor-tunity offered by reviews of the labour code tolaunch initiatives for the introduction of provi-sions on disabled workers.

Some trade union organizations sponsorassociations or groups of persons with disabil-ities. Such was the case of the DIGNITÉ feder-ation in Côte d’Ivoire (see box).

Furthermore, African trade union organiza-tions are very much alive to the problems ofoccupational accidents that sometimes leaveworkers disabled and often call for vigoro u sunion action to safeguard the interests of suchpersons and ensure payment of compensation.

Appraisal of experiences

T h e re is evidently a multitude of experiencesand initiatives designed to sensitize and pro-mote greater involvement of African tradeunions in the process of social and vocationalintegration and reintegration of persons withdisabilities. Even though encouraging, theaccomplishments – a noticeable change of lan-guage, attitudes and ways of thinking – are stillp a l t r y. Several explanations may be advancedfor this:

• Changing a way of thinking is a long-termprocess. Prejudices towards disabilities anddisabled persons are proving tenacious.

• In a situation of economic depression, polit-ical instability and sometimes war, as wellas high levels of joblessness, the oftenunderfunded and poorly organized trade

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unions tend to concentrate their energies onmaintaining their acquired rights.

• The vast majority of disabled workers inAfrica are active in the non-organized orinformal sector where trade unions are vir-tually absent.

• Within the ILO, the creation of multidiscipli-nary teams had raised high hopes of a con-certed and multidisciplinary approach to thep roblems of disabled workers under theo rganization’s mandate and the interna-tional instruments adopted by it. The Vo c a-tional Rehabilitation Branch had drawn up ahandbook for the use of specialists fro mother disciplines to enable them to bring theneeds of disabled workers within the scopeof their activities. Regre t t a b l y, this area ofconcern is for the time being still absent fro m

w o r k e r’s education programmes and fro mtechnical support and advice provided bylabour specialists to trade union bodies.

Future action proposals

Article 2 of ILO Convention No. 159 con-cerning the vocational rehabilitation of personswith disabilities states that “Each Member shall,in accordance with national conditions, practiceand possibilities, formulate, implement andperiodically review a national policy on voca-tional rehabilitation and employment of dis-abled persons.” Article 4 reads: “The said policyshall be based on the principle of equal oppor-tunity between disabled workers and workersg e n e r a l l y.” Lastly, Article 5 prescribes as follows:“The re p resentative organizations of employersand workers shall be consulted on the imple-mentation of the said policy (...)”. The actionframework and roles assigned to workers’o rganizations are thus clearly circ u m s c r i b e d .

F u r t h e r m o re, Part VI of RecommendationN o . 168 sets out the contribution expected fro mworkers’ organizations and the correspondingsteps to be taken. It places priority on the adop-tion by workers’ organizations of a policyfavouring the training and placement of dis-abled persons in suitable work, on an equalfooting with other workers. In pursuit of theseobjectives, the following steps would need tobe taken:• bolstering, through workers’ education pro-

grammes and technical cooperation pro-jects, the capacity of African trade uniono rganizations, inter alia, to assume theirrole and responsibilities with regard to theintegration and reintegration of people withdisabilities into employment;

• encouraging and helping to stre n g t h e nalliances forged among organizations ofpersons with disabilities and workers’organizations; and

• s t rengthening the multidisciplinary ap-p roach within the teams for the sake ofi m p roved management of the problems andneeds of persons with disabilities in all thesectoral activities launched by the specialists.

Notes

1 ILO: Job creation for disabled people: A guide for workers’organisations, Geneva, 1992.

2 ILO: Manual on disability for multidisciplinary teams andfield offices, Geneva, 1994. (Available in English and French.)

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Example of partnership between atrade union organization and an organ-

ization of persons with disabilities

Since its inception in 1994, the DIGNITÉtrade union federation in Côte d’Ivoire hastaken up the defence of disabled workers’interests in the following ways:1. c reating an internal unit for persons

with disabilities;2. since 1995, regular inclusion of the fol-

lowing items in its annual Labour Dayclaims:• establishment of a re c ru i t m e n t

quota re s e rved for persons with dis-abilities by all enterprises with aworkforce exceeding 50 persons;

• adoption of a national law favour-ing the vocational integration ofpeople with disabilities;

• fellowships for disabled students;• c reating a national solidarity fund

to assist persons with disabilities;• o rganizing vocational training and

a p p renticeship for disabled youngpeople;

• s u p p o rt for the establishment ofm i c ro-enterprises or co-operativesof persons already trained.

DIGNITÉ also sponsors a group of some30 disabled young people who have set upan association called “Association Solidar-ité pour la réhabilitation des personneshandicapées en Côte d’Ivoire”. This associ -ation is an affiliate of DIGNITÉ and re c e i v e sits support in various ways, especially fortraining its members in form u l a t i n gincome-generating projects.

A disabled person living in a Latin A m e r i-can country today has a strong chance of find-ing himself or herself among the 3,000 millionpeople in the world having to subsist on lessthan two dollars a day. This is the harsh conse-quence of belonging to one of the larg e s tminorities in the world, whose members are alltoo frequently condemned to extreme poverty,unemployment and social isolation. A bitter lots h a red by over forty million persons – one inevery ten persons – suffering from some formof disability in Latin America.

Work is, without doubt, the most eff e c t i v e– if not the only – remedy to escape from sucha desperate situation, and particularly so at atime when social welfare systems are stre t c h e dto the limit. What is more, work is fundamen-tal for personal realization, self-esteem andsocial recognition in today’s culture. Not beingin work often means being re g a rded as a sec-ond-class citizen. The typical question: “Whatdo you do for a living?” re flects this re l a t i o n-ship between work and social position. More-o v e r, work also offers economic independenceand provides a dignified standard of living:“ first find a living and then you can find timeto think”, as the saying goes.

F rom this point of view, it is extre m e l yimportant that disabled persons enjoy the samerights and opportunities of inclusion in thelabour market as others.

How has workers’ solidarity operated inLatin America with re g a rd to disabled work-ers? What type of relation has been establishedbetween their organizations and organizationsof disabled persons? What level of dialogue,consultation and participation has beenadopted by public authorities and other socialplayers in formulating policies and applyingsocial and employment integration pro-grammes for this group? How have the latter’sneeds been taken into account when negotiat-ing tripartite agreements on social dialogue,

framework agreements or collective agre e-ments? How has the subject of disability beenhandled at enterprise level? A re disabledworkers present in the stru c t u res of tradeunions? What, when all is said and done, hasthe Latin American trade union org a n i z a t i o nmovement done in this area and what are theprospects for the future?

These and other similar questions are theleitmotiv of this document: not so much with aview to provide full answers as engage in ane x e rcise of re flection to facilitate the quest fora p p ropriate solutions on the part of the tradeunions themselves. Such is the prime aim ofthis article.

Bearing this in mind, we shall propose abrief outline of the employment panorama inLatin America in order to have an overview ofthe situation. We shall then consider some ofthe most significant features of the situation ofdisabled workers in this region in order tofocus ultimately on how trade unions are tack-ling issues relating to disability and the labourmarket. In this context, we shall describe someinitiatives which can, in our opinion, thro wlight on the direction to take in the future .

Light and shade in the employmentpanorama

The present scenario in the Latin Americanregion is marked primarily by such pro c e s s e sas globalization, State reform, market dere g u-lation and democratization. The first six yearsof the 1990s showed an improvement in pro-duction indicators, albeit without this beingaccompanied by any improvement in theemployment situation. To the contrary, theILO’s 1998-99 World Labour Report h i g h l i g h t sthe fact that unemployment in the re g i o ni n c reased in this period, rising to 8.1 per centbetween January and September 1996. In 1997,however, economic growth was translated into

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Trade unions and workers with disabilitiesin Latin America: Signs of promise?

Luis RegueraSenior Specialist

Vocational Rehabilitation BranchILO

a slight improvement in the employment situ-ation, with unemployment rates decreasing to7.4 per cent.

The decline in employment in the publicand modern sectors to the benefit of the infor-mal sector is a very important aspect to be con-s i d e red when analysing the quality of em-ployment during the decade. Privatization, ag rowing tertiary sector and increasing informallabour are three diff e rent trends behind this sit-uation. The figures show that for every 100new jobs generated, about 85 involve activitiesin the informal sector.1 The lack of social pro-tection, social security, employment contracts,or of access to institutional machinery such asmembership of trade unions and collective bar-gaining to guarantee the exercise of their fun-damental labour rights is much more the normthan the exception in this type of activity. A tthe same time, unemployment in Latin Amer-ica is characterized by its uneven effect amongd i ff e rent income groups, with the poore s tbeing hardest hit (see table).

Another important factor is the ongoingprocess of labour reform, leading to deregula-tion and greater flexibility of the labour mar-ket, which means that employment becomesmore precarious.

L a s t l y, the 1998 world financial crisis isa l ready being felt in Latin America and maygive rise to serious problems with internationalinvestors abandoning emerging markets, a cir-cumstance which might have a strong inci-dence on unemployment and undere m p l o y-ment figures in the region.

The disabled and the labour market

Invisible citizens

A c c o rding to fig u res put forward by a num-ber of international organizations, of the morethan forty million disabled persons in LatinAmerica, over twenty-five million are of work-ing age, although lack of reliable data in thisarea does not allow us to make firm statementsin this respect. While expressions of surprise atthese figures are becoming increasingly fre-quent, this is due perhaps to the fact that lowvisibility is characteristic of this population. Itsmembers are relegated to special circuits ofc a re and are not usually to be found either inschools or in everyday life or at work. Thispopulation is invisible even to the employmentstatistics of its respective countries, which arein most cases quite unaware of its existence.

As a specially vulnerable group, this popu-lation is particularly affected by the above-described employment landscape and has tobear the most negative aspects of the tre n d sdescribed above, falling as a result into a circleof unemployment, poverty and exclusion.2 Astudy carried out in Chile shows, for example,that 87 per cent of severely disabled persons ofworking age are inactive.3 At the same time,the informal sector is where this populationmost frequently finds itself relegated.

A look at standards

Despite all this, no more than a quick glanceat comparative law in Latin A m e r i ca4 is neededto realize that there are a considerable number

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Urban unemployment rates by level of income (1994) (percentages)

Total Poorest Next poorest Most affluent

Argentina 13.0 37.5 18.8 2.4Bolivia 3.2 8.1 4.0 1.4Brazil (1993) 7.4 15.5 8.5 2.9Chile 6.8 17.4 7.9 1.9Colombia 8.0 16.5 10.6 2.5Costa Rica 4.2 11.9 4.6 1.0Honduras 4.1 8.9 4.4 1.2Mexico 4.5 8.5 4.5 2.4Panama 15.7 30.6 20.1 4.7Paraguay 4.4 12.8 4.9 1.2Uruguay 9.7 19.0 10.8 3.3Venezuela 8.9 22.4 13.3 2.3

Source: United Nations Economic Commission for Latin America and the Caribbean: Social Panorama of Latin America(Santiago de Chile, 1997).

of factors which could advocate a change in thissituation. The principle of equality of opportu-nity and treatment in Latin America fig u res, to ag reater or lesser degree, in most Constitutionsand Labour Codes. In most constitutional textsthis principle is set out in general form, in thesame way as is the prohibition of any form ofd i s c r i m i n a t i o n .

There also exist explicit though passing ref-erences to non-discrimination against disabledpersons – in the Constitutions of Brazil (art. 7XXXI), Colombia (art. 13), and Paraguay( a r t . 88). Most Latin American constitutionaltexts make reference, in relation to disability, tothe concepts of protection, promotion and inte-gration, establishing positive measures aimedat avoiding discrimination. There is a similartendency in Labour Codes. The most re c e n tCodes (as in the case of the Labour Code of theDominican Republic, the Labour Pro m o t i o nLaw of Peru, or the Labour Law of Venezuela)establish more detailed regulation with regardto the employment of disabled persons, oreven provide a specific chapter on the re g u l a-tion of employment for this group. This leg-islative development is certainly the reflectionof greater social concern about the matter.

F u r t h e r m o re, the countries of Latin A m e r i c ahave equipped themselves with specific legisla-tion which on the whole contemplates an over-all framework of care for disabled persons,extending from preventive measures to mea-s u res of integration. The standards approved inthe past two decades re flect increasing empha-sis on the principle of greater equality of oppor-tunities and treatment, in contrast to earlier pro-visions which were designed above all for thep rotection of this group. The legal texts of Chile,Colombia, Costa Rica and Ecuador are clearexamples of this tre nd.5

M o re o v e r, 15 countries in the region haver a t i fied Convention No. 159 concerning Vo c a-tional Rehabilitation and Employment (Dis-abled Persons), 1983: A rgentina, Bolivia, Brazil,Chile, Colombia, Costa Rica, Cuba, DominicanRepublic, Ecuador, El Salvador, Guatemala,Panama, Paraguay, Peru and Uru g u a y. Invirtue of the international instrument, all ofthem must formulate, apply and periodicallyreview national policy with re g a rd to voca-tional rehabilitation and the employment ofdisabled persons. A c c o rding to the Conven-tion, this concept includes any “individualwhose prospects of securing, retaining andadvancing in suitable employment are sub-stantially reduced as a result of a duly re c o g-nized physical or mental impairment” (Art. 1).

T h e re are also other Conventions whichdeal with questions such as Discrimination( N o . 111), Employment Policy (No. 1 2 2 ) ,Human Resources Development (No. 142), aswell as a number of Conventions concerningSocial Security, etc., which, while directed atworkers in general, are important for disabledworkers and have been ratified by a large num-ber of countries in the region.

We may, there f o re, conclude that it is hard l ythe standards in this area which are lacking inLatin American countries, even if there is roomfor further improvement. Moreover, the regionis comparatively well situated internationallyas regards standards. The degree of implemen-tation is another matter.

Less talk, more action

As a rough guide to the present situation ofdisabled persons in Latin America, we couldsay the following:• The number of disabled persons is disturb-

ing as a global figure, mainly for thosecountries having suffered situations of con-flict, internal unrest, etc., and where theweight of the disabled is significant in pro-portion to the employed population. Itshould be taken into account, for example,that a number of Latin American countriesfind themselves among the over 60 coun-tries worldwide for which it is estimatedthat an average of 500 persons die or aremutilated each week as a consequence ofthe existence of 110 millions of anti-person-nel mines, according to data from the Inter-national Federation of the Red Cross andRed Crescent Societies.

• In the framework of the specific legislationwe re f e r red to above, national bodies for thec o o rdination of policies and pro g r a m m e swhich, albeit not all to the same degree, arei n c reasing levels of attention in this sectorin accordance with the guidelines of inter-national bodies. Disabled persons’ re p re-sentatives are beginning to participate inthese bodies.

• Services cover is clearly inadequate, beingconcentrated in urban areas, with scantattention being paid to the rural population,and with disabled women being particu-larly marginalized.

• Pupils with special educational needs havebeen systematically excluded from ord i n a r yschools and educational institutions. At thesame time, special schools and educational

24

institutions have by no means been able totake care of this population. In Chile, forexample, the above-mentioned study3

shows that 33 per cent of the severely dis-abled population are illiterate, whereas theilliteracy rate for the country is only 5 percent. Of disabled persons in Chile, 52 percent have received basic education, while15.7 per cent have had access to middle-level education, and only 2.8 per cent tohigher education. One positive aspect to benoted is that in several countries a news t a n d a rd provides for integration in ord i-nary schools and educational institutions.This is the case, for example, of Brazil,Chile, Colombia and Costa Rica.

• Vocational training has been rare6 and inmost cases provided at rehabilitation cen-t res divorced from real labour marketsneeds. The ILO is currently conducting atechnical cooperation project, under whichit is supporting provisions for the integra-tion of disabled persons at ordinary voca-tional training institutions in Bolivia, Brazil,Colombia, Mexico and Uruguay.7

• T h e re has been very little integration in theopen labour market, and where it haso c c u r red it has been mainly in the informals e c t o r. In countries where there are pro v i-sions requiring workplaces to be reserved, asis the case of El Salvador and Uru g u a y, theyhave rarely been implemented. In addition,backing from Ministries of Labour in theform of inspection or from employment andplacement services has in general been veryslack, although a growing interest in thissubject can be seen in some countries. Thesame can be said with re g a rd to the minimalinvolvement of employers and trade unions.

• Special workshops and other forms of shel-t e red employment, in addition to beingtotally inadequate to meet the potentialdemand, in many cases offer working con-ditions which fall far short of those estab-lished for workers generally by nationaland international standards.

• In many cases, this situation is aggravatedby a lack of alternative social welfare mea-sures, which particularly increases vulnera-bility at times when the consequences ofstructural adjustments are being felt and itis necessary to adapt to global economicchange.

• O rganizations of disabled persons haveconsiderably increased their level of aware-

ness and influence, although their partici-pation in policies and programmes aff e c t-ing them is far from satisfactory. The weakpoint continues to be fragmentation, inade-quate preparation and lack of unity, whichdetracts from their effectiveness when fig h t-ing for their rights.

• Disabled persons continue to find them-selves in an environment hostile to theirsocial and economic integration, in whichthey come up against a host of attitudinal,a rchitectural, transport and communica-tions barriers, and a frequent disre g a rd oftheir rights. In short, they continue to bediscriminated against both as citizens andas workers.

Participation by trade unionsin the social and economic integrationof disabled workers: A few examples

Two worlds apart

To make sure we can see the forest for thet rees, it must be made clear from the outsetthat, on the whole, disabled workers are notpart of the agenda of trade unions in LatinAmerica. This has been the remark most fre-quently made by both workers’ re p re s e n t a-tives and re p resentatives of disabled persons’o rganizations in meetings organized by theILO in recent years. It is significant that therehave been no claims on the part of tradeunions denouncing the failure to comply withConvention No. 159 (in virtue of art. 24 oft h e ILO Constitution), despite the discrimina-tory situation suff e red by disabled workers int h e region; there has also been an almostt o t a l absence of any re f e rence to disabledworkers in collective agreements or frame-work agre e m e n t s .

The converse is also valid: there has been nopolicy on the part of disabled persons’ organi-zations to become part of trade unions to influ-ence them from within, nor any systematica p p roach to collaboration. The two re m a i nworlds apart. For this reason we feel it isopportune to highlight a few initiatives whichcontradict this overall tendency and whicho ffer diff e rent avenues for the future. Most ofthe experiences reflected here have come fromthe ILO. No doubt there are others: the follow-ing are not intended as an exhaustive list buta re rather an attempt to contribute some ele-ments to promote reflection within tradeunions and to search for what seems to be themost appropriate solutions in each case.

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Regional examples

A Technical Meeting on the application ofILO Convention No. 159 in Latin America washeld in Bogotá from 17 to 20 November 1992.Delegations from Brazil, Colombia, Costa Rica,E c u a d o r, El Salvador, Paraguay, Peru andU ru g u a y, which had all by that time ratifiedthe Convention, took part. It was the first timein the history of the ILO that organizations ofdisabled persons had participated side by sidewith the ILO’s traditional interlocutors: gov-ernments, employers and workers, in accor-dance with the terms of Article 5 of the Con-v e n t i o n .

Once the initial reticence of some workers’o rganization re p resentatives to form jointworking groups with disabled re p re s e n t a t i v e shad been overcome, participation by workers’re p resentatives was very positive and theircontributions extremely valid. The aim of themeeting was to look in detail at ConventionN o . 159 for the purposes of identifying for-mula viable for the specific circumstances ofLatin America, so as to further implementationof this important international instru m e n t .

A sample of their contributions is containedin the following extract from the recommenda-tions pre p a red by the workers’ group withregard to consultation and participation:

For their part, trade unions want an eff e c t i v ep resence in planning and consultative bodies inorder to ensure the employment of disabled persons.

Within these bodies they will ensure that thes t a n d a rds in force in each country relating to theemployment of such persons are applied and thatthese persons are treated as individuals with fullr i g h t s .

Trade unions will also inform and sensitizet h e i r members and the community about capacitiesand needs of and agreements relating to disabledw o r k e r s .

They will work together with employers andgovernment, in collective bargaining or direct agre e-ments, on effective work for disabled persons andwill offer training to personnel who work in humanre s o u rces selection for the purposes of making themm o re aware of the situation of disabled persons andt h e reby avoiding discrimination.8 [ E d i t o r’s note: fre etranslation from Spanish original]

As can be seen, these re c o m m e n d a t i o n se x p ress a determination to act in accord a n c ewith specific guidelines in conjunction withgovernment, employers, trade unions them-selves, and the community, which when devel-oped could give rise to a complete programmed i rected towards improving social and eco-

nomic integration of disabled workers. More-o v e r, initial prejudices did not withstand thetest of re a l i t y, and the participating groups –headed by trade unions – unanimously recog-nized in the conclusions the determining con-tribution made by re p resentatives of disabledpersons’ organizations in achieving the resultsof the meeting as well as the enormous useful-ness of this shared dialogue.

Equally positive, although less to the fore-f ront, was the participation of workers’ re p re-sentatives in the Technical Meeting on the inte-gration of disabled persons in the vocationaltraining institutes of Latin America, held inMontevideo in November 1991. The supportthey gave on this occasion for policies to pro-vide for the integration of disabled workers incourses at ordinary vocational training insti-tutes was fundamental and, as a result, the ILOis developing technical cooperation activitiesand practical instruments to implement thesepolicies. As Héctor Florit, re p resentative ofU ruguay’s trade union centre PIT/CNT, saidat the meeting: “A fusion is taking place nowbetween the historical interests of the workers’movement and the disabled groups’ claims forsocial integration … The starting point is acommonality of aims and objectives, such astackling the difficulty of finding the means foraction … These encounters can constitute stepsalong the way in finding common and share da c t i o n” .9

Subregional examples

Another example worthy of note is thequadripartite participation of workers’ organi-zation re p resentatives at the Subregional Meet-ing for Central America, Panama and theDominican Republic, held in Guatemala inMarch 1997, on the topic “Towards equality ofopportunity in the socio-economic integrationof disabled persons”.

The value of their participation comes fromthe fact that the meeting was an exercise in con-sultation in which workers’ re p re s e n t a t i v e scontributed to identifying lacunae and priori-ties in the subregion and defining the conceptand main lines of activity for a Subre g i o n a lP rogramme of Action for the socio-economicintegration of disabled persons on which allthe delegations reached a consensus. This Pro-gramme will take the form of a separate pro-gramme of action in each country. To cite theRapporteur for the workers’ group, Ricard oRafael Ayala Samillón (Confederation of Wo r k-ers of the Republic of Panama):

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The action of the trade union organizations in thes u b region has in recent years been focused on thes t ruggle to defend and improve employment and thevery existence of trade unions. To achieve this end, itis necessary to strengthen their institutional frame-work to allow for effective incorporation into thetrade union agenda of the concern for disabled per-sons’ access to employment and the defence of dis-abled workers’ rights.

The priorities identified by the workers’ gro u pa re :• to improve the levels of information of trade

unions and training of their re p re s e n t a t i v e si n the integration of disabled persons intoe m p l o y m e n t ;

• to include the subject of disability in trade uniono rganizational development plans, and set upwithin trade unions units for dealing with voca-tional reintegration and non-discrimination inemployment of disabled persons;

• to include in collective agreements clauses refer-ring to disabled persons and, in particular, per-sons who have become disabled as a result ofoccupational accidents. [Editor’s note: Free transla-tion from Spanish original]

These priorities were reflected in the for-mulation of the Subregional Programme ofAction, currently awaiting the funding neces-sary for its implementation.

Another meeting, this time of the Mercosurcountries and Chile, was held with a similarfocus in November 1997, under the title “Socio-economic integration of disabled persons:To w a rds a harmonization of policies and pro-grammes”. The following priorities for the sub-regional programme resulted from it:• to have the subject of disability included in

the Mercosur agenda;

• to pro g ress towards a harmonization ofpolicies, programmes and legal standard s ;

• to develop appropriate machinery for sub-regional coordination.

It is easy to imagine the considerable roomfor action by trade unions in this context, andtheir potential for support through Sub-Work-ing Group No. 10 and Merc o s u r’s Economicand Social Consultative Forum.

National examples

It is not easy to catalogue these initiatives,almost all of them promoted by the ILO in theframework of cooperation projects or technicalassistance services. These experiences fre-quently involve a range of aspects relating to

disabled workers all at the same time. The listwe provide below is merely an attempt to offera few samples of some of the aspects we con-sider to be most relevant.

1. Information, awareness-raisingand training activities

Examples of this type of activity are the fol-lowing:• The Seminar/Workshop on participation of

workers’ groups in the inclusion in employ-ment of disabled persons in the public sector,held in San José (Costa Rica) in March 1993,in the framework of an ILO project for Cen-tral America and Panama.1 0 This seminarwas organized by the ILO and the NationalCouncil for Rehabilitation and Special Edu-cation in collaboration with the Costa RicanNational Union of Workers, the Single Con-federation of Workers, the Trade Union Cen-tral Office of Workers of Costa Rica, and theR e rum Novarum Confederation of Wo r k e r s .

• The Seminar/Workshop on workers’ org a-nization participation in integration intoemployment of disabled persons, held inSan Salvador (El Salvador) in September1993 and organized by the Inter- U n i o nEducation Committee and the ILO pro j e c tmentioned above.

• Information and Training Days with re g a rdto disabled workers, held in Chile betweenJune 1995 and September 1996 in the re g i o n sof Copiapó, Valparaiso, Talca, Puerto Va r a sand Santiago, organized under another ILOp ro j e c t11 and the Ministry of Planning andCooperation, in collaboration with the Sin-gle Central Organization of Workers (CUT).A total of 175 persons participated, 90 ofthem workers’ delegates.

All these activities had, as a commond e n o m i n a t o r, the reply to the question: W h a tcan trade unions do to support the social and labourintegration of disabled workers?

Thus, for the participants at the El SalvadorS e m i n a r / Workshop – a country which isemerging from a fratricidal conflict with thou-sands of disabled victims – “the specific role ofthe trade unions with re g a rd to and togetherwith this sector will be to create the minimumconditions re q u i red to guarantee civil, political,labour and social rights, as established indomestic and international legislation”.1 2 I nconjunction with this role, a detailed analysis isbeing made of the provisions of ConventionN o . 159 and national Decree No. 247 (pro v i d-

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ing for the obligation to contract one disabledworker for every 50 workers in private or Stateenterprises), further consideration of the role tobe played by trade unions and the measures tobe taken to achieve effective implementation ofthese legislative instruments.

In the case of Costa Rica, where a seminartook place with a similar organizational stru c-t u re, the broad outline for action was appro v e d ,including a proposal to replace the word“inválido”, used in the Spanish version of Con-vention No. 159, by “persona con discapacidad”(disabled person); a request that workers’ re p re-sentatives and disabled persons participate inthe National Rehabilitation and Special Educa-tion Council; the training of workers’ leaders;the elimination of architectural and transportobstacles; the inclusion of clauses referring todisabled workers in collective bargaining, etc.

As emphasized in the final document of theS e m i n a r, it is important to open the way forexpectations and represent a first step towardsawareness on the part of workers if this effortis to extend to all levels of trade unions in thecountry.

The originality of the Information andTraining Days in Chile lies in their having beenheld in five diff e rent parts of the country andhaving opened up participation in theseregions not only to workers’ leaders but also tore p resentatives of disabled persons’ org a n i z a-tions, public institutions and the CommunityCouncils on Disability.

2. Initiatives to strengthenthe structures of trade unions

The Chilean Information and Training Daysconstituted a basis for three initiatives to helpstrengthen the capacity and institutional com-mitment of the Single Central Organization ofWorkers (CUT) in relation to the subject of dis-abled workers. These were:• a booklet on trade union action and the dis-

abled;• a p p roval by CUT’s Programmatic Congre s s

of inclusion of the theme of “the disabledworker” and adoption of the booklet ontrade union action and the disabled;

• assignation to the CUT’s Industrial Healthand Safety Department of the coordinationof the theme of disabled workers.

Because of its special interest, we re p ro d u c ebelow the second part of the booklet in whichthe results of the Information and Tr a i n i n g

Days are summarized and a series of guide-lines for the workers’ organization set out. Thisbooklet is intended as a tool to facilitate workbeing done by the CUT’s grass-roots leaders toi m p rove access by disabled persons to theemployment and income-generating opportu-nities on the labour market.

3 . Activities in support of provisions forthe integration of disabled personsin vocational training institutions

It has been observed earlier that one of themost significant elements in the high levels ofunemployment among disabled persons istheir lack of preparation for work. It was alsomaintained that it is not possible to solve thisserious problem through the specialized insti-tutions caring for this group. To tackle this sit-uation, the ILO is supporting integration intocourses and activities in ordinary institutes forvocational training and preparation foremployment in Latin America, through a pilotp roject in five countries.8 One of the founda-tions of the project has been the promotion ofthe active presence of trade unions in its devel-opment. It has been present in different areas:• In the participatory project management in the

five participating countries:The re p resentatives of workers’ federationsw e re invited to participate in the Coord-inating Committees as the bodies participat-ing in project management, coord i n a t i n gactions, and defining priorities, goals andstrategies in each country. These committeeshave in actual fact provided a meeting placefor the diff e rent State and public bodies.

• In project implementation through local opera-tional groups:These groups are carrying out work specificto the project, participating in trainingevents for management and teaching staffat the institutes, and conducting integrationactivities at centres selected for that pur-pose. Technical staff from the organizationsand institutions represented in the Coordi-nating Committees are re q u i red to partici-pate in these groups.

• Sensitization and training of those involved inthe provision of standards for integration:Trade unions have been considered as oneof the main actors involved in the process ofdeveloping standards for integration, ascatalysts and promoters of the principlesand agreements necessary for the pro g re s-sive integration of disabled persons in train-

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ing and work. The material pre p a red forthis purpose in the project includes leafletsand posters to sensitize members of tradeunions. At the same time, the latter re c e i v e dmaterial from the series “Standards for inte-gration: A p rocess of social integration” pro-duced by the project to describe training atinstitutes open to integration.13

4. Examples of active associationbetween trade unions and disabledpersons’ organizations

Against a background where trade unionsand disabled persons’ organizations have fre-quently ignored each other, it is particularlyrelevant to describe a project implemented inUruguay which illustrates the actual possibili-ties available to pursue together the samegoals. The experiment began in November1996 when re p resentatives of workers at theSocial Security Bank, the National Employ-ment Board, and the National Health andEmployment Committee started to meet withdelegates from the most representative organi-zations of disabled persons in the country. Thepurpose was to exchange information andwork together on subjects related to disability,occupational health, occupational accidents,subsidized activities, disability allowances andpensions. These exchanges led to the formalconstitution of the Inter-social Committee onDisability, Employment Integration and SocialSecurity (COMINT) as a formula for coord i-nating action and joining forces.

Out of these meetings came a seminar on“ D i s a b i l i t y, Rehabilitation and EmploymentReintegration and Subsidized Activities” heldin June 1997, which brought together delega-tions from 73 trade unions, associations andinstitutions of disabled persons as well as pub-lic and international bodies, at which 32 pro-posals were approved. Taken together, the pro-posals make up a joint activity pro g r a m m ecalling for action in the following areas: annulparagraph 2 of article 37 of the Constitutionp rohibiting admission of immigrants withphysical or mental impairments; re v i e w,update, coordinate and standardize existings t a n d a rds and definitions of disability, employ-ment, occupational health and social security;guarantee the participation of both sides inconsultative and decision-making bodies; sen-sitize and provide training re g a rding stan-d a rds, rights and services; provide employ-ment to young people with disabilities thro u g hthe youth employment project; create a

national rehabilitation system or pro g r a m m eand an incentive scheme for enterprisesemploying disabled persons, etc.

Of particular note among the COMINTactions to implement proposals is its participa-tion in the “Training and Employment Integra-tion Programme for Disabled Persons”,approved by the National Employment Board,a tripartite body with re p resentation of theExecutive, Chambers of Employers and thePIT-CNT for the workers.

The ILO project for developing standard sfor integration, mentioned above, has sup-ported this initial project in Uruguay anddeveloped workshops to disseminate informa-tion on it in Mexico, Colombia and Bolivia ledby a re p resentative of the COMINT workers’organization.14

5. Incorporating the theme ofdisability in processes of socialdialogue

In a number of Latin American countries, ap rocess of tripartite social dialogue betweenthe Government, and employers’ and tradeunions is under way to reach agreements onthe major questions of employment policynationwide. This framework of dialogueaffords a unique opportunity to bring the sub-ject of disability away from the exclusive aus-pices of social welfare and place it in the con-text of economic and social development.

Although no final data is available, internalILO reports have re c o rded the re a d i n e s sdemonstrated in October 1997 to officials of theOrganization by all parties involved to includethe socio-economic integration of disabledworkers in the Round Tables on a Social Char-ter in Ecuador, specifically the Round Ta b l e son: (a) employment policies; (b) vocationaltraining; and (c) social security (with someadaptation of details on the part of the Cham-ber of Commerce in the last case).

In December 1997, Intersectoral Labour Daysw e re held in Venezuela to analyse the ILO’slegal standards concerning vocational trainingand the integration into employment of youngpeople and adults with special needs, with aview to ratifying ILO Convention No. 159. In thedocument adopted as the Final Declaration fol-lowing this event, the Federation of Chambersof Commerce (FEDECAMARAS) and the Con-federation of Workers of Venezuela (CTV)e x p ressed their joint position to include the sub-ject in the Technical Sub-Committees appointedby the Tripartite Committee, to discuss the sub-

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1. General ideas on trade union action con-cerning workers with disabilities

• In general, participation of disabledpersons in trade unions is limited. Thereasons given to explain this absence ofparticipation include in particular:(a) i n s u fficient information flow fro m

disabled persons towards tradeunions and from trade unionstowards disabled workers;

(b) absence of a channel of communi-cation between the workers’ org a-nization and the disabled personsthemselves.

• T h e re is no definition of nor any spe-cific approach to the question of dis-abled persons in trade unions, i.e. thereis no specific department coord i n a t i n gthe work of trade unions with those forthe disabled.

• T h e re is little coordination betweenprovincial branches of CUT and the dif-f e rent bodies concerned with disabledpersons, especially with the CommunityCouncils on Disability.

• T h e re is considerable interest in lookingm o re closely at the subject and incor-porating this group and their demandsin action by trade unions.

2. P roposed lines of action to be developedby trade unions to support integration intoemployment and employment re h a b i l i t a-tion of disabled persons

A. In trade union organizations:Disabled persons are workers like othersand for this reason CUT should be inter-ested in supporting this principle by:(1) sensitizing grass-roots trade unions

to the need to support disabledworkers, through seminars, talks,bulletins, meetings, inform a t i o n ,etc.;

(2) facilitating membership of disabledpersons in trade unions;

(3) knowing more about the activitiesof disabled persons’ org a n i z a t i o n s ;

(4) c reating a specific department foremployment integration of disabledpersons, ensuring especially the ful-filment of certain articles concern-ing disabled workers as provided forin Law 19.284 on the social integra-tion of disabled persons;

(5) c reating a committee on the sub-ject of disabled workers whichwould be a catalyst for the diff e r-ent grass-roots trade unions;

(6) o rganizing departments of assis-tance and information with regardto labour legislation for disabledpersons in provincial branches ofCUT and at CUT headquarters;

(7) c reating a CUT coordinating bodyfor local CUT centres involvingexisting organizations in the fie l d ;

(8) p a rticipating in the CommunityCouncils on Disability – coord i n a-tion should start between grass-roots trade unions and CommunityCouncils on Disability;

(9) making a register of existing dis-abled workers in each workers’o rganization and of possible postsfor them to occupy dependingo n their degree and type of dis-ability;

(10) s u p p o rting and promoting theorganization of associations of dis-abled persons;

(11) p romoting in the course of collec-tive bargaining improved workingconditions for disabled workers, forexample by:• i n t roducing special clauses on

the prevention of disability, sup-p o rt of rehabilitation, and adap-tation of the working enviro n-ment infrastructure;

• ensuring employment contractson the same terms as for otherworkers in the same enterprise;and

• i n t roducing the payment of ahealth differential;

…

(15) encouraging and stre n g t h e n i n gjoint committees to work on thequestion of disability, pro m o t i n geducational action to prevent risksand promote reintegration intoemployment;

(16) promoting the participation of dis-abled workers in joint committees;

(17) counselling colleagues of disabledpersons in order to facilitate thel a t t e r’s adaptation in the posts theyoccupy.

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Booklet on trade union action and the disabledPart Two (Approved by Chilean CUT)(Editor’s note: free translation from Spanish original)

B. With the employers’ sector:( 1 ) p romoting in each enterprise the ful-

filment of disabled workers’ rights ina c c o rdance with existing legislation;

(2) educating at grass-roots level sothat disabled persons working in anenterprise feel part of the group ofworkers;

(3) training disabled workers withenterprises in order to have accessto better employment;

(4) making known through the mediathose enterprises which pro m o t ethe integration of disabled persons;

(5) conducting training days togetherwith employers’ organizations forthe purpose of preventing occupa-tional accidents and illness;

(6) establishing opportunities for dia-logue with employees concer

system of vocational training in relation toframework legislation on full coverage of socials e c u r i t y, and the employment and wage plan.

6. Participation of trade unions in thedesign, formulation and implemen-tation of national programmes ofaction for the social and economicintegration of disabled persons

A participation process similar to the onedescribed at subregional level took place in thenational consultative meetings held in Panamaand the Dominican Republic in July 1998.Trade unions participated in defining needsand priorities and identifying the direction foraction, content and implementation strategycomprising the National Programme of Actionfor the Socio-economic Integration of DisabledPersons currently in the process of being fin a l l ydefined. In accordance with the appro v e dguidelines, trade unions are to play an activerole both in the coordinating committee and inp rogramme implementation alongside thegovernmental bodies concerned with this sub-ject, employers’ organizations and org a n i z a-tions of disabled persons. A series of activitiesis planned directed specifically toward ss t rengthening trade unions’ capacity to assumethe role they are to play in this area.

Enterprise and workplace examples

Earlier we described a series of examples ofparticipation by workers’ organizations atregional, subregional and national levelswhich, albeit infrequent and still in their earlystages, have enabled us at least to look at avariety of ways in which these org a n i z a t i o n scan go further to support the integration of thedisabled working population.

H o w e v e r, when we turn to look moreclosely at what is happening in enterprises,t h e re is an almost total lack of informationabout efforts by trade unions in relation to thedisabled. Why has their work not been madem o re widely known? Why have inquiries intothis matter met with no reply? Is it simply thatsuch efforts have been minimal? In this con-nection, systematic proposals of workers’ re p-resentatives at the above-mentioned ILO-o rganized meetings to include the subject ofdisabled workers in collective bargaining con-trast strongly with the real lack of such pro v i-sions in collective agreements when we look atthe various studies undertaken in Latin A m e r-ican countries.1 6 P rotective clauses relating to

occupational health and safety are indeed fre-quently included. Notwithstanding it shouldbe noted that absence of any mention of thesubject of disability is particularly widespre a din framework agre e m e n t s .1 7

This article is not meant to be an inventoryof the scope for action available to tradeunions in respect of such questions as equalityof opportunities and treatment in the access,maintenance or return to employment of dis-abled persons, the application of existing pro-visions, how the question of disability isa p p roached within the enterprise, the adapta-tion of work stations and workplaces, etc. It iss u fficient to re read the extract from the book“ Trade union action and the disabled” pro-duced by CUT (Chile), in order to perceive theb road scope for action at enterprise level.

The informal sector: Difficultiesof involvement

The informal sector is currently where mostdisabled persons having found a livelihood areto be found in Latin America, unless they workin sheltered employment schemes. This is theevidence which has emerged from countlessreferences to this subject in studies on the sec-tor concerned. It so happens that it is actuallyin this very sector that the involvement of tradeunions proves to be most difficult, not onlywith re g a rd to disabled workers but even inmore general terms.

A c c o rding to a recent ILO study, in mostAndean countries, for example, legislation pro-motes the formation of trade unions in theframework of enterprises with more than 20employees, despite the fact that production isessentially stru c t u red on the basis of smallenterprises with fewer than 20 workers. Thus,the great majority of workers in the A n d e a ncountries (Bolivia, Colombia, Ecuador andP e ru) cannot exercise the right to organize or,as a consequence, to bargain collectively,despite the fact that such rights are stipulatedin domestic legislation and national Constitu-tions. It may be said in general terms thatexpansion of the informal sector signific a n t l yweakens efforts by trade unions to organize atg r a s s - roots level and thus the opportunity toperform their function in society.18

Looking to the future, it is to be hoped thatformulas for involvement and active associa-tion, such as those mentioned with reference toChile, the Dominican Republic, Panama andUruguay, will bring practical solutions for dis-abled workers in this sector. Until such solu-

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tions become re a l i t y, however, all should beaware that they are seriously lacking.

Sheltered employment

The study published by the ILO in 1998 onemployment relations in places of sheltere demployment in 23 countries1 9 shows a picturewhich leaves much to be desired. The situationof disabled workers in the centres, however,d i ffers considerably according to each case,and range from enjoying the same rights asother workers to the almost complete absenceof such rights.

Among these countries two are in LatinAmerica: A rgentina and Costa Rica. Both fallinto the category referred to in the study as the“therapeutic model”. This model occupies thelowest place on the scale with re g a rd toemployment conditions provided. Most of itsworkers are mentally impaired persons, and animportant role is played in the creation andmanagement of these centres by associationsbelonging to religious orders, as is the case ofFENDIM (Federation of Bodies Caring for theIntellectually Impaired) in A rgentina. In thismodel, disabled workers are generally consid-e red as beneficiaries or clients rather than aswage-earners (except for a minority in the caseof A rgentina). They do not sign employmentcontracts and are not covered by nationalLabour Codes in most of their provisions, withthe noteworthy exception of questions con-cerning safety and health which do apply tos h e l t e red environments, except in Costa Rica.Income bears no relationship to the minimumwage in the country and is considered as anallowance or subsidy rather than as a wage.

The study further points out that workers atthese centres are not members of any workers’o rganization – even though they could be(except again in the case of Costa Rica) – as aresult of lack of interest by trade unions in thise n v i ronment; nor are they covered by collec-tive agreements.

L a s t l y, it should be emphasized that the lackof workers’ rights in this model of sheltere demployment does not necessarily correspond toeither a type of disability or a type of activity. Infact, there may be employment centres catego-rized in the study under the “wage-earning”model (with labour relations equivalent tothose of ordinary employment centres) involv-ing the same type of disability and activity asother centres categorized as “therapeutic”.

Although we do not have up-to-date infor-mation for other Latin American countries,

information available to the ILO suggests thatin many of them the situation is no better interms of labour relations, and involvement oftrade unions. Brazil perhaps should be men-tioned as an exception, with organizations suchas AVAPE (an association for the disabled) hav-ing developed sheltered schemes in associationwith ordinary enterprises such as Merc e d e s -Benz, Ford Petrobrás, Telecomunicações de SãoPaulo, etc., where standard conditions ofemployment are more closely met, althoughthe role of trade unions in these experiences isnot clear.

Concluding remarks

It seems clear that the weight of the workers’movement in our times cannot be measure dm e rely in terms of numbers of members or ofthe programmes it has to offer but, also andabove all, by its capacity to adapt to changingways of thinking and behaving on the part ofworkers as a result of the economic, political andsocial changes having taken place in re c e n tyears. The problems today affecting many tradeunions – a fall-off in membership and re p re s e n-tation levels, internal conflicts of ideology, crisesin their traditional functions and stru c t u res –leading ultimately to a weakening of their re a li n fluence, are closely connected with theircapacity to evolve from a culture of confro n t a-tion to one of dialogue, to redesign their histor-ical vocation and find new channels for work-ers’ participation, cooperation and solidarity.

It is in such shifting of the centre of theworkers’ movement in society that the experi-ences described in the preceding pages can be acatalyst in forming a new culture of tradeunions with respect to disabled workers. Tr a d eunions, having always aspired to workers’ jointre p resentation, cannot just abandon such a larg esector to its fate. Equality of opportunity andt reatment, as a right which can assist this popu-lation to achieve social and labour integration,cannot remain outside the agenda of tradeunions. Such integration is also particularly re l-evant from a strictly economic point of view.

All along, we have re f e r red to re l i a b l eexamples to show how it is possible to tacklethis deadlock in the countries of Latin A m e r i c a .We have also seen how the active association oftrade unions with those of disabled personsthemselves has the effect of making both sidess t ro n g e r. It is true that this major effort is stillin its early stages but we should not forget theancient Chinese saying: “a thousand-leaguejourney always begins with a single step.”

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Notes1 “Panorama Laboral ‘97. América Latina y el Caribe”,

OIT Informe, No.4, Lima, 1997.2 Reguera, L.: “A change in outlook: From work to

school“, P ro s p e c t s, UNESCO, Vol. XXV, No. 2, Paris, 1995.3 “Antecedentes sobre la inserción laboral de las per-

sonas con discapacidad en Chile”, Documentos Sociales,No.54, MIDEPLAN, Santiago de Chile, 1996.

4 See Bronstein, A.: “Reforma laboral en América Latina:Entre garantismo y flexibilidad”, Revista Internacional del Tra-bajo, Vol. 136, No.1, Geneva, 1997, and Vega, M.L.: “La igual-dad de oportunidades y de trato de los trabajadores dis-capacitados en América Latina”, in Asesoría Laboral , año IV,No.48, Lima, 1994.

5 Chile: Ley de Integración Social de las personas condiscapacidad, No.19.284, 1994. Colombia: Ley por la cual seestablecen mecanismos de integración social de las personascon limitación y se dictan otras disposiciones, 1996. CostaRica: Ley 7600 de Igualdad de Oportunidades para las Per-sonas con Discapacidad, 1996. Ecuador: Ley de Discapaci-dades, No. 180, 1992.

6 Rosal, M.H.: “La Formación Profesional y las Personascon Discapacidad”. Paper presented at the National Consul-tative Meeting for the formulation of an action programmeon the socio-economic integration of the disabled in Panama,Panama City, July 1998.

7 P roject on “Apoyo a la Integración normalizada de laspersonas con discapacidad en las Instituciones de For-mación profesional en América Latina” (RLA/94/M05/S PA), implemented in Bolivia, Brazil, Colombia, Mexicoand Uruguay and financed by the government of Spain,t h rough the Institute of Migrations and Social Ser-v i c e s (IMSERSO). This project is based at Cinterfor( M o n t e v i d e o ) .

8 “Las políticas de integración laboral de las personascon discapacidad a debate. Reunión técnica sobre la apli-cación del Convenio núm. 159 de la OIT en América Latina”.ILO, Santa Fé de Bogotá, 1993, pp. 203-204.

9 “Integración de las personas con discapacidad en lasinstituciones de formación profesional de América Latina”,Informes, No.148, Cinterfor, 1992, p. 142.

10 P roject on “Apoyo a la inserción laboral y al desarro l l ode actividades generadoras de ingreso de las personas condiscapacidades” (RLA/89/M06/SPA) for Central A m e r i c aand Panama, implemented by the ILO between 1991 and1995, and financed by the government of Spain through theInstitute of Migrations and Social Services (IMSERSO).

11 Project on “Apoyo a los programas de inserción labo-ral de personas con discapacidad” (CHI/92/M03/SPA ) ,implemented by the ILO with the collaboration of the Min-istry of Planning and Cooperation between 1995 and 1998,and financed by the government of Spain through the Insti-tute of Migrations and Social Services (IMSERSO).

12 Seminar-Workshop: La participación de los sindicatos enla inserción laboral de las personas con discapacidad. Documentfinal, Proyecto RLA/89/M06/SPA, San Salvador, 1993.

13 Information provided by Clara Franco de Machado,coordinator, Project RLA/94/M05/SPA.

14 This part was based on information provided byErnesto Murro, Dire c t o r, Workers’ Representative Group ofthe Social Security Bank of Uruguay and member ofC O M I N T, the Secretariat comprising the titular workers’ re p-resentatives in official bodies, and, to a lesser extent, infor-mation from the periodical “Noticias buenas y de las otras”,N o . 20, Montevideo, July 1997. Ernesto Murro was alsoresponsible for presenting the experiences of the workshopsdeveloped in the framework of project RLA/94/M05/SPA i nBolivia, Colombia and Mexico.

15 La Acción Sindical y los Tr a b a j a d o res con Discapacidad.Published by the project “Apoyo a los Programas de Inser-ción laboral de las Personas con Discapacidad”, under thecoordination of Ruth Pinto, Santiago, 1996.

16 Sepúlveda, J. M. and Vega, M. L.: “Las relaciones labo-rales: Un desafío para el sindicato”, ILO, Lima, 1997.

17 M o rgado, E. “La concertación social en Ibero a m é r i c a ” ,C I V I TA S , Revista española de derecho del trabajo, No. 7 6 ,Madrid, March-April, 1996.

18 Rueda, M., Sepúlveda, J.M. and Vega, M.L.: “Estudiocomparado sobre negociación colectiva en los países andi-nos”, Labour Education, Nos. 114/115, 1999-1/2, ILO, Geneva(forthcoming).

19 Visier, L.: “Les relations de travail en milieu protégé”,pp. 22-23, ILO, Geneva, 1998.

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Protection against poorworking conditions

The promotion of safe working conditionshas not commanded high priority in the re f o r mp rocesses of Central and Eastern Europe. Therea re reports of the abandonment of healtha n d safety pro c e d u res, of cuts in investmenti n safety equipment, anti-pollution devicesand other forms of working environment pro-tection.

Health and safety in the workplace is vitalto all disability prevention policies. In the drivefor short-term productivity and pro fits, man-agement in their impatience may re g a rd thetime of safety committees and the strict adher-ence to all safety pro c e d u res as counter- p ro-ductive. But in human and financial terms, thecost of lost time and output through sicknessand permanent disability will prove evengreater in the medium and long term.

Career prospects

Contrary to widespread belief, workerswith disabilities can usually participate in anytraining programme for non-disabled workers.Minor adjustments to the training curriculummay sometimes be necessary but they canusually be made by the trainer as a matter ofcommon sense.

Wage and income protection

One of the greatest challenges in modernsociety is to create sustainable income securityfor all its members and to do so in an equitablefashion. In that re g a rd, those with disabilitiesface c o m m o n needs and may face a d d i t i o n a lneeds due to extra costs of living and to theneed for compensation for added economicrisk and uncertainty. Social mechanisms in-tended to protect the income security of peoplewith disabilities consists of income pro t e c t i o nmeasures as well as social benefits intended toalleviate the disadvantages that disabilitiescause in daily life.

There are five sources of income insecurity

• They may face wage discrimination, includ-ing access to employment-related fringebenefits.

• They may receive lower earnings.

• They may have lower productivity, leadingto lower incomes.

Unemployment benefits

The basic principle for compensating dis-abled persons for a period of jobseeking unem-ployment is that the benefits and conditions forreceipt of them should be equivalent to thosefor other unemployed persons, which maymean additional payments to compensate forthe costs of jobseeking.

The most worrying tendency in some Cen-tral and Eastern European countries has beenthat of excluding disabled persons from enti-tlement to unemployment benefits, pre s u m-ably on the grounds that they can or do receivedisability benefits or pension. This mixes uptwo functions of compensatory benefit pro-vision. Unemployment benefits should bet reated quite separately from any disability-related benefit even though they could be paidat the same time through the same offices.

Forms of sheltered employment:Last step or first step?

In most countries, provision is made forsheltered workplaces and jobs for severely dis-abled workers. The issue is whether the princi-pal purpose of sheltered forms of employmentshould be short-term, as a means of acclimatiz-ing workers to employment, or long-term, as ameans of giving activity to those who cannotbe placed in mainstream employment. Modernthinking is sceptical about their potential andd e s i r a b i l i t y. ILO Recommendation No. 9 9(1955) on the vocational rehabilitation of dis-abled people covers sheltered employment inparas. 32 to 35. These state that governmentshould develop arrangements for the trainingand employment of those disabled people whocannot be provided with mainstream employ-ment. The Recommendation states that mea-s u res should include establishment of shel-t e red workshops and other special measure sfor disabled people who cannot travel to andfrom work regularly.

…

In Central and Eastern Europe, sheltere demployment has been a particularly wide-

s p read form of employment for disabledpeople. Its role was codified in special laws orregulations on employment of disabled per-sons. They cover sheltered jobs in ord i n a r yenterprises in which most jobs are held by dis-abled workers. Mostly, such workshops andenterprises have been established and operatedby organizations of people with disabilitiesand partly or fully funded by the government.

…

In countries of Central and Eastern Europe,the term “sheltered” employment is not com-mon. They were state enterprises, cooperativesor factories managed on behalf of the State bydisability organizations. In an economic envi-ronment where practically all enterprises were“ s h e l t e red” from market principles and prac-tices, the distinction, when compared with reg-ular enterprises, was gradual rather that one ofprinciple. The main distinctive feature was thatenterprises employing a certain number of dis-abled workers had the right to tax breaks (theprinciple for compensating for a disadvantage).With the transition to a market economy, theneed for defining certain enterprises as “shel-t e red” arises for the first time. Pro g ression inunemployment on the open labour market aswell as reductions in pension income giveenterprises for disabled people a buffer func-tion which is worth preserving during the dif-ficult period of transition.

Roles of trade union organizations

Trade unions in Central and Eastern Euro p eb e f o re 1989 had been an integral part of thepower structure, and were expected to supportand complement the political control of pro-duction and the workforce. Industrial relationsalso had a role as a mechanism of justifying thepolicies established by the Communist party.At plant level, the management, party commit-tee and trade union committee re p re s e n t e dt h ree facets of a unified block of power. Eachmaintained its contact with the national struc-t u re – the relevant Ministry, party and branchtrade union re s p e c t i v e l y. In cases of dispute,the party had supreme power. So a policy onemployment of disabled persons was adoptedat the centre and it was left to regional andlocal re p resentatives to implement it. Theremoval of the party’s formal influence at theplant level led to a reduced stru c t u re of deci-sion-making: it is much more difficult to uselocal representatives of national organizationsto implement policy – especially in the case of

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trade unions. They need to re-establish theircredibility as representatives of the interests ofworkers who pay affiliation fees to them andwho elect their local representatives. This shiftrepresents a change in industrial relations andthe process will take years to be completed. Itshould be understood that the role of tradeunions in support of persons with disabilitiesis affected by this change and that unions canno longer be expected to be responsible for theexecution of personnel policies.

At national level, unions that are re c o g n i z e das “inheritors” of the old trade unions have beentransformed into bodies re p resenting intere s t sof workers both in the discussion of new eco-nomic and social policies and measures and incollective bargaining. The degree and speed ofthis transformation vary greatly within theregion. These organizations have been able tomaintain membership levels that are still muchhigher than the Western European average.Although trade unions still apportion socialb e n e fits, such as places in rehabilitation institu-tions, such practices are less and less commonand are likely to disappear altogether.

The reformed or reforming trade unions areo rganized in national branch federations thatform national confederations. As a rule, con-federations have no responsibility for employ-ment policies and social measures for disabledpersons. However, some trade unions re g a rdc a re for disabled workers more as social pro-tection than employment promotion. Since1989, new trade union movements have beenc reated, often as “alternative” bodies to the“ reforming” trade unions. With a couple ofimportant exceptions, the new unions have notyet been able to build a substantial member-ship base in most workplaces in their coun-tries. Their impact and importance are in polit-ical and social change, introducing new ideasin the policy debate, and forcing the older org a-nizations to reform.

…

Disability should be treated in the labourmarket as an equal rights and solidarity issue.

Disabled people the world over are takingm o re responsibility for the policy agenda. Theya re becoming more active as producers, tax-payers and customers: wanting and expectingthe same quality of goods and services as therest of society. As the place in society for peoplewith disabilities improves and the perc e p t i o nthey have of themselves develops, publicityand information materials must reflect thesechanges.

Information

The re q u i rement of image sensitivity carriesover into the design and working of informa-tion. Employment-related disability issues giverise to a range of information needs, examplesof which are given below:

Disabled people and their families will needinformation on:• vocational training opportunities, both

mainstream and segregated;• vocational rehabilitation and selective

placement services;• job vacancies;• s h e l t e red training and sheltered employ-

ment;• legislation relating to quota and quota/levy

schemes, reserved occupations, anti-dis-crimination laws, if any;

• benefit entitlement;• the availability of special aids to employ-

ment; and transport concessions.

Trade unions (and employers) will need infor-mation on the following:• re c ruitment sources and the availability of

disabled persons seeking work;• the selective placement service and the

advice and assistance it can offer;• impairments, disabilities and handicaps:

how they affect performance and how theymay be best accommodated;

• legislation on quota/levy schemes, anti-dis-crimination laws where in force;

• the availability of tax concessions for train-ing/employing disabled persons, subsidiesor grants to assist with workplace modifi-cations;

• positive policies for employing people withdisabilities and devising codes of goodpractice;

• advice on alternative and flexible workingpatterns to facilitate employing staff withdisabilities;

• on-site rehabilitation methods and how bestto retain staff who become disabled;

• strategies to eradicate discrimination in theworkplace; and

• observation and enforcement of health andsafety measures.

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The general public will need information on:

• the true prevalence of disability in theirsociety;

• the value of vocational training, guidanceand rehabilitation in reducing the handi-capping effect of disability in employment;

• government policies and services to pro-mote the mainstream integration of peoplewith disabilities into the nation’s workforc e ;

• government policies and services for peoplewith disabilities who are unsuited for full-time open employment.

Poznan Declaration

The participants at the Intern a t i o n a lC o n f e rence on Labour Market Policies forDisabled Persons, organized jointly by theILO and the Polish Government with thesupport of the German Ministry of Labourand held in Poznan, Poland, from 22-24February 1994, adopted the Poznan Decla-ration. It calls on all government andemployers’ and workers’ organizations toi n c rease their eff o rts to guarantee disabledpersons the support they need to exerc i s etheir right to equality of opportunity andt reatment in employment, and as a re s u l tto ensure full respect for their dignity ascitizens and workers.

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The ETUC: A European single tradeunion, a European player and socialrepresentative

The ETUC was born of the need for thetrade union movement to come together tos a f e g u a rd the interests of workers acro s sE u rope and join in a European project in a zoneof peace, economic and social pro g ress and s o l i-d a r i t y. In espousing the notion of trade unionparticipation in the construction of Europe, theETUC has demonstrated to the community’spolitical leaders the determination of tradeunions to do their part in the construction ofEurope.1

Although the initial role of trade unionsand social partners was purely consultative, tothe Economic and Social Council for instance,the Single European Act of 1986, the Treaty ofMaastricht of 1991 and the Treaty of A m s t e r-dam of 1996 brought growing ETUC involve-ment in the European integration pro c e s s .To d a y, the ETUC is developing its role in thep rocess of European enlargement. Its strategyconsists of accepting membership of tradeunion federations before their countriesbecome members of the European Union (EU)and bringing trade union ideas to the fore inrelations between the EU and the States of Cen-tral and Eastern Europe.

The ETUC is a collective player with thecapacity to engage in transnational bargainingwith European employers. Its ambition is notto replace national collective bargaining sys-tems, but to complement them with cross-bor-der and Europe-wide bargaining, to bettersafeguard worker interests.

The ETUC is becoming incre a s i n g l yinvolved in the European integration pro c e s sand is now a key partner of EU institutions.The European Commission consults manage-ment and labour in Europe on matters of socialp o l i c y. These latter partners may themselveslaunch a negotiation process on the content ofthe proposal in hand and request that theireventual agreement be recognized under com-munity law.

Adopting and developing a tradeunion policy: Evolution

The adoption of an ETUC policy in favourof the disabled evolved in three stages. Thetrade union movement first had to develop ana w a reness of the importance of its national andE u ropean role in promoting the occupationalintegration of disabled persons. Once clearabout its role, the ETUC formulated its claimsin a plan of action for disabled persons. Toimplement this strategy, the ETUC decided topursue cooperation, on the one hand withemployers and on the other, with NGOs re p re s-enting disabled persons, convinced that part-nership between management and labour isthe ideal way of attaining the objective of fullequality between persons with disabilities andother persons.

Three levels of future action

This process started in 1993 when the find-ings of a study conducted among all its aff i l i-ates re g a rding actions to assist disabled per-sons prompted the ETUC, for the first time, to

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European Trade Union Confederation (ETUC):Policy and action in favour of disabled persons

Anna RicciardiExpert

European Trade Union Confederation

Convinced that the trade union movement can play a key role in promoting the full integration of dis-abled persons, the ETUC has elaborated a strategy for action in that sphere over recent years. The policycentres on the fundamental principle that persons with and without disabilities are of equal value. Dignity,training and employment are three core concepts of the ETUC policy for promoting equality among dis-abled and other workers.

re flect upon its own role in promoting the voca-tional integration of the disabled. The studyhad focused on the need to incorporate andc o o rdinate the role of trade unions in nationalpolicy to assist disabled persons. Based on thefindings, the ETUC then examined its Euro p e a npolicy in favour of disabled persons. The con-clusion resulting from this veritable conscious-ness-building exercise was that work was a fac-tor of economic independence, but also the keyto autonomy in life. There should be no separa-tion of problems internal or external to the theenterprise. This link between matters internaland external to the enterprise, in other word sthe workplace-society connection, made thetrade union movement the essential link for theintegration of disabled persons. This globala p p roach lent a new dimension to the tradeunion movement.2

This affirmation translated into a newa w a reness of the role of trade unions withinboth European and national policies to helpdisabled persons and points to three levels forfuture action – the institutional, collective bar-gaining, and cultural levels.

Fundamental principles

Once the ETUC had “affirmed” its role inthe political arena, it then set out its claims onbehalf of disabled persons. In 1995, it adoptedthe Declaration of support of European tradeunions for disabled persons. This document3 isimportant for two reasons. First of all, it out-lined the fundamental principles of ETUC pol-icy with respect to the employment of disabledpersons, specifically: (1) support for the indi-vidual rights of disabled persons; (2) opposi-tion to discrimination against disabled per-sons; and (3) the demand for equal rights totraining, employment and dignity. Second, theETUC had formulated claims on behalf of dis-abled persons for the first time.

Coordination with employers

Once its political programme had beendrawn up, ETUC proceeded to examine theimplementation of its plan for promoting therights of disabled persons. Convinced thatmanagement-labour partnership is an impor-tant vehicle for implementing the policy to pro-mote the employment of disabled persons,ETUC repeatedly expressed its wish to coordi-nate actions with employers in re g a rd to dis-abled persons. It was only in 1997, in theframework of the European Committee for

Social Dialogue, that a working group was setup to assist disabled persons. Hitherto, theETUC had had to contend with resistance fromE u ropean employers, who were firmly con-vinced that it was at the national level that themost appropriate and effective measures couldbe taken.4

Description and evaluationof recent experiences

The main ETUC activities on behalf of dis-abled persons in 1997 included organizing aconference in Rome on the theme of achievingequal rights to training, employment and dig-nity for disabled male and female workers, andthe drafting of a compendium of good prac-tices for the occupational integration of dis-abled persons.

The Rome conference: Labour-management partnership as a strategyin favour of disabled persons

The conference took place in Rome on 16 and17 April 1998 and was in furtherance of the lineof action developed at previous seminars org a n-ized by ETUC on the subject. Having defin e dthe role of the European and national tradeunion movements and their policy re g a rd i n gdisabled persons, the ETUC then turned itsattention to the strategy to be adopted toachieve its claims. The Rome conference starteddiscussing the preparation of a trade union plat-form re g a rding the employment and vocationaltraining of disabled persons with a view toworking together with employers in the frame-work of the European Social Dialogue.

Equal treatment

Two days of discussions with national fed-erations, European institutions, associations ofdisabled persons and employers served tou n d e r s c o re the importance of the social part-nership to a policy centred around equal tre a t-ment in conditions of employment, equal accessto training and the provision of adequate con-ditions at the workplace. If a global approach isto be taken to disability issues and appro p r i a t esolutions, we will need to move beyond theconcept of the welfare state, which embodiesthe notion of passiveness, to that of a partnerstate, in which disabled persons are deemed tobe fully-fledged citizens with rights and dutiesin society. Trade unions must work together inpartnership with employers and civil society at

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the national and European levels to ensure thatdisability will cease to be a ground for exclusionf rom society and the job market.

The compendium of good practices :A first example of European labour-management partnership in favourof disabled persons

Within the framework of the Social Dia-logue, labour and management decided to setup a small Working Group (comprising six orseven persons drawn from both sides) in July1997, with the task of drawing up a com-pendium of good practices concerning the occu-pational integration of disabled persons. Thiscompendium signalled the start of the Euro-pean partnership between labour and manage-ment to improve the lot of disabled persons, asthe two sides expressed their awareness of theneed for a European institutional dialogue onthe matter of equality of opportunity for dis-abled persons. This commitment is fully in linewith the employment strategy adopted by theSummit of Heads of State and of Government inNovember 1997 in Luxembourg .

Publicizing examples

The purpose of publishing a compendium ofgood practices is to publicize examples of posi-tive initiatives launched in partnership in thework environment, with a view to pro v i d i n gadded impetus at the national and Euro p e a nlevels in this re g a rd. A c c o rd i n g l y, the choicewent to actions that led to integration or re i n t e-gration in the ordinary work enviro n m e n t .

Greater social cohesion

The assembled cases show that the voca-tional integration of disabled persons, far fromre p resenting additional costs, is a potentialasset to the enterprise and society. As enrich-ment for the enterprise first and foremost, inte-gration or reintegration measures have enabledthe workers concerned to be better attuned totheir tasks and functions. In terms of socialenrichment, the possibility to work has givendisabled persons a place in society on a basis ofequality with others. This personal enrichmenthas made for greater social cohesion.

The ETUC and European employer organi-zations have also learned very importantlessons. Partnership between employers andtrade unions at the local and enterprise levelsis generating dynamic processes that can also

be extended to the European level. The casesdescribed hereunder illustrate the guidelines ofa strategy of partnership at the national levelthat has proved capable of yielding convincingresults, the more so if civil society is involved.

The compendium of good practices:A study of national cases

Thanks to joint ETUC-UNICE (Union ofIndustrial and Employers’ Confederations ofE u ro p e ) - C E E P( E u ropean Centre of Enterpriseswith Public Participation) action it was possibleto assemble a great many examples of goodpractices. We have selected four cases: one eachf rom Ireland and France and two from Italy. TheIrish initiative was especially interesting as itinvolved several activities including the trainingof trade unionists in matters of equality ofopportunity among persons with disabilitiesand those without. The French case was selectedbecause it involved career advancement for adisabled worker. Finally, the cases from Italyresulting from a labour-management agre e m e n thighlight cooperation among trade unions,employers, institutions and local associations.

Ireland: ITUT Horizon project

The Services, Industrial, Professional andTechnical Unions (SIPTU) is an Irish unionwhich, through the Irish Trade Union Tru s t(ITUT), a foundation established by the union,and with the support of the European Commis-sion, implemented the ITUT Horizon project top rovide more job opportunities for disabled per-sons through the intervention of trade unionbodies. Started in 1996, the project entailed anumber of initiatives: a cycle of training anda w a reness-building seminars was organized fortrade union leaders and employers designed to“demystify” the problems surrounding disabil-ity; a pilot project was then set up to foster part-nership between trade unions and enterprises.A c c o rd i n g l y, the project identified diff e rent linesof action for common endeavours to pro m o t ethe vocational integration and rehabilitation ofdisabled persons. Lastly, a training pro g r a m m eintended for physically disabled persons wasput in place to promote independent work as areal job opportunity for disabled persons.

Training and awareness-building

The project entailed training coursesdesigned to improve the entrepreneurial skillsof disabled persons. These courses led to the

41

c reation of five small businesses by disabledpersons. A disability awareness guide was alsodrawn up for the use of trade unionists.

The validity of these achievements lies inthe fact that they underscore the central role oftrade unions as agents for promoting equalopportunity in the work environment andi n society at large. The project uses re a l - l i f ecases to demonstrate the range of possibilitiesopen to trade unions for planning, org a n i z i n ga n d implementing actions to assist disabledp e r s o n s .

France: The Banque PopulaireVal de France

This bank belongs to the Banque PopulaireG roup which, in 1992, signed an industry-wide, inter-union agreement at the nationallevel, and renewed it in 1995. The agre e m e n tenvisaged a range of actions that includedmaintaining a percentage of disabled workers,re c ruiting disabled persons on an indefinitebasis, building staff awareness, providing theappropriate facilities at workplaces, vocationaltraining, receiving disabled persons on short-term assignments, temporary appointments,adaptation to technological changes andretraining.

An opportunity for promotion

As a result of this agreement, a worker withi m p a i red vision, already employed by the bankas a receptionist, was put on a career develop-ment programme. In fact, it was the disabledworker himself who suggested the promotionas part of a package of adjustment pro p o s a l sthat he had drawn up jointly with a studentduring a 3-month vocational training pro-gramme. The project was submitted to theEmployers’ Federation in Paris and he wastransferred to the distance-banking service. Inthis “routing unit”, the disabled worker is ind i rect touch with customers, handling theirrequests and selling bank products.

Validity of the industry-wideagreement

This is one of the best examples in the col-lection. First and foremost, we consider it par-ticularly interesting because it is the outcomeof synergy between trade unions, the bank’smanagement and the worker himself. Further,it bears out the validity of the industry-widea g reement, which was what triggered the

action. Indeed, over the years the agre e m e n thas produced significant results: 17 contractsw e re signed in 1996, 35 banks in the gro u phave maintained the same percentage of dis-abled workers as at 31 January 1994 and 136disabled workers have benefited from upgrad-ing programmes.

Italy: Cases of vocational integrationin the Consorzio Desio and A.Co.Se.R

The two cases have similar characteristics.In both instances, it is a medium-sized enter-prise, one being a woodworking enterprise(Consorzio Desio) and the other a service com-pany (A.Co.Se.R.). The actions selected are theresult of an agreement between both sides ofindustry designed to further the vocationalintegration of disabled persons. The two casesinvolve the same recruitment procedure. Localassociations and institutions participated inboth instances.

Indefinite job contracts

An agreement was signed between thetrade unions and the enterprise. It provided forthe hiring of disabled persons (three in onecase, five in the other). Specific a l l y, they wereh i red with a contract that provided for an in-house training period. At the end of thea p p renticeship, a committee positively evalu-ated the pro g ress made by the disabled per-sons. On that basis, indefinite job contractswere signed.

All partners mobilized

The cases are also of special interest owingto the involvement of other partners. Localinstitutions rallied behind these integration ini-tiatives. More specifically, regional institutionssubsidized the projects, the municipal voca-tional training services lent some assistanceand the social services monitored the disabledpersons during their apprenticeship by makingmedical teams available.

These two actions are important becausethey are the outcome of an initiative taken inpartnership: the disabled persons werere c ruited following an agreement negotiatedand signed by trade unions and employers.Besides, they demonstrate the positive poten-tial role of other institutions such as trainingentities, the social services and local bodies inp romoting actions to assist persons with dis-a b i l i t i e s .

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The trade union: The crucial link

The actions that we have presented, a merefour examples from the entire compendium,have two salient features: first and fore m o s t ,they illustrate the global approach followed bythe European and national trade union move-ment in tackling the issues related to disabili-ties and appropriate solutions; second, theseinitiatives are part of a dynamic process, awork programme, which the ETUC intends topursue with other institutions.

The underlying premise is the convic-

Quentin, O.: “Bilan et perspectives du dialogue social enEurope”, Les Dossiers de l’Europe, No. 79, July 1998.

UNICE: Contribution to the hearing organised by the Work-ing Group on employment strategies for disabled per-sons, (Council of Europe, Strasbourg, 5 Mar. 1998).

Notes

1 The ETUC currently comprises 63 national confedera-tions from 28 countries in Western, Central and EasternEurope, as well as 14 sectoral European trade union organi-zations known as European trade union federations, as full

members, re p resenting altogether 58 million unionizedworkers.

2 J. L a p e y re: Concluding remarks at the conference onthe theme of management and labour and the rights of dis-abled persons, London, 4-5 Nov. 1993.

3 The Declaration was approved at the seminar on tradeunions and the rights of the disabled (Manchester, 10-11 A p r.1995) and was adopted by the ETUC Executive Committeeon the World Day of Disabled Persons, on 2 Dec. 1995.

4 UNICE contribution at the hearing organized by theWorking Group on Employment Strategies for Disabled Per-sons, Council of Europe, Strasbourg, 5 Mar. 1998

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PSI is strongly committed to promoting anddefending equality of opportunity for all work-ers as part of its overall commitment to socialjustice and the acknowledgement of the rightof all people to be aff o rded a chance to attaintheir full potential. It recognizes that discrimi-nation faced by disabled persons may well bee n t renched throughout the world, but thattrade union organizations have a clear role andresponsibility to re p resent all workers, andpotential workers, including disabled persons.

Over the years PSI has adopted rigoro u spolicies concerning the rights of disabled per-sons especially in relation to work. The follow-ing article will be constructed along the fol-lowing lines:(1) outline the policy position and experience

of PSI;(2) consider the key issues for PSI affiliates in

p romoting the employment rights of dis-abled persons;

(3) consider some case studies of PSI aff i l i a t e swho have been actively promoting therights of disabled persons; and

(4) make proposals for future action.

PSI policies concerning workerswith disabilities

Policies

PSI has two main policy documents con-cerning disabled persons, as follows:

• Resolution No. 28 of the 1993 PSI Wo r l dCongress on Equal Opportunities; and

• Programme of Action on Equality endorsedat the 1997 PSI World Congress.

Both these policy documents supportp roactive equal opportunity policies and pro-grammes for workers who are disabled per-sons. They are inspired by the need to nurtureacceptance of diversity within society andopposition to any form of discrimination.These documents recognize that trade unionshave an important role in providing a secureand beneficial foundation for economic andsocial progress.

PSI has also adopted a policy on involve-ment with non-governmental org a n i z a t i o n s(NGOs). The current programme of actionexplicitly commits PSI to “strengthening workin coalitions with NGOs, especially in are a sw h e re NGOs are more active than are tradeunions”. Affiliates are increasingly involved injoint action with NGOs. A good example of therationale behind this is the following commentf rom the national trade union centre in Ger-many (DGB):

Fortunately a lot of pro g ress has been achieved inthe fields of self-organization and self-representationof disabled people. A b road movement of self-assistance of disabled people including their re l ativesand friends is at work ... there is a rather good under-standing between these organizations and the tradeunions. The latter remember that they began byfighting for a fair share in rights, participation and

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Public Services International inspired bythe need to nurture diversity in society

and to oppose any form of discrimination

Ros HarveyEquality Officer

Public Services International

Public Services International (PSI) is the international trade secretariat which represents public sectortrade unions in 137 countries around the world. PSI has 513 affiliated unions which represent 20 millionpublic sector members. It is an autonomous body which works in association with federations covering othersectors of the workforce and with the International Confederation of Free Trade Unions (ICFTU). PSI isrecognized by the International Labour Organization, has consultative status with the Economic and SocialAdvisory Committee of the United Nations (ECOSOC) and observer status with other UN bodies such asUNCTAD and UNESCO.

wealth for people to whom equality is denied. Ofcourse they sympathize with the organization of dis-abled people who began a similar fight some hundre dyears later. This sympathy expresses itself in commonmeetings, declarations of protest and demonstrations.

Such an attitude is a common feature in thework of PSI affiliates on the rights of disabledpersons and will be discussed in the PSI Sur-vey finding and the country case study mater-ial below. The only regional exception is A f r i c a ,w h e re the obstacle is by no means a lack ofcommitment to cooperation with NGOs, butrather a lack of resources.

PSI equal opportunity surveyof affiliates

In 1996 PSI published the results of a surveyof its affiliate’s policies and practices withre g a rd to equality of opportunity. The objectiveof the survey was to give a general overview ofwhat PSI affiliates are doing to promote equalopportunities. The survey included specificquestions about the action of affiliates in sup-port of disabled persons. However, some cau-tion needs to be exercised in interpreting theresults as the respondents to the survey arelikely to be the very ones active on equalopportunity issues. A summary of the re s u l t sare set out below:• 35 per cent of respondents had special com-

mittees to deal with the problems faced bydisabled persons. The affiliates with specials t ru c t u res were concentrated in developedcountries;

• 39 per cent of PSI affiliates reported thatthey had special stru c t u res and/or cam-paigns for disabled persons;

• 43 per cent of PSI respondents reported thatthey provided trade union training for dis-abled persons;

• 46 per cent of respondents reported that theissue of disabled persons was an issue to bea d d ressed within the collective barg a i n i n gprocess or a negotiating strategy.

Among top priorities

The survey also shows that the larger affili-ates are more likely to be involved in activitieson the rights of disabled persons. There f o re thep e rcentage of PSI members, as opposed to aff i l-iates, covered by unions taking action to pro-mote and defend the rights of disabled personsis considerably greater than the pro p o r t i o n sindicated above.

The PSI Survey also asked affiliates toreport on coalition activity with NGOs onequal opportunity issues, including the rightsof disabled workers. The survey shows thatsuch joint activities are a common feature inthe work of affiliates in Western Europe, East-ern Europe, Asia and Pacific, and the A m e r i c a s .H o w e v e r, the vast majority of trade unions inAfrica do not engage in joint projects withother NGOs or in coalitions of any kind. Theconsensus of the few that have attempted orconsidered the possibility was that such effortswere “negligible and not effective due to a lackof capacity to even begin to develop alliances.”

The amount of work done by affiliates onthe issue of integrating disabled persons intothe world of work is substantial. Within theequal opportunity target groups, the re p o r t e dactivity in the area concerned is second only toactivity on women’s issues.

Issues

Importance to PSI affiliates

The rights of workers with disabilities isa d d ressed at two levels of significance to PSIand its affiliates as follows:

F i r s t l y, the rights of disabled persons are atraditional area of concern for trade unions interms of injuries that occur at work. Many aff i l-iates have developed policies and pro g r a m m e sin support of members who have been victimsof workplace accidents. Such policies and pro-grammes are in turn strongly influenced by thelegal context in which unions operate. Of par-ticular importance is the nature of workers’compensation law and how it interfaces withrehabilitation policies. If the workers’ compen-sation law restricts access to adequate incomesupport following an injury, the focus shifts toaccessing income support. Such a practice canbe in direct conflict with the need for rehabili-tation. For example, if a worker has to pursuelitigation to gain adequate income support orcompensation for an injury, the emphasis is onproving the extent of the injury and the nega-tive impact, a pro c e d u re which tends to con-tradict and can directly undermine the rehabil-itation process. It also means that there is ademand on limited union resources to providelegal support for individuals. However, if agood rehabilitation infrastru c t u re for injure dworkers is in place as well as adequate incomesupport, the affiliate is free to devote limitedre s o u rces to pursue broader policy issues. Incountries where only little income support is

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available or where virtually no re h a b i l i t a t i o ni n f r a s t ru c t u re is in place, unions are morelikely to be involved in providing direct sup-port to injured members: for example, fin a n c i a lgrants to union members who have beeninjured at work.

Secondly, PSI has an interest in the issue ofdisabled persons from a social justice perspec-tive, i.e. irrespective of the cause and circ u m-stance of the disability or injury. Such an inter-est is re flected in policy documents which areclearly grounded in a rejection of discrimina-tion on any ground whatsoever and supportfor all people to enable them to achieve theirpotential regardless of personal characteristics.PSI’s policy finds expression in the fact thataffiliates often cover the workers employed inservices for persons with disabilities. Such cov-erage in turn provides added interest as well asexpertise in the issues concerned. This type ofactivity is geared at active support for disabledpersons to enter and retain a position in thew o r k f o rce rather than assist workers who havebeen injured at work. The case studies belowfurnish examples of such activity.

Impact of economic conditionson persons with disabilities

It is important to recognize the impact eco-nomic conditions exercise on the opportunitiesavailable to disabled persons for their re i n t e-gration into the workforce. The experience ofPSI affiliates has taught that during diff i c u l teconomic times there is less interest on the partof employers to take the necessary steps toemploy disabled persons. The accent shiftsa c c o rd i n g l y, not only in developing countriesbut also in the industrialized world as is shownin some of the case studies herewith.

Trade unions and NGOs join forces

The ILO has adopted two major instru-ments concerning disabled persons: the Vo c a-tional Rehabilitation and Employment (Dis-abled Persons) Convention (No. 159) and itsaccompanying Recommendation (No. 168).Both these instruments recognize the role oftrade unions in the process of integrating andreintegrating disabled persons into the work-force. However, these instruments are unusualin an ILO context because they both recognizethe role of representative organizations of andfor disabled persons.

The recent ILO report Vocational re h a b i l i t a-tion and employment of disabled p e r s o n s1 on the

position of law and practice of these instru-ments emphasizes the need for effective con-sultation with organizations re p resenting dis-abled persons. It encourages member States top romote the foundation of organizations whicha re truly re p resentative of disabled persons.

A necessary basis for successful coalitionwork is a clear understanding of the respectiveroles of, on the one hand, NGOs working top romote the cause of disabled persons and oftrade unions on the other. Coalition work ism o re prevalent in countries with a highlydeveloped trade union stru c t u re and role ins o c i e t y. Similarly, the advocacy of NGOs islikely to be more militant and better defined incountries with a commitment to strong organi-zations of civil society. The reality is that bothtrade unions and NGOs representing disabledpersons assume distinctly diff e rent roles: whilethey both share a common interest in social jus-tice and the rights of disabled persons whichmakes coalition work possible and desirable,trade unions as such assume a unique role insociety in terms of re p resenting org a n i z e dlabour: they are the only organizations in civilsociety mandated to engage in collective bar-gaining with employers. Their unique ro l emeans that a positive agenda aimed at increas-ing the employment of disabled persons can bepursued with the support of organized labour.Trade union strength and influence are partic-ularly important where legislation or govern-ment programmes are inadequate, or whereeconomic conditions are such that employersa re reluctant to employ people they perceive asless productive. A number of examples followin the case studies below.

Representation of disabled personswithin trade unions

Since trade unions re p resent workers in awide range of workplace issues, disabled per-sons should also enjoy the right to participatefully in trade union structure and functions asin any other societal institution. Firstly, tradeunions need to ensure that their aff i r m a t i v eaction strategies are in place in order to afforddisabled persons a chance to participate fullyin their structures. Furthermore, many unionshave set up special committees within theirstructures which allow for the direct represen-tation of the views of their members who aredisabled persons. While the arrangements forsuch representation varies both regionally andn a t i o n a l l y, such developments are positive andencouraging.

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Case studies

1. United States

Action, cooperation and accessat all levels

The American Federation of State, Countyand Municipal Employees (AFSCME) is thepublic sector union in the United States whichcovers employees at state, county and munici-pal levels. AFSCME’s goal is to improve thelives of disabled persons, both in and out of theworkplace. In 1982, the AFSCME InternationalExecutive Board passed a resolution calling forAFSCME affiliates, staff, re p resentatives andstewards to enforce existing laws and contractp rovisions that protect the rights of memberswho are disabled persons. Since then, heedingthe guidance of its Advisory Committee forMembers with Disabilities, AFSCME’s eff o r t son behalf of people with disabilities haveexpanded significantly, culminating in thepassing of the Americans with Disability A c t(ADA) of 1990 and its implementation.

AFSCME lobbied actively for the ADAandwas part of a consortium of advocates for dis-abled persons. The union coordinated a post-c a rd writing campaign among its 1.3 millionmembers intended to reach all the members ofC o n g ress, and sent letters supporting the lawto all senators and representatives. In recogni-tion of the union’s efforts, AFSCME re p re s e n-tatives were invited to the signing of the Billwhen it became law on 26 July 1990.

AFSCME first published its handbookFighting for the rights of employees with disabili-ties: An AFSCME guide in 1984. Since then, ithas been regularly updated to re flect changesin society and related laws. The purpose of theguide is to promote awareness of the problemsconfronting its members with disabilities, rep-resent such members better, and provide guid-ance that will encourage members who are dis-abled persons to become more active in theunion at the local and council levels. TheNational Organisation on Disability (NOD)hailed this guide as a publication of “specialimportance to furthering the goal of full partic-ipation in all aspects of life for Americans withdisabilities”. The guide summarizes importantdisability laws, highlights reasonable accom-modation, focuses on AFSCME activities formembers with disabilities across the country,and lists names, addresses and telephone num-bers of various disability organizations as well

F i r s t l y, unemployment is more than twiceas high for disabled persons and tends to lastfor a longer period. These figures hide the reallevel of unemployment because many disabledpersons have simply abandoned the searc h .The participation rate in the labour force fordisabled persons is only 40 per cent comparedwith 72 per cent in the case of other Germanworkers. The high level of real unemploymentof disabled persons in the labour force is aresult of: (1) exclusion, because the level of dis-ability makes paid work impossible; and (2)the unwillingness of employers to accommo-date the requirements of workers with disabil-ities – particular during times of high unem-ployment when labour is freely available.

S e c o n d l y, high unemployment, the costs ofu n i fication with the former German Democra-tic Republic, and ideological prejudices againstsocial regulation have meant that the federalgovernment has pursued a policy of re d u c i n gsocial rights since 1996. Germany has witnesseda reduction in social security benefits, rent andhealth payments, cuts in funding for re h a b i l i t a-tion services and poorer protection for olderpeople and disabled persons against dismissals.All these cuts have disproportionately aff e c t e ddisabled persons since they rely on these rightsand protection for their welfare more than ableworkers. The new Schröder government madecommitments during its election campaign toreverse some of these tre n d s .

Thirdly, widespread social insecurity for allworkers and fears about the financing of thesocial system have fostered increased animos-ity towards those who depend most on socialtransfers. The concept of solidarity with dis-abled persons is therefore under pressure.

Since 1996 the German trade union move-ment has been fighting to protect social rightsin a range of diff e rent areas. Many legislativep roposals have been considered simultane-ously. One of these was the reduction in socialentitlements for disabled persons. The pro-posed measure was opposed by the tradeunion movement through demonstrations,legal advice on the negative impact of the pro-posed changes, and finally an attempt at nego-tiation in the spirit of consensus decision-mak-ing. The trade union movement only achievedminor changes in the legislation through itscampaign.

In the meantime, the impact of high unem-ployment and the pre s s u re on economic per-formance have undermined the employmentopportunities for disabled persons. Germanemployers are, as a rule, replacing older and

disabled workers with a younger, trained andu n i m p a i red workforce. Even in companieswith good human resources policies, the finan-cial difficulties at all levels of management areinducing them to oppose the employment ofany person who does not promise pro d u c t i v i t yof the highest level. Such an attitude persistsdespite the government offer of long-termwage subsidies aimed at offsetting losses inproductivity.

Some elected re p resentatives of disabledpersons in the factories and some workers’councils reacted quickly to the worsening situ-ation. In 20 to 30 plants collective barg a i n i n ga g reements have been reached which obligeemployers to give priority to employing dis-abled persons, the adaptation of workplacesand protection of employment. In these agree-ments a new approach has developed whichcan be characterized as prevention of discrimi-nation: jobs that will be available in the nearf u t u re are identified and steps taken in plantm o d i fication to ensure that a position can bemade available to a disabled person. Wheresuch measures have been applied the employ-ment of people with disabilities has re m a i n e dmore stable.

Despite such recent difficulties, the DGBreports that there is a good understandingbetween organizations re p resenting disabledpersons and trade unions.

3. United Kingdom

Self-organization and innovativepolicies

UNISON is the trade union in the UnitedKingdom which re p resents members whowork largely in health, public utilities and localauthorities. It provides funding and facilities toensure equal opportunity in the workplace. Atthe national level it has a National DisabledMembers’ Committee to promote and monitorequal opportunity in the workplace. The com-mittee works with other national committeesand with outside organizations to further thecause of disabled persons.

UNISON provides for a national confere n c eof members who are disabled persons. It pro-poses policy and identifies campaign priorities.The conference links with the national commit-tee and with the union policy-making foru m s .The direct involvement of disabled personst h rough this dedicated stru c t u re is known ass e l f - o rganization. There are three other self-o rganized sectors – lesbians and gays, women

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workers, and black workers. Each of these isencouraged to pay special attention to the needsof disabled persons. For example, the lesbianand gay stru c t u re has a caucus for lesbian andgay members who are also disabled persons.

UNISON encourages the use of negotiateda g reements aimed at increasing the hiring,retention and promotion of disabled persons.

The union has formulated a clear policywhich sets out to achieve the following keyaims:• improve the proportion of disabled persons

in the public sector;• retain staff who become disabled in the

course of their work;• enhance training;• improve promotion prospects; and• i m p rove social opportunities in the work-

place for people with disabilities.

Some of its more innovative policies call forensuring that a dedicated personnel officer andunion representative are available to support adisabled person returning to work, phasedflexible return to work hours, re s t ructuring ofjobs to enable a disabled person to continue init and a joint union-management team to over-see workforce monitoring.

The union also aims to be a modelemployer itself in the re c ruitment and re t e n-tion of staff who are disabled persons.

4. Netherlands

A good, just and affordable legalframework

The umbrella public sector union in Holland– the A B VAKABO FNV (Union for employeesin the public sector and health care affiliated toF N V, Netherlands Trade Union Confederation)– adopts new policy orientations every fouryears at its Congress of affiliates. The 1998-2002policy programme states the need for a good,just and affordable legal framework in relation tothe reintegration of disabled persons into work.While compulsory insurance against occupa-tional disability remains important and shouldbe supplemented, there is a need for incre a s e dwork in the fields of prevention and re i n t e g r a-tion in the future .

Their policy programme also favours affir-mative action to ensure that disabled personsbe given preference in hiring whenever a com-pany’s workforce has disproportionately fewpeople with disabilities.

The A B VAKABO FNV is committed tomaking arrangements through collective bar-gaining for employment shares for people withdisabilities, based on standards mentioned inthe new law known as the R E A which waspassed in July 1998. The FNV intends toe n f o rce these agreements legally if necessary.

The FNV has also recently published a bookabout successful reintegration of disabled per -sons. Its 381 pages give detailed exampleso f 150 cases of successful work integrationthroughout the country.

5. Canada

Towards a partnership with NGOs

(a) Comment by the National Unionof Public and General Employeeswhich represents non-federal publicsector workers in Canada

Ever since the late 1960s, people living withdisabilities have organized themselves as con-sumers and have formed their own movementin order to achieve and maintain full social andeconomic equality in Canada. The goal of theconsumer movement is to enable every indi-vidual living with a disability to achieve maxi-mum personal independence and full commu-nity integration through the regular politicaldecision-making process and delivery system.

The movement of persons living with dis-abilities is based on principles shared by thetrade union movement. Both movements have ademocratic grass-roots basis in which their mem-b ers are struggling to put an end to discrimina-tion in our society. Both seek adequate inputinto the decision-making processes of those ser-vices and facilities that directly affect their lives.

S h a red points of concern between tradeunionists and people living with disabilitiesinclude:• an adequate income security system for all

Canadians;• the advancement of human rights for all

Canadians; and• the promotion and protection of workers’

rights.

These are issues that both movementsspend a great deal of their energies in promot-ing through diff e rent mechanisms includinglocal meetings, conventions and confere n c e s ,newsletters and other publications, educa-tional programmes, etc.

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Both the trade union movement and theconsumer movement of people living with dis-abilities have unique re s o u rces to offer eacho t h e r. Consumer organizations can informtrade unionists on various types of disabilities,and the functional limitations associated withthem. They are also more knowledgeable aboutthe services available to people living with dis-abilities and, there f o re, are able to offer adviceto trade unionists who become physically/mentally challenged or who have a familymember in this situation. Trade unionists needto learn more about concepts such as integra-tion, full participation, and normalization, andhave to be shown how to promote these con-cepts as a way of ensuring equality of opportu-nity for people living with disabilities.

(b) PSAC Canada addressesminority issues

The Public Service Alliance of Canada(PSAC) re p resents mainly federal-level em-ployees via 17 component unions in federalgovernment departments. In 1997 it publisheda detailed report on its activities concerningdisabled persons. The report is entitled Disabil-ity Action in the PSAC. It focuses on the differ-ent forms of action taken within the PSAC fro mthe beginning of the 1990s and emphasizes theimportance and the interconnected nature ofsuch actions.

The union began its activity in 1990 whena group of members who were disabled per-sons met to develop strategies aimed at pro-moting disability issues within the A l l i a n c e .P re-existing human rights committees withincomponent unions were also useful in chan-nelling the concerns of disabled personstogether with other groups re p resenting dif-f e rent minorities – such as the Lesbian andGay Support Group – who had already done alot of work in raising equity issues.

A national conference for union memberswith disabilities was first held in 1993. It a d o p t e dseveral resolutions focusing on providing dis-abled persons with better access to the A l l i a n c eand on finding ways in which they could con-tinue to make their presence known in the u n i o n .A l a rge proportion of these resolutions wereplaced on the agenda of the 1994 PSAC Tr i e n n i a lConvention and all but one were adopted. Theirp roposals included the following:• a union policy on alternative media for

communicating with disabled persons (e.g.l a rge/bold print, audio tapes, Braille printand computer files);

• a plan of action on employer initiativesincluding the need to work with NGOs tolobby for strengthened employment equitylegislation, representation to employers formore permanent jobs for disabled persons,and the need to work with other organiza-tions on workplace problems;

• i m p roved public data collection anda v a i lability with re g a rd to employmentequity;

• bilateral negotiations with Treasury specifi-cally on employment equity;

• demands for union-management commit-tees at departmental level to address thequestion of employment equity;

• a demand to review disability insurance toe ns u re that employment obligations tonewly disabled persons are met thro u g hrehabilitation measures rather than re t i re-m e n t ;

• the production of an information kit fordisabled persons and its incorporation intotrade union training programmes.

Coalition work with other org a n i z a t i o n sdealing with equity interests within the union,within the broader Canadian trade unionmovement, and with disability org a n i z a t i o n soutside the labour movement are very impor-tant in order to make pro g ress on issues ofmutual concern. One such issue under consid-eration at present is the tendency for downsiz-ing to affect disabled persons more adverselythan the able-bodied workforce.

Proposals for future action

National unions

Trade unions can play an important role byencouraging their members to become awareof issues involved in securing and maintainingemployment for disabled persons. For exam-ple, no one knows the workplace better thantrade unionists. Such knowledge is invaluablein the process of making the workplace acces-sible to disabled persons so that they may pur-sue and gain employment in the same way asother people. Similarly, trade unionists are ableto make recommendations on how jobs may berestructured to accommodate the special needsof disabled persons who possess the necessaryskills to perform the various jobs in the work-place. Furthermore, trade unionists can alsoformulate such recommendations into unionpolicy for action.

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Trade unions are of course also employers intheir own right. It is important not to overlookthe role of a trade union as a model employer inrespect of the disability issue. However, it is thecollective bargaining system that the tradeunion movement can best use to protect andi n c rease employment rights and opportunitiesfor disabled persons. Historically, trade unionshave led a fie rce battle to protect their memberswho were victims of workplace accidents buthave played a less active role in advancing thehuman rights of disabled persons through col-lective agre e m e n t s .

Today, trade unions are beginning to realizethat they can use the collective bargaining sys-tem not only to respond to the needs of theirmembers who are disabled persons, but also toenhance the employment opportunities of dis -abled persons who are not yet in the workforc e .In fact the whole concept of affirmative actionp rogrammes still remains a priority for thetrade union movement. Such programmes re p-resent for trade unions a means of corre c t i n gthe historic discrimination suff e red by disabledpersons in our society. Trade unions also needto continue to fight for contract language intheir collective agreements to ensure that thefollowing measures are taken:• job retention and the right for an adequate

vocational rehabilitation programme fordisabled persons – whatever the cause oftheir disability;

• no discriminatory practices are dire c t e dagainst disabled persons;

• a supplement to workers’ compensationbenefits provided wherever necessary;

• the provision of technical mechanisms orworkplace modifications to accommodatedisabled persons; and

• a greater variety of entry-level positionsmade available to displaced persons whoa re unable to perform “non-essential” dutiesof entry level positions.

International level

It is clear from the above examples thatmuch pro g ress has been achieved in coalitionwork between trade unions and NGOs on dis-ability issues. However, the same is pro b a b l y

less true of international organizations man-dated to address the sector. Partly accountingno doubt for their lesser involvement in suchjoint efforts may be the disparities in the legalframeworks and re s o u rces available in themember countries. There is a need for morework to be done to establish networks betweentrade union and NGO bodies internationally asis encouraged by ILO standards. The basis ofsuch networking – and more formal activity –should first involve clarifying the roles of thetwo types of organization with re g a rd toemployment-related concerns.

Consultation and representation

ILO standards make re f e rence to the needfor governments to consult the social part-ners. As is demonstrated by some of the casestudies, effective consultation needs to god e e p e r. Union positions – at whatever level – ondisability issues are most effective when theyhave been developed in consultation with m e m-bers who are disabled persons themselves.

Economic questions

The underlying threat that economic pre s-sures weaken commitment to disability issuesis prevalent in the foregoing studies andshould not be skirted: labour market deregula-tion and labour market flexibility may conceali n c reased inequity. As has been mentioned,t h e re is evidence that downsizing affects dis-abled persons even more adversely, alre a d ydisadvantaged as they are in the workforc e .H o w e v e r, more comparative informationwould be required to draw up any valid com-parative assessment both geographically andover a set period of time. Better ways must befound to blend efficiency with equity.

Note

1 ILO: Vocational rehabilitation and employment of disabledpersons, Report of the Committee of Experts on the Applica-tion of Conventions and Recommendations, General Surveyon the reports on the Vocational Rehabilitation and Employ-ment (Disabled Persons) Convention (No. 159) and Recom-mendation (No. 168), 1983, Report III (Part 1B), InternationalLabour Conference, 86th Session, Geneva, 1998.

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The process of globalization has aff e c t e dworking life in many ways during the pastdecade. There have often been apparently con-tradictory signals: on the one hand, there hasbeen more integration of workers of diff e re n traces and cultures, on the other a thre a t e n i n gsense of individualism and a lack of toleranceseem ever present.

High unemployment, advanced technolo-gies, new vocational specialization have allb rought a new vision of the world of work inwhich former certitudes are no longer valid.M o re o v e r, uncertainty caused by the fre e rmovement of production often creates exces-sive competitiveness and selfish attitudest o w a rds others. Feelings of uncertainty are evens t ronger on the part of disadvantaged personswho feel even weaker or “diff e rent” for what-ever reason. Consequently, the risk of excludingthese individuals from the workplace and soci-ety as a whole becomes increasingly real. So itmight not be excessive to say that a new form ofracism is becoming evident today.

The same holds particularly true for dis-abled people who cannot compete on equalterms with others. In addition, when con-f ronted with this type of difficult situation,they feel obliged to try harder and make a big-ger effort in order to succeed in overcoming thed i fficulties they face. When disabled personsfind themselves confronted with extreme situ-ations of employment competitiveness, it oftenbecomes very difficult for them to enter theworkplace. Employers are often only intere s t e din their production and pro fit margins to theexclusion of other considerations. In addition,disadvantaged people can find themselvesf o rced to accept any type of job in order toavoid being totally excluded from the workingworld. When unemployment rises, fearbecomes paramount, as does a lack of tolerancet o w a rd those who are “diff e rent” in any way.

Hidden disabilities

Many people have hidden disabilities suchas diabetes or chronic heart disease, but forothers disability is more obvious as with visualhandicap or restriction on mobility. Thus dis-abled people do not constitute a homogeneousgroup with a separate identity. A disabled per-son is only disabled with re f e rence to a givensituation, and not to any and all situations. Wemust, in addition, keep in mind the pro b l e m sfaced by older people who are, technicallyspeaking, not disabled but who often havedecreased abilities or less physical strength.

In practice, a partial deficiency of even a sin-gle function often suffices to label the entireperson as disabled. So the imperative challengefacing the trade union movement is to succeedin dealing with the needs of all persons whocomprise the working world by re c o g n i z i n gand guaranteeing equal opportunity and dig-nity for all of them. In turn, such an aspirationre q u i res a profound knowledge of the diversityof workers’ needs. In this way a compre h e n s i v ere p resentation policy can be drawn up, not as aseparate field but as a form of true integration.

Scarcity of data

Inasmuch as a general concept of disabilitydoes not exist, no reliable statistics can be foundin this re g a rd. However, such scarcity of quanti-fied data obviously affects the question of qual-ity as well. Current re s e a rch in this field oftenconcerns itself mostly with quantitative andonly rarely with the qualitative aspects of thep roblem. It mainly concentrates on the employ-ment of disabled persons, analysing, for exam-ple, whether they are based on laws re g u l a t i n gcompulsory percentages or on specific pro-grammes and projects. It seldom, however, pro-vides information on what occurs outside off i-

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Increased competition: A pretext to excludedisabled persons and encourage practices

of exclusion, isolation and segregation

Silvana CappuccioHealth and Safety Officer

International Textile, Garment andLeather Workers’ Federation (ITGLWF)

cial programmes, on the duration of disabledpersons’ employment in a company, or on theirp rofessional career or psychological condition.

All employment contracts at all levels mustre q u i re employers to adopt pro g re s s i v eemployment policies and practices. The afore-mentioned contracts should be based upon thenegotiation of equal opportunity agre e m e n t scovering disability in the following are a s :re c ruitment, retention, career development,access to adequate training and the opportu-nity to participate in diff e rent trade unionactivities. Unfortunately, disabled persons gen-erally face considerable discrimination whenseeking employment, are usually confined tol o w e r-paid jobs, and are passed over for pro-motions. In general, disabled women facedouble discrimination: they are given lessqualified and lower paid jobs and, in addition,are often confined to a form of “ghetto”.

In cases where a disabled person obtains auniversity degree, he or she must also overc o m ecertain sociocultural obstacles in order toresolve the conflict between the qualifications heor she has achieved, and the social image re s u l t-ing from his or her handicap. In the UnitedKingdom, for example, a survey in 1990 foundthat employers are six times more likely to turndown a disabled person rather than a non-dis-abled one for an interview even if his or herq u a l i fications and experience are identical to thenon-disabled applicant. Another survey basedon 449 interviews indicated that 70 per cent ofdisabled persons were employed in semi-skilledor unskilled manual jobs, while only 7 per centheld managerial or supervisory positions. Inaddition, only 1 per cent of the latter categoryactually received the salary compensation dueto them as managers. Furthermore, half of thea f o rementioned replies specified that pro m o t i o nwas a definite area of discrimination.

Favour abilities rather than disabilities

R e c ruitment should favour abilities ratherthan disabilities. Consequently, the abilities ofdisabled persons should be stressed rather thantheir disabilities or compensating such personsfor the very fact of being diff e rent. Our goalshould there f o re be a dual one: to identify suit-able job opportunities for disabled personsbased upon their professional abilities, and notto allow potential employers to confine suchpersons to less-qualified jobs as is often the case.It would also be advisable for employers to pro-vide alternative employment in the same fac-tory for their workers who are disabled persons.

No ”standard” man or woman

In cases of pro g ressive disability, such asmultiple sclerosis, employers should pro v i d ealternative work possibilities in their establish-ments in order to avoid that persons aff e c t e dby disabilities be ostracized socially as well asp h y s i c a l l y. Employers must also be pro v i d e dwith more information on the re g u l a t o r yframework and the manner in which it sup-ports and facilitates the employment of per-sons with disabilities. A “ s t a n d a rd” man orwoman does not exist. Workplace design, how-ever, is normally based upon an abstract stan-dard. Such an approach certainly does not aidthe integration of disabled persons into thenormal workplace. Certain disabled workersare not even in need of special arrangements todo their jobs, while others may find difficultiesadapting to the workplace.

It is only by examining an actual workingsituation that it becomes possible to under-stand problems and find proper solutions fordisabled persons, particularly with re g a rd tocarrying out specific tasks. For example, aparaplegic person may not be able to walk buthe or she might be able to use a computer. Neg-ative work situations such as inadequate toiletfacilities, lunchroom and refreshment services,parking for the disabled, welfare facilities andoccupational health and safety conditions areoften below standard. In addition, certain spe-c i fic hazards are particularly dangerous for dis-abled persons, namely dangerous fluids, wetand slippery floors, difficult access for thoseusing wheelchairs due to incorrectly conceivedramps, lifts and hoists, as well as dust and airpollution. In order to acquire an accurate eval-uation of risks at the workplace, the diff e re n tneeds of the workers involved need to be care-fully considered. Specific ergonomic solutionsshould be explored. Consequently, adaptingthe working environment to such needs wouldmean the creation of workplaces which arem o re comfortable and which respond morefully to workers’ needs in such a way that theyperform their diff e rent functions in a sere n ea t m o s p h e re without any sense of limitation.However, failure to adapt the workplace to theworkers’ needs arouses in the disabled persona greater sense of fragility.

Ergonomic solutions

Some devices which would be useful in thisre g a rd would include speaker phones, specialcomputer equipment, sighted readers for

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v i s i o n - i m p a i red workers, financial assistancefor those unable to use public transport, as wellas regular consultation facilities. Pro f e s s i o n a ladvice and support must also be made avail-able to disabled persons to help them whenthey are seeking work. The medical advancesthat have been made in the areas of re - e d u c a-tion and rehabilitation are fundamental toolswhich may prove invaluable in the pro c e s so f re-integrating disabled persons into work-i n g life, re g a rdless of how their disabilityo r i g in a t e d .

Lacunae in education

Furthermore, the manner in which disabledpersons succeed in overcoming the psycholog-ical and practical barriers they face has a directand inevitable effect on their entire lives. Often,persons who are disabled either from birth orwho become so during their childhood have ofnecessity received an unbalanced form of edu-cation. Consequently, their integration into theworking world would re q u i re not only high-level assistance but the possibility of compen-sating for the lacunae in their early education.

Workers face increasing risks

The issue of disabled workers and theirintegration into working life is not one that willdisappear on its own: the profusion of newtechnologies has resulted in increasing therisks we face in our everyday lives as well asthe ease with which accidents can occur. In par-t i c u l a r, the continual evolution of pro d u c t i o nsystems, personnel cuts and the demand forhigher pro d u c t i v i t y, thereby placing more pre s-sure on individuals, do not favour the integra-tion of disabled people. Rather than addre s sthe issue of the integration of disabled personsinto the workplace, the current trends in thelabour market are such that they may well addto the already large percentage of disabled per-sons in society. Trade unions must find ways toput a stop to the widespread practice of exclud-ing the disabled person under the pretext ofi n c reased competition which in turn is fertileground for practices of exclusion, isolation andsegregation.

Protection or equal opportunity?

Although specific measures for pro m o t i n gthe vocational rehabilitation of the disabled doexist in most industrialized countries, the man-ner in which such promotion is carried out

varies in the different countries involved. Pro-tective legislation promoting the employmentof people with disabilities in European Union(EU) member States has been characterized byLunt and Thornton (1993), among others, astending towards compulsory employmentm e a s u res, while countries such as Canada,Australia and United States have focused moreon anti-discrimination and equal opportunitylegislation. Another recent publication (Thorn-ton and Lunt, 1997) suggests that a consider-able blurring of these boundaries has occurre d .A line can still, however, be drawn to distin-guish between countries positioning legislationon disability within the context of a broad anti-discriminatory policy, and those operatingcompartmentalized measures such as quotalegislation.While EU countries still tend to fallwithin the latter, many of them have nowadopted an anti-discrimination policy frame-work, often (France, Germany, Spain, poten-tially Ireland) in addition to quota legislation.The focus of this anti-discrimination legislationhas tended to be on employment retention andp rotection rather than promotion. Thorntonand Lunt also found a general trend toward s“the rhetoric of obligation rather than compul-sion”, towards the promotion of integration,and the facilitation of the right to work.

Mere production objects

The overall situation with regard to the dis-abled in high-income countries is quite differ-ent from that in low-income countries. Theinformation actually available exclusively con-cerns the high-income countries, pro b a b l ybecause the struggle for survival in low-income countries is so pervasive that the dis-abled are often immediately excluded. The factthat the latter are not even taken into consider-ation should give us pause for re flection. Therelatively limited information that is availableindicates that the road leading to true integra-tion in the latter is still a long one. In some ofthese countries, for example, women who haveeither been born with disabilities or acquire dthem as a result of acts of violence havebecome socially useless, inasmuch as they arec o n s i d e red to be unable to fulfil their obliga-tions as mothers and wives. They there f o rebecome mere production objects for the mar-ketplace and are generally confined to ghettoswhere they sew clothing.

New strategies can be developed by tradeunions today, thanks to existing and new legis-lation, the pro g ress made in ergonomy and the

55

activism of the large associations that re p re s e n tthe disabled. Providing equal opportunity to adisabled person and to an able-bodied one,given the same abilities, can only be possible ifwe favour the disadvantaged person, i.e. byp roviding him or her with equal opportunity.The departure point for all trade union policiesand action initiatives at the local, national andinternational levels among officers, shop stew-a rds and works councils, is the creation of equalopportunities for all disabled people. Obvi-o u s l y, all the members of a trade union must beinvolved in the process. Sad to say, re s i s t a n c ecan sometimes be found within the union itself,even among the non-disabled working col-leagues, with re g a rd to integrating the workerswho might be considered to be “diff e re n t ” .U n d e restimating such attitudes however, couldturn out to be short-sighted inasmuch as severec o n flicts in the workplace coupled with mani-festations of intolerance could easily follow.

In psychological terms, seeing a disabledperson often makes a non-disabled one awareof his or her own physical and mental fragility.Such a perception, often prompted the mem-bers of a French rehabilitation team to statewhen interviewed: “We are all potentially dis-abled”, an awkward truth that is better avoided.

In this day and age, however, such attitudesare less and less acceptable, since scientific andmedical progress now permit the analysis andc o m p rehension of the effect of physical defi-ciencies on people’s functional abilities. Con-siderable pro g ress has recently been made inthe area of social medicine with re g a rd toworkers with disabilities. For example, thei n c reased number of illnesses caused by mus-c u l a r-skeletal disorders has been found to belinked to the tasks carried out at the workplace.The progress that has been made in our knowl-edge of disability has brought with it the cre-ation of extremely helpful technical aids thatallow the disabled, on the one hand, to com-pensate for their disabilities, and on the other,to deal with the problems relating to on-the-jobperformance.

References

Lunt, N.; Thornton, P. 1993. Employment policies for disabledpeople: A review of legislation and services in fifteen countries,Sheffield, UK, 208pp. (Research Series, No.18)

Thornton, P.; Lunt N. 1997. Employment policies for disabledpeople in eighteen countries: A re v i e w, York, UK, Universityof York, Social Policy Research Unit, VI, 313pp.

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Many teachers’ unions have drawn upaction guidelines and detailed handbooks onthe integration of children with specific needsinto the school network. Depending on thec o u n t r y, union documents set out precise crite-ria as to the pre requisites for the successful inte-gration of children, the necessary supervision,s t a ffing re q u i rements and methods for oversee-ing the observance of these provisions. It entails,for instance, adapting computer terminals tooperate with Braille, installing special facilitiesin auditoriums for persons with hearing impair-ments or providing interpreters or auxiliaryteachers for persons using sign language.

Integration into the teachingprofession

Some trade unions have developed a pro -active strategy for integrating teachers withdisabilities. Canadian (above all in Quebec)and Japanese teachers’ unions are the leadersin this field.

Japan’s Nikkyoso teachers’ union (280,000members) set up a Committee for Te a c h e r swith Disabilities to look into the conditions ofemployment, promotion and job security fordisabled teachers and to devise policies accord-i n g l y. The Japanese law promoting the employ-ment of disabled persons provides for a 2.1 percent quota of disabled persons in the civil ser-vice and a 1.9 per cent quota in the private sec-tor. According to Kyoji Ogawa, Director of theDepartment for the Employment of DisabledPersons in Japan, the public education systemis still short of that figure, the current levelbeing 0.9 per cent. The Japanese Ministry of

Education advises the respective zones to drawup five-year action plans to employ a 2.1 percent quota of disabled teachers in publicschools in their jurisdictions. Nikkyoso re g u-larly call on the Japanese Government and theMinistry of Education to introduce a system toguarantee the rights of disabled teachers withdisabilities.

The 51,000-strong Quebec Teachers’ Union(CEQ) has also elaborated a fairly detailed pol-icy on the integration of teachers with disabili-ties. A c c o rding to a CEQ study published in1986, an estimated 7.4 per cent of the Quebec

57

Integrating persons with disabilities intothe teaching profession: A matter of concern

to trade unions

Fred van LeeuwenGeneral Secretary

Education International

While the integration of children with disabilities into the school system and the rehabilitation of teach-ers after occupational accidents or disease have long been the subject of trade union claims, the integrationof disabled persons into the teaching profession, in contrast, remains an area that has received little atten-tion from them. The following article gives an overview of the development of the situation in this regard.

Education International (EI) was cre-ated in 1993 by the amalgamation of twoi n t e rnational teacher organizations – theWorld Confederation of Organizations ofthe Teaching Professions (WCOTP) and theInternational Federation of Free Teachers’Unions (IFFTU). Today it represents 23 mil-lion educators at all levels, from the pre -school to the post-graduate, through its284 national member organizations spre a dover 149 countries and territories. EI has as e c retariat in Brussels and five re g i o n a lo ffices for Africa, North America and theCaribbean, Latin America, Asia and thePacific, and Europe. Its purpose is toi m p rove the status, rights and conditionsof employment of educators and to pro-mote a good standard of public educationfreely accessible to all.

Information: Tel. (+322) 224.0611E-mail: educint@ei-ie.orgWeb page: http://www.ei-ie.org

population were suffering from “significant orpersistent impairments” in 1984. Luc A l l a i re ,the author of the study, says that in addition, 90per cent of these 500,000 disabled persons arejobless, which means that they comprise thesocial group with the lowest level of paidemployment.

A CEQ resolution on the vocational integra-tion of disabled persons, adopted in Marc h1986, called on the union, inter alia, to ensurethat clauses on access to equal treatment pro-vide for such supervision as will permit mem-bers to help create the conditions for pro m o t-ing the employment of disabled persons andtheir mobility within the enterprise [and to]oppose any element of exclusion from workbased on birth or the recognition of a handicap.

Covered by the law on the civil service

All across the world, the efforts of countlesstrade unions are directed more simply atensuring that laws on equality of employmenta re implemented and respected, independentlyof any discrimination based on physical andmental impairments. Accordingly, the Germanlaw on the civil service, which compels theState as an employer to include a certain num-ber of disabled persons, covers teachers in Ger-m a n y. While observing the spirit of this law,the various Länder have made their own adap-tations to it. The result is that to date, the230,000 member- s t rong German Te a c h e r s ’Union, GEW (Gewerkschaft Erziehung undWissenschaft), has never tabled this issue inbargaining for collective labour contracts.

Being mostly civil servants, teachers areindeed covered by legislation governing accessto education and employment for the disabled.But although teachers’ unions have not gener-ally considered it necessary to adopt specificaction guidelines to protect access for disabledpersons to the teaching profession, this attitudemay well be changing, along the same lines asin New Zealand.

Crucial social policy reverses

Rosslyn Noonan, former National Secre t a r yof NZEI (New Zealand Educational Insti-t u t e / Te Riu Roa, 22,600 members) and cur-rently Human and Trade Union Rights Co-o rdinator for Education International (EI),explains that for many years the social laws ofNew Zealand’s Labour Government were socomplete and generous that the union did notconsider it necessary to adopt a specific pro-

gramme on the integration or return of teach-ers with disabilities. The return of the Conser-vatives to power in the early 1990s dealt a seri-ous blow to social policy. In 1993, the NZEI/TeRiu Roa realized, for instance, that support per-sonnel and part-time employees were not fullycovered by the legislation on compensation inthe event of occupational accidents, whichmeant that if an accident occurred during vaca-tion, the educator was not covered. Accordingto NZEI executive Carole A. Hicks, the situa-tion was corrected by negotiations that endedin 1994.

Adapting architecture andtransportation facilities

Lärarförbundet, one of Sweden’s teachers’unions – 175,000 members – also strives toensure the effective application of the nationallaw governing the equality of opportunity,which contemplates discrimination-free accessto education and employment. Agneta Brödenof the Education and Employment Departmentat the Lärarförbundet Sweden headquarterssays that the Government, regions and muni-cipalities are obliged to observe this law, theapplication of which was redefined on 1 Janu-ary 1994. It contemplates equipping work postsor effecting the necessary adjustments in worke n v i ronments to allow for the integration ofdisabled persons. Conversions are also con-ceivable to remedy certain problems stemmingf rom the arc h i t e c t u re of school buildings ortransportation-related difficulties.

Vocational training

Taking into account the nature of impair-ment, functional limitations and degree ofautonomy, resource needs for vocational train-ing or upgrading will necessarily differ fro mone disabled person to another. Some countriesp rovide special teacher-training facilities fordisabled persons. Canada, for instance, setsg reat store by distance learning for personsunable to travel and adapting the means of dis-semination to be able to reach disabled per-sons, whatever their impairments or functionallimitations.

Finding the appropriate means ofoutreach to this population group

In Sweden, much is also being done to caterto the needs of disabled persons at the level ofhigh school, vocational training and appre n-

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ticeships. Hence, students undergoing teachertraining receive personalized assistance toattend courses and are provided with speciallyadapted technical equipment where possible.All university budgets contain a specific appro-priation for the needs of disabled students.

The CEQ has formulated a number ofclaims concerning the education of disabledadults, especially those who have already suf-f e red an injustice by being excluded from theschool system. The CEQ claims documentstates thatthe Ministry must reach out to thosewho as adults are now excluded from takingpart in the life of the community owing to theirlack of education. Adequate ways must befound to target this social group which cannotbe reached by traditional methods, and pro-grammes and courses devised to minister totheir needs. To that end, the Ministry couldenlist the collaboration of agencies in the fieldthat are in touch with this group.

Rehabilitation of teacherswith disabilities

Most teachers’ unions defend the right ofeducators who have developed functional lim-itations as a result of an accident or illness toreturn to their positions at their places of work.

Agneta Bröden of Lärarförbundet Swedenbelieves that when it comes to re i n t e g r a t i n gteachers who have had an accident in thecourse of their career, society is duty-bound toallow them to continue their professional lifefor as long as possible. To that end, the recon-version of the work environment and of voca-tional techniques are high on the list of priori-ties, as well as the possible redistribution oftasks or retraining.

In Japan too, Nikkyoso is negotiating theimplementation of support measures to enableteachers who have become disabled in thecourse of their career to keep their jobs for aslong as possible.

Part-time work and disabilityallowances

In the Canadian province of Saskatchewan,teachers who have sustained a disability in thecourse of employment are allowed to re s u m etheir teaching post on a part-time basis,w i t h their salary supplemented by disabilityallowances. In this way, teachers whose dis-ability prevents them from teaching for awhole day are able to remain active. Accordingto Isobel Tamney of the Saskatchewan teachers’

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Cathy’s testimony:deaf teacher

in a traditional classroom

Cathy was not always deaf. As a result ofa congenital disease, she started losing herhearing at the age of 13. Having learned tospeak, she lost her hearing while training asa teacher at St Mary ’s University in Halifax.Cathy had learned sign language and lip-reading and obtained her teacher’s diplomawith flying colours. Wishing to teach “nor-mal” children, she applied for an intern s h i pas a science teacher at a junior high school.

Two teachers initially assisted her. Itwas difficult for Cathy in the beginning asshe was unable to communicate with herpupils or keep class discipline. Such diff i-culties were soon overcome and it becameclear to everyone that the behaviour andl e a rning patterns of the pupils with thedeaf teacher diff e red substantially fro mthose of the others.

C a t h y ’s pupils were asked to discuss theirexperience. At the beginning, the pupilshad been uncomfortable with the idea thatCathy could not “hear” them. She taughtthem the rudiments of sign language andencouraged them to write certain questionsor comments on the board. As conversationwas more difficult for her, she would re l ym o re on practical science experiments thanon explanations of them. She also had toremain focused on her subject and not getc a rried away in diversions, which meantthat the course could pro g ress more rapidly.

It was extremely difficult to maintainclass discipline and at first the pupils talkedtoo much, knowing that Cathy could nothear them. But the pupils nevert h e l e s ssoon came to feel responsible for thep roper running of the class. Because Cathy’selocution was poor, the children had toconcentrate and exercise self-discipline ino rder to hear her. Over and above her sub-ject, Cathy also inculcated very import a n tvalues in her pupils: notably, respect for dif-f e rences, a taste for perf o rmance and forsurpassing themselves. The upshot of theexperience is that the integration of dis-abled persons is obviously beneficial to thedisabled person, but also has numero u spositive spin-offs for the work, or in thiscase, scholastic enviro n m e n t .

union, a member of the Canadian Te a c h e r s ’Federation FCE/CTF, the health insurance sys-tem also allows for the purchase of ergonomicequipment that will enable teachers to pursuetheir careers for a longer time.

As is often the case when trade unions actagainst discrimination, their claims for theequipping or re-adaptation of work enviro n-ments to allow for the inclusion or return ofdisabled persons ultimately contribute toimproving the long-term conditions of occupa-tional health and safety for everyone.

Anxious to promote equal opportunity andt reatment in all spheres, more and moreteacher unions are drawing up trade unionpolicies for the integration of teachers with dis-abilities into the school system, to the generalgood, as demonstrated by the experience ofCathy, a deaf teacher (see box on p. 59).

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Disabled persons and the problemsof the world of work

Non-discrimination is now enshrined in theGerman Constitution: “No one shall be disad-vantaged by reason of a disability” (Art. 3, BasicL a w, amended in 1994 to incorporate the pro v i-sions of ILO Convention No. 111). The stru g g l efor equal opportunity for disabled persons isgathering pace and is giving fresh impetus totrade union endeavours in this sphere. Fro mthe trade union viewpoint, the basic principlesunderlying work for people with disabilities ares o l i d a r i t y, equal opportunity, integration, par-ticipation and freedom of choice in the occupa-tional and personal sphere s .

Labour market conditions have deterio-rated sharply under the impact of globalizationand keen competition. Employers are doingeverything in their power to downsize theirw o r k f o rces, and the vulnerable groups – peo-ple with disabilities, young people, women,older workers – are the primary victims.Employers are failing to respect their statutoryjob quotas for disabled persons (6 per cent).They prefer to pay the levy or fine imposed asa penalty in such cases, the proceeds fro mwhich are used to assist people with disabili-ties. The now manifestly rising social injusticeis leading to the exclusion of these persons, forwhom access to the world of work, education,housing or public places is becoming incre a s-ingly difficult. IG Metall can observe this exclu-sion dire c t l y, not only within its own ranks, butalso when it comes to elections to bodies re p-resenting people with disabilities.

Finally, it is the employers themselves whodecide on the number of jobs available for dis-abled persons. Their statutory obligations existonly on paper, as the government has opted tosoft-pedal its policy in this re g a rd in order to

appease enterprises in their ceaseless clamourfor greater deregulation. Accordingly, employ-ers have for some years now been “buying”their freedom not to re c ruit people with dis-abilities by paying the levy, which generates anannual inflow of one billion German marksinto the government’s coffers, but this is notleading to the creation of permanent work forpeople with disabilities. The attitude of theemployers is clear: not content with consis-tently undermining the social security networkdespite appreciable productivity and pro f i tgains and still very low levels of corporate tax-ation, they want an economy free of obligationstowards people with disabilities.

Between 1991 and 1995, the competentauthorities received 243,827 applications forl a y - o ff approvals. Some 192,000 (about 80 percent) lay-off procedures ended in job losses.

Yet employers can hardly deny that in mostcases the impairments of disabled persons arework-related. Towards the end of their profes-sional life, more than one in three workersdevelop disabilities. Apart from congenital dis-abilities or those caused by accidents, 80 percent of all impairments are the result of chronicdisease linked to wear and tear on the org a n-ism, among which psychological afflictions areshowing the sharpest rise. What is more, it isan observed fact that working conditions areone of the chief causes of disablement.

Disabled persons and their representa-tion in the metalworking industry

In Germany, there are 6.5 million severe l ydisabled persons “duly recognized” by thea u t h o r i t i es,1 2.25 million of whom are between15 and 60 years of age. Of this total, only850,000 are in paid employment, 197,000 arere g i s t e red as unemployed and 50,000 are in

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Vocational rehabilitation and employmentof persons with disabilities in Germany:

The IG Metall approach

The following article draws on a series of papers issued by IG Metall, Germany’s largest trade union,concerning its policy on workers with disabilities. It describes the situation of this category of persons inthe present economic setting and outlines the history of legislation in this regard and trade union activitiesin defence of people with disabilities. It then enumerates the reforms that would be needed to improve theirchances of rehabilitation and employment and concludes by suggesting certain innovations that couldimprove the situation of persons with disabilities on the job market.

s h e l t e red workshops. In parallel, the number ofjobs for people with disabilities fell by 140,000between 1991 and 1995. In the private sector,the employment rate for this group fell fro m4 per cent to 3.6 per cent over that same period.

The metalworking industry employs 100,000d i s abled workers. But a great many otherworkers are threatened with disability becauseof chronic health problems. Disabled personsa re especially vulnerable when it comes tocompany staff reduction policies, demands forflexibility, as well as policies for limiting socialwelfare benefits and for deregulation.

Although employers are incre a s i n g l yattempting to shirk their obligation to re c ru i tpeople with disabilities (76 per cent of them donot or only partially respect the law), it must besaid that in the metalworking industry, the rateof employment of disabled workers is higherthan the national average (4.3 and 3.6 per centrespectively). The number of disabled workerre p resentatives in enterprises is also on thedecline. During the 1994 elections, there were5,900 re p resentatives of disabled workers acro s s2,261 enterprises, or 25 per cent less than in 1990.

On the whole, the labour market is particu-larly unfavourable to people with disabilities.The job insecurity of this group explains theirhigh level of unionization (53 per cent) andtheir strong links with the union.

The problems of peoplewith disabilities

In the day-to-day experience of many peo-ple with disabilities, the main problem is nottheir physical impairment – with which theyhave learned to live – but resides in their rela-tions with their immediate supervisors in theenterprises. As a result:• the affected persons are reluctant to com-

plain to public authorities;• they do not show their card, and instead

forego their rights;• t h ree times as many disabled as non-dis-

abled persons accept fixed-term contracts;• they are often employed at a level lower

than warranted by their qualifications;• they accept jobs that are inimical to their

impairment and often develop new disabil-ities;

• they are disproportionately affected by lay-offs;

• they are disadvantaged by changes in workorganization;

• disabled persons with hearing impairmentsreceive very little attention;

• those with mental impairments are oftenc l a s s i fied as eligible only for disability al-lowances or are placed in psychiatric centre s .

To remedy this situation, a democratic soci-ety must be in a position to:• guarantee a minimum of solidarity between

disabled and non-disabled persons;• put in place a minimum of binding stan-

dards and laws to combat exclusion;• p rovide disabled people with assistance

and services guaranteeing them a means ofexistence and the certainty of placement inthe light of their needs.

Trade union policy

The occupational exclusion of people withdisabilities cannot be effectively counteractedwithout some curtailment of the freedom ofenterprises or without careful planning of staffallocation. The law on people with disabilitiesshould be more forthright as re g a rds the dutiesof employers and should be really bindingwhen it comes to the hiring and integration ofpeople with disabilities.

Job prospects

To be able to organize their lives and that oftheir family, disabled persons, just like non-dis-abled persons, need a permanent place in thejob market. Atypical forms of work thatexclude persons from the mainstream job mar-ket for long periods should be rejected. Totrade unions, vocational rehabilitation meansaccess to a “normal” job where all persons withand without disabilities can work together. Theintegration process can be realized only if wework actively within enterprises to eliminateprejudices and obstacles.

Jobs in line with qualifications

Recent studies have shown that, on thewhole, people with disabilities are no less qual-ified than other people. They should thereforeobtain jobs in line with their qualifications.

Support services

The services available within the enterpriseto facilitate the occupational integration of peo-ple with disabilities should be provided in

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c o o rdination with their re p resentative bodiesand with external services specialized in inte-gration. Integration should be responsive topeople’s real needs.

Trade union representationof people with disabilities

There is no contradiction in terms betweenthe notion of self-determination for peoplewith disabilities and that of trade union repre-sentation. On the contrary, the two are mutu-ally supportive. Trade union representation ofpeople with disabilities is a precondition forrealizing their right to self-determination andequal opportunity. The involvement of theirown re p resentative bodies should be expandedand strengthened.

The history of legislation

From the integration of the war-disabled to the civil right of equality

As from 1920, which marked the start of dis-a b i l i t y - related legislation, it was clear that socialrehabilitation entailed occupational integrationfirst and foremost. After the two world wars,the occupational integration of disabled per-sons was intended, above all, to offset the eco-nomic and social consequences of war and waspossible only by means of government inter-vention that meant a degree of constraint on thef reedom of companies to manage their staff .

The 1974 law on persons with disabilitiesremained true to the tradition of state inter-vention. It preserved the notion of re i n t e g r a-tion (of war and accident victims), but alsotook account of contemporary societal tre n d s ,specifically with regard to the need for rehabil-itation and reintegration of “civilian” personswith disabilities. Inspired by a socio-liberalreform policy, it aimed at instituting equality ofopportunity for all citizens.

The mechanism for integration encompassesthe following traditional measures of pro t e c t i o nand adaptation within the enterprise:• the employer obligation to ease the process

of reintegration;• the employer obligation to hire a quota of

people with disabilities;• an equalization tax to encourage re c ru i t-

ment;• re p resentation for people with disabilities;• special legal provisions against dismissal;• accompaniment services.

Shortcomings of the law

During the years of virtually full employ-ment, the integration of people with disabilitieswas not an issue. That was why the lawmakerfailed to prescribe meaningful participation ofpeople with disabilities in taking the decisionsa ffecting their integration and their job securityin the enterprise. The shortcomings of the laww e re soon manifest. It was sarcastically dubbedthe “Law of good intentions”, as employers didnot take their responsibility seriously. This atti-tude really became tragic with the deepening ofthe job market crisis during the 1980s. Sincethen, the situation of people with disabilities onthe labour market has been worsening steadily.The revised 1986 law, with a neo-liberal orien-tation, led to a weakening of social and legalp rotection for people with disabilities. Thew a t c h w o rd was “elimination of obstacles toemployment”. But “obstacles” meant, forexample, additional leave for disabled workersor protection against dismissal.

This is why, today more than ever, job secu-rity for disabled workers depends on the skilland strength of works councils, staff commit-tees and bodies re p resenting people withdisabilities. Enterprise and non-enterprisecounselling and rehabilitation services arebecoming more important, as is cooperationwith the external “social services” (psycho-social centres, and so on).

Rehabilitation and reintegrationby group work

Since the early 1990s, group work – a newform of work organization in the pro d u c t i o nand service industries – has been on the rise.An instrument for downsizing and restructur-ing for the employer, a means of enhancingqualifications, salary and room for manoeuvrefor workers, group work implies cooperationand solidarity. But it also carries serious risksfor people with disabilities:• staff cuts;• self-exploitation;• stress caused by group pressure;• endeavouring to do more, in the hope of

reward;• the danger of exclusion;• a form of work outside the purview of trade

unions;• replacement of collective agreements with

individual contracts.

63

Yet the advantages are not negligible:• broadening of the fields of activity;• increased responsibility;• greater mastery of work processes;• closer links with the life of the enterprise;• the exercise of initiative;• increased qualification;• i m p roved worker-management re l a t i o n s ;• greater autonomy;• career advancement possibilities.

In this connection, five areas should beregulated:

(1) Integration

It should be a matter of permanent integra-tion into a suitable job. For example, workingconditions should be such as to make formutual assistance among all members of theg roup, whether disabled or not. To achieveequality of opportunity, the performanceexpected from a disabled worker should be setat an average level and not gauged in terms ofmaximum performances. General group per-formance targets should there f o re makeallowance for medical absences by disabledpersons or for longer travelling time.

(2) Adapting work to suitdisabled persons

Employment can be stabilized thro u g hgood work organization. Jobs should be soadapted as to enable people with disabilities toperform optimally.

(3) Qualifications

If they had the benefit of qualification pro-grammes off e red within enterprises, a goodmany disabled workers could obtain jobs ofbetter quality and pro g ress to higher levels.Training is an indispensable element of equal-ity for people with disabilities.

(4) Participation

Such participation should be guided bytolerance. In group work, members actautonomously and share the work. Thismethod of operation requires a good quality ofcommunication, social skills and the capacityfor collective problem-solving. These qualitiesa re unevenly distributed among individuals,

but can be induced by training. Group workwill inevitably entail conflicts, which can bemanaged constructively. Everyone must there-f o re show understanding towards his or hercolleagues. If a dispute persists, a disabledworker can request the assistance of his or herre p resentative body or of a member of theworks council.

(5) Organize work to ensureequality of treatment

The organization of group work should beso regulated as guarantee participation by allon an equal footing and provide for disputesettlement pro c e d u res. For example, workorganization can ensure equality of persons atthe level of communication: as necessary, pro-vision can be made for a sign language inter-p re t e r, an additional acoustic or written pre-sentation, audio cassettes or information andminutes in Braille.

To sum up, the following are the objectivesof the incorporation of people with disabilitiesinto group work:• recognize and act in time to avert the risk of

exclusion;• the bodies re p resenting people with dis-

abilities and the works council should coop-erate in implementing an integration andjob security policy;

• working and service conditions should beadapted to the needs of disabled persons;

• access to qualification enhances their careeradvancement prospects;

• groups should display acceptance of differ-ences and tolerance towards their disabledcolleagues;

• social behaviour within groups must abideby the rules;

• disabled workers should participate on anequal footing in all decision-making withinthe group.

The requisite reforms

IG Metall’s work organization stru c t u re sshould be better adapted to the problems ofre p resenting people with disabilities. Its fie l dof intervention should be broadened and itshould endeavour to halt the decline in activi-ties of local and regional groups. For the timebeing, the working groups on disability-related issues are relatively well attended andmeet re g u l a r l y. The discussions are stimulat-

64

ing and motivating. Within these groups, soli-darity is not an empty word. The policy onpeople with disabilities is an integral part ofthe union’s social policy and, as such, mustremain within its field of action as it cutsa c ross almost all the organization’s domains ofwork and action.

A climate of mutual trust

The union should actively and systemati-cally forge links and set up a network linkingworking groups for people with disabilitieswith the other union committees and also linkpolicies concerning disabled people with gen-eral policies. A key element of future develop-ment will be cooperation in a climate ofmutual trust among volunteer and full-timeplayers and the more visible association of vol-unteers with the decision-making process. Theapportionment of responsibility is a decisivep re requisite for working constructively in thep resent context of overwork and excessivedemands. In short, starting with its ExecutiveCommittee, the trade union should developand strengthen the various levels of its stru c-t u res for disability-related issues with specificre g a rd to planning, coordination and leader-ship of the political work, in concert witha central working group re p resenting disabledpersons. It should see to the task of “multipli-cation” through the initial and ongoing train-ing of a nucleus of activists and develop arange of specialized seminars. It should coor-dinate regional initiatives and projects in con-junction with the central working gro u pa n d with the Federation of German Tr a d eUnions (DGB) and work in close collaborationwith the organizations re p resenting disabledpersons and their sectoral associations at alll e v e l s .

The outlook

The trade unions are contemplating newd e p a r t u res in the business of vocational inte-gration, through planning, steering and moni-toring. For the time being, the success or fail-u re of the vocational reintegration policies ofgovernment and enterprises depends larg e l yon the prevailing business cycle, at times onthe good will of the management, thoughm o re than all else, on the effectiveness ofworks councils. It would be useful to create abody within enterprises with an explicit briefto organize and follow up rehabilitation andreintegration measures. Its mission would be

to coordinate vocational integration needs interms of existing legal provisions and avail-able re s o u rc e s .

The new instruments proposed to make foreasier integration are:• planning of integration (stocktaking, setting

of objectives, a timetable and priorities) anda description of responsibilities, coopera-tion with the works council and of theindispensable consultation and evaluationprocedures;

• agreement on the objectives being pursued(with the guaranteed participation of therepresentatives of disabled persons);

• the development of qualifications, whichp resupposes cooperation among employ-ment offices, offices to assist persons withdisabilities, specialized reintegration ser-vices, vocational training bodies, and thel i k e ) ;

• c reating an integration fund: the re s o u rc e sof the integration fund would come fro mthe value-added created by the enterpriseand are paid over as an internal transfer, sothat these amounts do not appear on thebalance sheet and there f o re do not finan-cially undermine the hiring of people withdisabilities in any way;

• creating a steering group to oversee, guideand ensure cooperation on vocational re-integration and the employment policy ofthe enterprise;

• the institution of a compulsory equalityaudit: this is a second element of planningand also a means of monitoring. Theemployer is obligated to report regularly onthe status of equality in the enterprise(shortcomings, progress and future needs);

• expanded rights of participation: tradeunions and associations of people with dis-abilities must have the right to propose can-didates to represent people with disabilitiesin the Federal Government, the govern-ments of the Länder (States) and in themunicipal councils (DGB).

As affirmed by the DGB in its policy state-ment on people with disabilities, in a democra-tic society, the occupational reintegration of dis-abled persons cannot be left entirely to thed i s c retion of government authorities. Theexclusion of disabled persons from numero u sfacets of life in society can only be corrected bys t rengthening their own capacity to intervened i re c t l y, side by side with the trade unions. This

65

should be the thrust of the endeavours of all theparties concerned, for, as we approach the closeof the century, the task still ahead is commen-surate with the magnitude of the stakes.

Note1 The status of a “severely disabled” person is based on

a disability rate of 50 per cent or higher, though some lawscontemplate the occupational integration of persons withdisabilities between 30 and 50 per cent.

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The possibility for disabled persons toobtain paid employment in France has its basismainly in the law of 10 July 1987.

For ten years, this law enabled the Fre n c hDemocratic Confederation of Labour (CFDT),despite an economic downturn, to maintain a4 per cent rate of re c ruitment of disabled per-sons in public and private enterprises.

One may be tempted to give in to pes-simism. The law actually prescribes a 6 per centquota. But that is not the attitude we intend totake. Far from engaging in sterile denuncia-tions, we as trade unionists are determined tobuild on the dynamics set in motion by the1987 law and which could evolve further withsome improvements.

Indeed, the law, which is more of an incen-tive than a constraint and was adopted unani-mously thanks to pre s s u re exerted by associa-tions of disabled persons, is characterizedb y the principles of realism and solidarity. Itrests on an obligation to achieve re s u l t sa n d takes due account of the seriousness of thed i s a b i l i t y. Lastly, it proposes to enterprisesa n d to management and labour new ways ofhelping to achieve the goals of integration ins o c i e t y.

The pivotal role of the Fund forthe Integration of Disabled Persons(AGEFIPH)

The main innovation was the establishmentof a fund managed by employers, tradeunions, associations and qualified personsappointed by the Government. The A G E F I P Hfund gives financial assistance to those whoemploy disabled persons from funds raisedt h rough levies on enterprises that fall short ofthe 6 per cent quota. This system of contribu-tion is criticized in some quarters. Our org a n i-zation views the AGEFIPH as an incre a s i n g l ycomplex vehicle for integration that could play

an even more expanded role, as its curre n tregional decentralization enables it to act inthe following sphere s :• awareness-creation and information;• accompaniment of vocational training;• assistance with integration and overcoming

technical obstacles;• supporting trade union and employer org a-

nizations in promoting information andawareness-building.

As of 1999 a special three-year plan of newm e a s u res will be implemented to give fre s himpetus to the integration of disabled persons.

A fairly positive assessmentafter eight years

Some 750,000 person have benefited fro mAGEFIPH interventions, 180,000 have obtainedjobs, 107,000 have kept their jobs, 143,000 havereceived training and upgrading, 420,000 appli-cations for assistance have been financed to thetune of 10.6 million francs, 39 per cent going toenterprises, 34 per cent to disabled persons and27 per cent to integration intermediaries.

It should be underscored that the A G E F I P His founded on an effective partnership. Sincethe inception of this fund, the CFDT has playeda very active and committed role in discussionsthat have helped to enhance its effectiveness. Itwas originally chaired by Force Ouvrière (FO)and has been under the leadership of theNational Council of French Employers (CNPF)for three consecutive terms now.

Enterprise agreements

The law’s effectiveness is also partly attrib-utable to the principle of enterprise agre e-ments, almost 100 of which have been con-cluded. This is a somewhat meagre result, as

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The CFDT’s viewpoint on the managementof the vocational integration of workers

with disabilities in France

Huguette Puel and Gaby TholletOfficers

Disabled workers’ questionsCFDT (France)

they cover only a very small number of com-panies. For the time being, the possibility ofindustry-wide agreements is open to a singles e c t o r, the FEHAP, with 300,000 employees inthe non-profit community health and socialservices sector.

Despite this paltry performance, the CFDT,being involved in most of these agre e m e n t s ,views it as a success on the part of both sides ofindustry – employers and workers. It is a com-plex matter, but the negotiators of these agree-ments are often highly satisfied at the dynam-ics generated. They are the more interesting forbringing out the problems of work org a n i z a-tion, the work environment, accessibility, men-toring, individualized integration, all of whichcan be applied to other areas and other targ e tg roups (young people in particular). The CFDTwould like to see persons appointed to beresponsible for follow-up, in conjunction withhuman re s o u rce departments, in order toensure better monitoring of departmental inte-gration plans and the work of follow-up andreintegration teams. The CFDT has launchedmany initiatives to bring together the negotia-tors of these agreements.

Subcontracting and sheltered work

Another expression of French originality isthe appreciable number of sheltered workplacesin existence. In 1996, there were 83,956 places inwork help centres (CAT) and 14,200 in sheltere dworkshops. The sector is important, inter alia,because it enables mentally disabled persons toretain some possibility of employability. Thisnotwithstanding, the prospects of individualsgaining access to the ordinary working envi-ronment are still rather slim, at less than 1 percent. The 1987 law proposes that in addition toc reating new jobs for disabled persons, enter-prises could make use of subcontracting, whichre p resents revenues of 2 billion francs, or a sumg reater than the amount collected by the fund.The development of subcontracting can, how-e v e r, raise problems of re s t ructuring certaind i rect jobs. This has been observed in the auto-motive and certain other industries. There areeven competition-related conflicts betweens h e l t e red work and SMEs on some markets.

Training and qualificationof disabled workers

Training is one of the principal paths toemployment and, re g re t t a b l y, disabled personsare sadly lacking in this respect. They are gen -

erally at level 5, where fewer and fewer jobs areavailable. Vocational Rehabilitation Centre s(CRP) provide training opportunities. In addi-tion, the Vocational Training Association forAdults (AFPA) offers 4,000 places for disabledpersons and 2,800 are made available by otherbodies linked to regional schemes set up by theAGEFIPH and the Regional Councils. Why is itnot possible to better integrate persons withdisabilities into ordinary training facilities?How can they be better pre p a red for today’sprofessions?

The ordinary employment mechanisms

Under the stewardship of Martine A u b r y,for the Ministry of Labour and the Office deal-ing with employment for persons with disabil-ities, today’s French Government aims at inte-grating persons with disabilities into theo rdinary mechanisms for dealing with jobless-ness. Persons with disabilities there f o re re m a i none of the Government’s priorities. Some 49,000persons benefited under European Trade UnionConfederation (ETUC) campaigns; and 20,500Employment Initiative Contracts (Contrats Ini-tiative Emploi) – CIE – have been granted to per-sons with disabilities, though not without pos-ing some problems. Persons with disabilitiesb e n e fit from positive discrimination that is notuniversally acceptable across French society.The treatment of disabled persons under thesocial security system, more specifically themechanism put in place by the Technical Com-mission for Occupational Guidance and Reinte-gration (COTOREP), could create a situation,for instance, in which some mentally ill personswhose condition has been stabilized could bet reated as disabled persons, thus qualifying forthe full range of assistance and allowances,which could be well in excess of the minimumincome for economic and social integration(RMI) or other minimum social welfare entitle-m e n t s .

Europe and persons with disabilities

Via its Directorate General V, the Euro p e a n

many examples of successful integration. Itwould seem that the existence of France’s 1987law is an asset, notwithstanding the lack of uni-versal agreement, from country to country,between employee and employer unions on thequotas to be instituted. In any case, there wouldseem to be the political will to improve the lotof the 30 million people grappling with disabil-ities and excluded from the world of work.

A dynamic process to bedeveloped in which the Statemust play a full part

Much remains to be done. While it is notour trade union’s top priority, the matter of theemployment of disabled persons is among theconcerns of our leaders. Activities very oftentake the form of coordination with associations(UNAPEI, A P F, A PAJH, FNAT H) .1 The Gov-ernment should continue to give strong impe-tus to the process so that at least the sameopportunities are available to disabled personsnationwide. Industrial accidents and jobp reservation for those who have suff e red ill-nesses and accidents are still a problem.

Institutions have been mandated to act asf o rums for discussion and proposal, such asthe National Advisory Council on People withDisabilities in the Ministry for Social A ff a i r s ,the Employment A ffairs’ Higher Council forthe Social and Occupational Reintegration ofDisabled Workers and the Ministry for Labour.

In each department, trade unions can takeup their place in the Departmental Pro-grammes for the Integration of People withDisabilities (PDITH), which make it possible toc o o rdinate action by the Government, theNational Agency for Placement and Employ-ment (ANPE) and the Teams for the Pre p a r a-tion and Follow-up of the Reintegration of Per-sons with Disabilities (EPSR) and the Agenciesfor the Integration and Placement of DisabledPersons (OIPs). This initiative, designed to trig-ger an active employment process, shouldserve to coordinate local initiatives around asingle project, that of implementing a policyrather than a single programme of action.

The right to work is still one of the funda-mental rights, also open to disabled personswho wish to achieve dignity through work.

CFDT action

The CFDT action plan to promote theemployment of disabled persons should be amatter of concern to all CFDT members.

The 1987 law set the target of a 6 per centre c ruitment quota for disabled workers in pub-lic and private enterprises. We are still short ofthis goal, which is apparently beyond the re a c hof some employers, who plead the negativebusiness climate and the virtual impossibilityof finding employable disabled persons to fil lthe existing vacancies.

T h e re is still some way to go so that dis-abled persons can enjoy the same opportuni-ties open to any other employee. The CFDTbelieves that this calls for unwavering deter-mination and long-term commitment on thepart of all elected re p resentatives. Trade unionshave been instrumental in getting the EDF,SNCF, Thomson and more than 90 big compa-nies to sign agreements. If effective action is tobe taken to promote the employment of dis-abled persons, some factors must be taken intoaccount in drawing up a genuine employmentstrategy.

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An example of sponsorshipby a trade union section:

Nantes biscuit factory

A sheltered workshopin the factory compound

Within the framework of the re g u l a-tions on the employment of disabled per-sons by enterprises, the works committee,CHSCT and the CFDT launched an initiativefor the creation of a sheltered workshopon the premises. In agreement with themanagement and with the support ofP r. M a t hé ,2 a sheltered workshop was setup and some 20 disabled persons nowwork there .

The CHSCT was instrumental in adapt-ing the working environment for theroughly 20 disabled persons employed inthe workshop. They have made consider-able headway in terms of their autonomyand their vocational rehabilitation, aidedby the proximity of the other workers. Thecanteen is open to them, which helps themto make contact more easily with their fel-low employees. More o v e r, they may alsop a rticipate in the activities of the workscommittee.

This action should be viewed as part ofthe worldwide endeavour to ensure thatdisabled persons can take up their placesas citizens through access to work, sup-p o rted by laws such as the one in France,which provides them with an avenuetowards integration.

Aw a reness needs to be created amongemployees even before launching an initiativein this regard. Elected works’ committee mem-bers or shop stewards must publish tract ordocuments informing employees about theemployability of disabled persons. We muststart by breaking down the walls of indiff e r-ence or fear separating persons without dis-abilities from those disadvantaged by suchimpairments. Many of the former are totallyignorant about disabled persons and holdstrong prejudices.

Elected representatives should make use ofthe social report furnished by the employer tothe works’ committee, as it is a snapshot of thesituation of the enterprise with respect torecruitment.

In any plan for new re c ruitment in theenterprise, trade union representatives shouldbe careful to ensure that disabled persons arenot overlooked. For example, in the event of anagreement for shorter working hours and newre c ruitment, why not request a quota for dis-abled persons?

F i n a l l y, the Committee on OccupationalHealth and Safety (CHSCT) has a meaningfulrole to play in the adaptation of workplaces. Itcan also discuss preventive measures that

could be financed by the AGEFIPH to guardagainst occupational illnesses or accidents. Inthe aftermath of an occupational accident, ourrole is to do the utmost to safeguard the jobs ofthe victims. If a plan is adopted for the hiringof disabled persons, worker re p re s e n t a t i v e sshould be watchful to ensure that the work-shop or services receiving these new re c ru i t sdo not overlook such everyday problems as theaccessibility of restaurants, toilets or parkingfacilities. The new re c ruits should also be givenmoral support during the first few months.N a t u r a l l y, these persons must be able to jointhe trade union section and be eligible for elec-tion to the works’ committee, the CHSCT ort o the specialized committees (training, re-creation, for example).

Notes

1 UNAPEI: National Union of associations of parents ofdisabled childrenAPF: Association of paralysed persons in FranceA PAJH: Association for disabled adults and young personsF N ATH: National Federation of accident victims and d i s-abled persons

2 French expert on hospital staff, specialized in researchrelated to the treatment of cranial traumatism.

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Too many people, not the least those withdisabilities, are not aware that a number oftrade unions are involved in all matters per-taining to disabled persons, and this appliesboth within the community at large as well asto the unions’ own members who are disabledpersons. Manufacturing, Science, and Finance(MSF) for instance, which not only re p re s e n t smany workers who are disabled persons butalso employees of organizations that supportand advise disabled people, chose 1989 as itsEqual Opportunities Year during which itestablished a Working Group on Disability andEmployment which eventually became theMSF Disability and Employment RightsNational Advisory Committee (DERNAC).

DERNAC, a very influential national com-mittee is comprised of 15 MSF regional re p re-sentatives (the Republic of Ireland included)and a number of coopted members who havea c q u i red particular expertise in dealing withquestions concerning disabled persons. MSFactively promotes this national committee toensure that it is reflected in the disability advi-sory committees set up in its 14 regions. Sinceits inception, a number of the committee’smembers, with the support of MSF, have been

re g a rd. The National Disability Officer oper-ates a 24-hour and 365-day Members’ Disabil-ity Helpline from his home base and the MSFhead office has on-line facilities. The MSF Dis-abled Members’ Conference takes place eachyear bringing together key speakers on disabil-ity issues. They include government ministersand disability activists in both the United King-dom and Europe. Workshops on particularissues are also organized during the event.

Disability awareness is one issue constantlybeing addressed by MSF. Its head office strivesto be disability friendly: only recently the loopsystem was upgraded in the conference rooms.S i m i l a r l y, other physical barriers are constantlyunder review at the MSF College. In the sum-mer of 1998 £100,000 was expended on makingfurther improvements.

Excerpts from Sheet No. 4.Disability Discrimination Act 1995

The Disability Discrimination Act re c e i v e dRoyal Assent on 8th November 1995 with itsfirst provisions relating to employment (andservice provision) coming into force on 8December 1996.

What must MSF reps do?With your employer

Ensure that your employer includes disabilityin their equal opportunities policies, andpress your employer to audit their employ-ment practices and workplaces in the lead-in period to the Act coming into force. Askthe following questions:

1. What does your employer do to facilitatethe employment of disabled people?

2. A re your employer’s premises fully accessi-ble?

3 . A re disabled people entitled to all employeeb e n e fit s ?

4. Has your employer provided disabled staffwith information on their new rights?

5. What training in Disability Awareness andthe Disability Discrimination Act is youremployer carrying on?

6. Is your employer pre p a red to monitoremployees with disabilities by job and grade?

7. Will an Annual Report be produced by theemployer listing positive equal opportunitym e a s u res taken in respect of re c ru i t m e n t ,training and career development under-taken in the previous year for people withdisabilities?

8. Is the employer auditing the service it pro-vides? Do disabled clients receive the samestandard of service?

Excerpts from Sheet No. 6. RIGHTSNOW position statements on futureanti-discrimination legislation andthe Disability Discrimination Act 1995

The National Executive Committee has nowadopted the following position statement:that a new Disability Rights Commission be

appointed within the first year of a newGovernment;

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Disability Fact Sheets

No. 1 List of Royal National Institute for the Deaf Communication Support Units – for your contactfor sign language interpreters

No. 2 List of free booklets about the Disability Discrimination ActNo. 3 List of accessible formats and recommended wording to be carried by MSF journals and

newslettersNo. 4 The main provisions of the Disability Discrimination Act 1995No. 5 Trades Union Congress Equal Opportunities Agreement on DisabilityNo. 6 RIGHTS NOW Position Statement on Future Anti-discrimination Legislation and the Disability

Discrimination Act 1995No. 7 Disability Discrimination Checklist – Has a member been discriminated against?No. 8 Constitution of the MSF Disability and Employment Rights National Advisory CommitteeNo. 9 Postage to blind and visually impaired people – adviceNo. 10 Positive about disabled people (the Two Ticks Symbol – Employment Service)No. 11 The Employers’ Forum on Disability (includes lists of affiliated companies – spring 1998No. 12 Placing, Assessment and Counselling Teams (PACT)No. 13 Access to Work (Support for disabled employees or disabled people seeking employment)

that this Commission be composed of 75 percent re p resentative disabled people selectedin consultation with the organizations ofand for the disabled people and that theCommission be staffed by a majority of dis-abled people;

that this Commission be charged with the writ-ing of a new comprehensive and enforc e-able Civil Rights Bill;

that this Commission must report withintwelve months and not be fettered by anypreconditions; and

that this Commission be properly re s o u rced forthe task.

Excerpts from sheet No. 7.Disability Discrimination Checklist

The Disability Fact Sheet is to assist re p re-sentatives as a first “Port of Call” when beinga p p roached by a member who believes she/hehas been subject to Disability Discrimination.• Is your employer covered by the Act?• Is your member disabled for the purpose of

the Act?• Has the member been less favourably

t reated than someone who is not disabled istreated or would have been treated?

• What is the reason for this treatment?• Remember it doesn’t have to be just

“because she /he is disabled”. If the re a s o nis “related to her/his disability” it is illegal.Refusing to hire a worker because cus-tomers might be offended by being servedby a disabled person is an example of a re a-son related to the person’s disability.

• Can the employer show that the treatment is“ j u s t i fied” for the purposes of the Act? To dothis, the employer must show that the re a s o nfor the treatment is “material to the circ u m-stances of a particular case”, and substantial.

• Does the reason for less favourable tre a t-ment relate directly to the particular cir-cumstances of the case?

• Have non-disabled people to whom similarsubstantial objections could be raised beendiscriminated against in similar circ u m-stances?

• Is the reason based on a generalization orstereotype? If so, it is unlawful.

• Is the reason for less favourable tre a t m e n tsubstantial? Minor and trivial reasons for lessfavourable treatment will not be accepted.

• If the reason for less favourable treatment ismaterial and substantial, are there othera rguments, outside the scope of the A c t ,which you can bring into play?

• Have reasonable adjustments been consid-e red? Less favourable treatment is only “jus-t i fied” if a reasonable adjustment could notremove the reason for it, or make it insub-s t a n t i a l .

Excerpts from Sheet No. 13. Access towork: Support for disabled employeesor disabled people seeking employment

The Access to Work Scheme can help dis-abled people to tackle some of the practicalobstacles that they may meet going to or at theplace of work.It can help the disabled persons if they are

unemployed, in a job, or in self-employ-ment, whether the employment be part-time, full-time or temporary.

Access to Work can assist disabled persons in anumber of ways such as:

• a communicator if they are deaf or havehearing impairment and needs a communi-cator with them at an interview;

• a reader at work, if they are blind or havevisual impairment;

• special equipment (or alterations to existingequipment) to suit particular work needs, ifthey need it because of a disability;

• alterations to premises or working environ-ment if they need it because of a disability;

• a support worker, if they need practicalhelp because of a disability either at work orgetting to work;

• help towards the cost of getting to work ifthey are unable to use public transportbecause of a disability.

The scheme works like this:If the disabled person has already been in a job

for 6 weeks or more, Access to Work willmeet up to 80 per cent of the approved costsof help after the first £300.

If the person has been self-employed for 6weeks or more, Access to Work will meet upto 90 per cent of the approved costs of helpafter the first £100.

If total approved costs are more than £10,000over 3 years, Access to Work will pay 100per cent of the approved costs between£10,000 and the actual cost.

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If assistance is given by way of travel to workor communicator support at an interview,Access to Work will meet all the appro v e dcosts whether the person is unemployed oralready in a job.

Approved help is for as long as is needed up toa maximum of three years. After that time,consideration is given to renewing the helpunder the rules of the programme in opera-tion at that time.

To seek Access to Work help, the first point ofcontact is the local Jobcentre.

The Jobcentre then puts the disabled person incontact with a Disability Employment A d v i-sor (DEA) who is part of a professional teamof disability specialists known as Placing,Assessment and Counselling Team (PA C T ) .

Once Access to Work help is given, the DEAwill keep in touch with the disabled personand the employer to make sure that every-thing is going smoothly.

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The General Conference of the InternationalLabour Org a n i s a t i o n ,

Having been convened at Geneva by theGoverning Body of the InternationalLabour Office, and having met in itsThirty-eighth Session on 1 June 1955, and

Having decided upon the adoption of certainp roposals with re g a rd to the vocationalrehabilitation of the disabled, which is thefourth item on the agenda of the session,a n d

Having determined that these proposals shalltake the form of a Recommendation,

adopts this twenty-second day of June of theyear one thousand nine hundred and fifty-fivethe following Recommendation, which may becited as the Vocational Rehabilitation (Dis-abled) Recommendation, 1955:

W h e reas there are many and varied pro b-lems concerning those who suffer disability,and

W h e reas rehabilitation of such persons isessential in order that they be re s t o red to thefullest possible physical, mental, social, voca-tional and economic usefulness of which theyare capable, and

Whereas to meet the employment needs ofthe individual disabled person and to use man-power resources to the best advantage it is nec-essary to develop and restore the working abil-ity of disabled persons by combining into onecontinuous and co-ordinated process medical,psychological, social, educational, vocationalguidance, vocational training and placementservices, including follow-up,

The Conference recommends as follows:

I. Definitions

1. For the purpose of this Recommenda-tion —

( a) the term “vocational re h a b i l i t a t i o n ”means that part of the continuous and co-ord i-nated process of rehabilitation which involvesthe provision of those vocational services, e.g.vocational guidance, vocational training andselective placement, designed to enable a dis-

abled person to secure and retain suitableemployment; and

( b) the term “disabled person” means anindividual whose prospects of securing andretaining suitable employment are substan-tially reduced as a result of physical or mentalimpairment.

II. Scope of vocational rehabilitation

2. Vocational rehabilitation services shouldbe made available to all disabled persons,whatever the origin and nature of their disabil-ity and whatever their age, provided they canbe pre p a red for, and have reasonable pro s p e c t sof securing and retaining, suitable employ-ment.

III. Principles and methods of vocationalguidance, vocational training and placement

of disabled persons

3. All necessary and practicable measure sshould be taken to establish or develop spe-cialised vocational guidance services for dis-abled persons requiring aid in choosing orchanging their occupations.

4. The process of vocational guidanceshould include, as far as practicable in thenational circumstances and as appropriate inindividual cases —

( a) interview with a vocational guidanceofficer;

( b) examination of re c o rd of work experi-ence;

( c) examination of scholastic or otherre c o rds relating to education or trainingreceived;

( d) medical examination for vocationalguidance purposes;

( e) a p p ropriate tests of capacity and apti-tude, and, where desirable, other psychologicaltests;

( f) ascertainment of personal and familycircumstances;

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Appendices

Appendix I

Recommendation concerning Vocational Rehabilitationof the Disabled, 1955 (No. 99)

( g) ascertainment of aptitudes and thedevelopment of abilities by appropriate workexperiences and trial, and by other similarmeans;

( h) technical trade tests, either verbal orotherwise, in all cases where such seem neces-sary;

(i) analysis of physical capacity in relationto occupational requirements and the possibil-ity of improving that capacity;

( j) p rovision of information concerningemployment and training opportunities re l a t-ing to the qualifications, physical capacities,aptitudes, pre f e rences and experience of theperson concerned and to the needs of theemployment market.

5. The principles, measures and methods ofvocational training generally applied in thetraining of non-disabled persons should applyto disabled persons in so far as medical andeducational conditions permit.

6. ( 1) The training of disabled personsshould, wherever possible, enable them tocarry on an economic activity in which theycan use their vocational qualifications or apti-tudes in the light of employment prospects.

( 2) For this purpose, such training shouldbe —

( a) c o - o rdinated with selective placement,after medical advice, in occupations in whichthe performance of the work involved isaffected by, or affects, the disability to the leastpossible degree;

( b) p rovided, wherever possible and appro-priate, in the occupation in which the disabledperson was previously employed or in a re l a t e doccupation; and

(c) continued until the disabled person hasa c q u i red the skill necessary for working nor-mally on an equal basis with non-disabledworkers if he is capable of doing so.

7. W h e rever possible, disabled personsshould receive training with and under thesame conditions as non-disabled persons.

8. ( 1) Special services should be set up ordeveloped for training disabled persons who,particularly by reason of the nature or the sever-ity of their disability, cannot be trained in com-pany with non-disabled persons.

( 2) W h e rever possible and appro p r i a t e ,these services should include, inter alia:

(a) schools and training centres, residentialor otherwise;

(b) special short-term and long-term train-ing courses for specific occupations;

(c) courses to increase the skills of disabledpersons.

9. M e a s u res should be taken to encourageemployers to provide training for disabled per-sons; such measures should include, as appro-priate, financial, technical, medical or voca-tional assistance.

1 0. ( 1) M e a s u res should be taken todevelop special arrangements for the place-ment of disabled persons.

( 2) These arrangements should ensureeffective placement by means of —

( a) registration of applicants for employ-ment;

( b) re c o rding their occupational qualific a-tions, experience and desires;

(c) interviewing them for employment;( d) evaluating, if necessary, their physical

and vocational capacity;( e) encouraging employers to notify job

vacancies to the competent authority;( f) contacting employers, when necessary,

to demonstrate the employment capacities ofdisabled persons, and to secure employmentfor them;

( g) assisting them to obtain such vocationalguidance, vocational training, medical andsocial services as may be necessary.

11. Follow-up measures should be taken —(a) to ascertain whether placement in a job

or recourse to vocational training or retrainingservices has proved to be satisfactory and toevaluate employment counselling policy andmethods;

( b) to remove as far as possible obstacleswhich would prevent a disabled person fro mbeing satisfactorily settled in work.

IV. Administrative organisation

1 2. Vocational rehabilitation servicesshould be organised and developed as a con-tinuous and co-ordinated programme by thecompetent authority or authorities and, in sofar as practicable, use should be made of exist-ing vocational guidance, vocational trainingand placement services.

13. The competent authority or authoritiesshould ensure that an adequate and suitablyqualified staff is available to deal with thevocational rehabilitation, including follow-up,of disabled persons.

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14. The development of vocational rehabil-itation services should at least keep pace withthe development of the general services forvocational guidance, vocational training andplacement.

1 5. Vocational rehabilitation servicesshould be organised and developed so as toinclude opportunities for disabled persons toprepare for, secure and retain suitable employ-ment on their own account in all fields of work.

1 6. Administrative responsibility for thegeneral organisation and development of voca-tional rehabilitation services should beentrusted —

(a) to one authority, or(b) jointly to the authorities responsible for

the diff e rent activities in the programme withone of these authorities entrusted with primaryresponsibility for co-ordination.

17. (1) The competent authority or author-ities should take all necessary and desirablemeasures to achieve co-operation and co-ordi-nation between the public and private bodiesengaged in vocational rehabilitation activities.

(2) Such measures should include as appro-priate —

( a) determination of the re s p o n s i b i l i t i e sand obligations of public and private bodies;

( b) financial assistance to private bodieseffectively participating in vocational rehabili-tation activities; and

(c) technical advice to private bodies.1 8. ( 1) Vocational rehabilitation services

should be established and developed with theassistance of re p resentative advisory commit-tees, set up at the national level and, whereappropriate, at regional and local levels.

( 2) These committees should, as appro p r i-ate, include members drawn from among —

(a) the authorities and bodies directly con-cerned with vocational rehabilitation;

( b) employers’ and workers’ org a n i s a t i o n s ;( c) persons specially qualified to serve by

reason of their knowledge of, and concernwith, the vocational rehabilitation of the dis-abled; and

(d) organisations of disabled persons.( 3) These committees should be re s p o n s i-

ble for advising —( a) at the national level, on the develop-

ment of policy and programmes for vocationalrehabilitation;

( b) at regional and local levels, on theapplication of measures taken nationally, theiradaptation to regional and local conditionsand the co-ordination of regional and locala c t i v i t i e s .

1 9. ( 1) R e s e a rch should be fostered andencouraged, particularly by the competenta u t h o r i t y, to evaluate and improve vocationalrehabilitation services for the disabled.

( 2) Such re s e a rch should include continu-ous or special studies on the placement of thedisabled.

( 3) R e s e a rch should also include scientificwork on the diff e rent techniques and methodswhich play a part in vocational re h a b i l i t a t i o n .

V. Methods of enabling disabled personsto make use of vocational rehabilitation

services

2 0. M e a s u res should be taken to enabledisabled persons to make full use of all avail-able vocational rehabilitation services and toe n s u re that some authority is made re s p o n s i-ble for assisting personally each disabledperson to achieve maximum vocational re h a-b i l i t a t i o n .

21. Such measures should include —(a) information and publicity on the avail-

ability of vocational rehabilitation services andon the prospects which they offer to the dis-abled;

( b) the provision of appropriate and ade-quate financial assistance to disabled persons.

2 2. ( 1) Such financial assistance should bep rovided at any stage in the vocational re h a-bilitation process and should be designed tofacilitate the preparation for, and the eff e c t i v eretention of, suitable employment includingwork on own account.

( 2) It should include the provision of fre evocational rehabilitation services, maintenanceallowances, any necessary transportationexpenses incurred during any periods of voca-tional preparation for employment, and loansor grants of money or the supply of the neces-sary tools and equipment, and of pr

2 4. Disabled persons living in areas havinglimited prospects of future employment orlimited facilities for preparation for employ-ment should be provided with opportunitiesfor vocational preparation, including pro v i s i o nof board and lodging, and with opportuni t i e sfor transfer, should they so desire, to areas withg reater employment pro s p e c t s .

2 5. Disabled persons (including those inreceipt of disability pensions) should not as aresult of their disability be discriminatedagainst in respect of wages and other condi-tions of employment if their work is equal tothat of non-disabled persons.

VI. Co-operation between the bodiesresponsible for medical treatment and those

responsible for vocational rehabilitation

26. (1) There should be the closest co-oper-ation between, and the maximum co-ord i n a-tion of, the activities of the bodies responsiblefor medical treatment and those responsible forthe vocational rehabilitation of disabled per-sons.

( 2) This co-operation and co-ordination ofactivities should exist —

( a) to ensure that medical treatment and,w h e re necessary, the provision of appro p r i a t eprosthetic apparatus are directed to facilitatingand developing the subsequent employabilityof the disabled persons concerned;

( b) to promote the identification of dis-abled persons in need of, and suitable for, voca-tional rehabilitation;

(c) to enable vocational rehabilitation to becommenced at the earliest and most suitablestage;

( d) to provide medical advice, where nec-essary, at all stages of vocational rehabilitation;

( e) to provide assessment of workingcapacity.

27. Wherever possible, and subject to med-ical advice, vocational rehabilitation shouldstart during medical treatment.

VII. Methods of widening employmentopportunities for disabled persons

2 8. M e a s u res should be taken, in close co-operation with employers’ and workers’organisations, to promote maximum opportu-nities for disabled persons to secure and retainsuitable employment.

29. Such measures should be based on thefollowing principles:

(a) disabled persons should be afforded anequal opportunity with the non-disabled toperform work for which they are qualified;

( b) disabled persons should have fullopportunity to accept suitable work withemployers of their own choice;

(c) emphasis should be placed on the abili-ties and work capacities of disabled personsand not on their disabilities.

30. Such measures should include —( a) re s e a rch designed to analyse and

demonstrate the working capacity of disabledpersons;

( b) w i d e s p read and sustained publicity ofa factual kind with special reference to —

( i) the work performance, output, accidentrate, absenteeism and stability in employmentof disabled persons in comparison with non-disabled persons employed in the same work;

( i i) personnel selection methods based onspecific requirements;

( i i i) methods of improving work condi-tions, including adjustment and modific a t i o nof machinery and equipment, to facilitate theemployment of disabled workers;

( c) the means whereby increased liability ofindividual employers in respect of workmen’scompensation premiums may be eliminated;

(d) the encouraging of employers to trans-fer workers whose working capacity hasu n d e rgone a change as a result of a physicalimpairment to suitable jobs within their under-takings.

3 1. W h e rever appropriate in the nationalc i rcumstances, and consistent with nationalp o l i c y, the employment of disabled personsshould be promoted by means such as —

(a) the engagement by employers of a per-centage of disabled persons under sucharrangements as will avoid the displacement ofnon-disabled workers;

( b) reserving certain designated occupa-tions for disabled persons;

( c) arranging that seriously disabled per-sons are given opportunities for employmentor pre f e rence in certain occupations considere dsuitable for them;

( d) encouraging the creation and facilitat-ing the operation of co-operatives or other sim-ilar enterprises managed by, or on behalf of,disabled persons.

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VIII. Sheltered employment3 2. ( 1) M e a s u res should be taken by the

competent authority or authorities, in co-oper-ation, as appropriate, with private org a n i s a-tions, to organise and develop arrangements fortraining and employment under sheltered con-ditions for those disabled persons who cannotbe made fit for ordinary competitive employ-m e n t .

( 2) Such arrangements should include theestablishment of sheltered workshops and spe-cial measures for those disabled persons who,for physical, psychological or geographical re a-sons, cannot travel regularly to and from work.

3 3. S h e l t e red workshops should pro v i d e ,under effective medical and vocational super-vision, not only useful and remunerative workbut opportunities for vocational adjustmentand advancement with, whenever possible,transfer to open employment.

3 4. Special programmes for the home-bound should be so organised and developedas to provide, under effective medical andvocational supervision, useful and re m u n e r a-tive work in their own homes.

35. Where and to the extent to which statu-tory regulation of wages and conditions ofemployment applying to workers generally i sin operation it should apply to disabled per-sons employed under sheltered conditions.

IX. Special provisions for disabled childrenand young persons

3 6. Vocational rehabilitation services fordisabled children and young persons of schoolage should be organised and developed inclose co-operation between the authoritiesresponsible for education and the authority orauthorities responsible for vocational rehabili-tation.

3 7. Educational programmes should takeinto account the special problems of disabledchildren and young persons and their need ofopportunities, equal to those of non-disabledchildren and young persons, to receive educa-tion and vocational preparation best suited totheir age, abilities, aptitudes and interests.

3 8. The fundamental purposes of voca-tional rehabilitation services for disabled chil-d ren and young persons should be to reduce asmuch as possible the occupational and psycho-logical handicaps imposed by their disabilitiesand to offer them full opportunities of prepar-ing for, and entering, the most suitable occupa-

tions. The utilisation of these opportunitiesshould involve co-operation between medical,social and educational services and the parentsor guardians of the disabled children andyoung persons.

39. (1) The education, vocational guidance,training and placement of disabled childre nand young persons should be developedwithin the general framework of such servicesto non-disabled children and young persons,and should be conducted, wherever possibleand desirable, under the same conditions as,and in company with, non-disabled childre nand young persons.

( 2) Special provision should be made forthose disabled children and young personswhose disabilities prevent their participation insuch services under the same conditions as,and in company with, non-disabled childre nand young persons.

(3) This provision should include, in partic-ular, specialised training of teachers.

4 0. M e a s u res should be taken to ensurethat children and young persons found bym e dical examination to have disabilities orl i mitations or to be generally unfit for employ-ment —

( a) receive, as early as possible, pro p e rmedical treatment for removing or alleviatingtheir disabilities or limitations;

( b) a re encouraged to attend school or areguided towards suitable occupations likely tobe agreeable to them and within their capacityand are provided with opportunities of train-ing for such occupations;

( c) have the advantage of financial aid, ifn e c e s s a r y, during the period of medical tre a t-ment, education and vocational training.

X. Application of the principlesof vocational rehabilitation

4 1. ( 1) Vocational rehabilitation servicesshould be adapted to the particular needs andc i rcumstances of each country and should bedeveloped pro g ressively in the light of theseneeds and circumstances and in accord a n c ewith the principles laid down in this Recom-mendation.

(2) The main objectives of this progressivedevelopment should be —

( a) to demonstrate and develop the work-ing qualities of disabled persons;

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(b) to promote, in the fullest measure pos-sible, suitable employment opportunities forthem;

( c) to overcome, in respect of training oremployment, discrimination against disabledpersons on account of their disability.

4 2. The pro g ressive development of voca-tional rehabilitation services should be pro-moted with the help, where desired, of theInternational Labour Office —

(a) by the provision, wherever possible, oftechnical advisory assistance;

( b) by organising a comprehensive interna-tional exchange of experience acquired in dif-ferent countries; and

(c) by other forms of international co-oper-ation directed towards the organisation anddevelopment of services adapted to the needsand conditions of individual countries andincluding the training of the staff required.

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81

The General Conference of the InternationalLabour Organisation,

Having been convened at Geneva by theGoverning Body of the InternationalLabour Office, and having met in itsSixty-ninth Session on 1 June 1983, and

Noting the existing international standardscontained in the Vocational Rehabilita-tion (Disabled) Recommendation, 1955,and the Human Resources DevelopmentRecommendation, 1975, and

Noting that since the adoption of the Vo c a-tional Rehabilitation (Disabled) Recom-mendation, 1955, significant develop-ments have occurred in the under-standing of rehabilitation needs, thescope and organisation of re h a b i l i t a t i o nservices, and the law and practice ofmany Members on the questions covere dby that Recommendation, and

Considering that the year 1981 wasdeclared by the United Nations GeneralAssembly the International Year of Dis-abled Persons, with the theme “full par-ticipation and equality” and that a com-prehensive World Programme of Actionconcerning Disabled Persons is to pro-vide effective measures at the interna-tional and national levels for the realisa-tion of the goals of “full participation” ofdisabled persons in social life and devel-opment, and of “equality”, and

Considering that these developments havemade it appropriate to adopt new inter-national standards on the subject whichtake account, in particular, of the need toe n s u re equality of opportunity andt reatment to all categories of disabledpersons, in both rural and urban are a s ,for employment and integration into thecommunity, and

Having decided upon the adoption of cer-tain proposals with regard to vocationalrehabilitation which is the fourth itemon the agenda of the session, and

Having determined that these pro p o s a l sshall take the form of an internationalConvention,

adopts this twentieth day of June of the yearone thousand nine hundred and eighty-thre ethe following Convention, which may be citedas the Vocational Rehabilitation and Employ-ment (Disabled Persons) Convention, 1983:

Part I. Definition and scope

Article 11. For the purposes of this Convention, the

term “disabled person” means an individualwhose prospects of securing, retaining andadvancing in suitable employment are sub-stantially reduced as a result of a duly re c o g-nised physical or mental impairment.

2. For the purposes of this Convention, eachMember shall consider the purpose of vocationalrehabilitation as being to enable a disabled per-son to secure, retain and advance in suitableemployment and thereby to further such per-son’s integration or reintegration into society.

3. The provisions of this Convention shallbe applied by each Member through measureswhich are appropriate to national conditionsand consistent with national practice.

4. The provisions of this Convention shallapply to all categories of disabled persons.

Part II. Principles of vocationalrehabilitation and employment policies

for disabled persons

Article 2Each Member shall, in accordance with

national conditions, practice and possibilities,formulate, implement and periodically reviewa national policy on vocational re h a b i l i t a t i o nand employment of disabled persons.

Article 3The said policy shall aim at ensuring that

a p p ropriate vocational rehabilitation measure s

Appendix II

Convention concerning Vocational Rehabilitationand Employment (Disabled Persons),1 1983 (No. 159)

1 Ed.: This Convention came into force on 20 June 1985.

are made available to all categories of disabledpersons, and at promoting employment oppor-tunities for disabled persons in the open labourmarket.

Article 4The said policy shall be based on the prin-

ciple of equal opportunity between disabledworkers and workers generally. Equality ofopportunity and treatment for disabled menand women workers shall be respected. Specialpositive measures aimed at effective equalityof opportunity and treatment between dis-abled workers and other workers shall not bere g a rded as discriminating against otherw o r kers.

Article 5The re p resentative organisations of

employers and workers shall be consulted onthe implementation of the said policy, includ-ing the measures to be taken to promote co-operation and co-ordination between the pub-lic and private bodies engaged in vocationalrehabilitation activities. The re p re s e n t a t i v eorganisations of and for disabled persons shallalso be consulted.

Part III. Action at the national levelfor the development of vocational

rehabilitation and employment servicesfor disabled persons

Article 6Each Member shall, by laws or regulations

or by any other method consistent withnational conditions and practice, take suchsteps as may be necessary to give effect toArticles 2, 3, 4 and 5 of this Convention.

Article 7The competent authorities shall take mea-

sures with a view to providing and evaluatingvocational guidance, vocational training,placement, employment and other related ser-vices to enable disabled persons to secure ,retain and advance in employment; existingservices for workers generally shall, whereverpossible and appropriate, be used with neces-sary adaptations.

Article 8M e a s u res shall be taken to promote the

establishment and development of vocational

rehabilitation and employment services fordisabled persons in rural areas and re m o t ecommunities.

Article 9Each Member shall aim at ensuring the

training and availability of rehabilitation coun-sellors and other suitably qualified staffresponsible for the vocational guidance, voca-tional training, placement and employment ofdisabled persons.

Part IV. Final provisions

Article 10The formal ratifications of this Convention

shall be communicated to the Director-Generalof the International Labour Office for registra-tion.

Article 111. This Convention shall be binding only

upon those Members of the InternationalLabour Organisation whose ratifications havebeen registered with the Director-General.

2. It shall come into force twelve monthsafter the date on which the ratifications of twoMembers have been registered with the Direc-tor-General.

3. T h e re a f t e r, this Convention shall comeinto force for any Member twelve months afterthe date on which its ratification has been reg-istered.

Article 121. A Member which has ratified this Con-

vention may denounce it after the expiration often years from the date on which the Conven-tion first comes into force, by an act communi-cated to the Dire c t o r-General of the Interna-tional Labour Office for registration. Suchdenunciation shall not take effect until one yearafter the date on which it is registered.

2. Each Member which has ratified thisConvention and which does not, within theyear following the expiration of the period often years mentioned in the preceding para-graph, exercise the right of denunciation pro-vided for in this Article, will be bound foranother period of ten years and, there a f t e r,may denounce this Convention at the expira-tion of each period of ten years under the termsprovided for in this Article.

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Article 131. The Dire c t o r-General of the International

Labour Office shall notify all Members of theInternational Labour Organisation of the regis-tration of all ratifications and denunciationscommunicated to him by the Members of theOrganisation.

2. When notifying the Members of theO rganisation of the registration of the secondr a t i fication communicated to him, the Dire c t o r-General shall draw the attention of the Mem-bers of the Organisation to the date uponwhich the Convention will come into force.

Article 14The Dire c t o r-General of the International

Labour Office shall communicate to the Secre-tary-General of the United Nations for re g i s-tration in accordance with Article 102 of theCharter of the United Nations full particularsof all ratifications and acts of denunciation reg-i s t e red by him in accordance with the pro v i-sions of the preceding Articles.

Article 15At such times as it may consider necessary

the Governing Body of the InternationalLabour Office shall present to the General

C o n f e rence a report on the working of thisConvention and shall examine the desirabilityof placing on the agenda of the Conference thequestion of its revision in whole or in part.

Article 161. Should the Conference adopt a new

Convention revising this Convention in wholeor in part, then, unless the new Conventionotherwise provides —

(a) the ratification by a Member of the newrevising Convention shall ipso jure involve theimmediate denunciation of this Convention,notwithstanding the provisions of Article 12above, if and when the new revising Conven-tion shall have come into force;

(b) as from the date when the new revisingConvention comes into force this Conventionshall cease to be open to ratification by theMembers.

2. This Convention shall in any case re m a i nin force in its actual form and content for thoseMembers which have ratified it but have notratified the revising Convention.

Article 17The English and French versions of the text

of this Convention are equally authoritative.

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The General Conference of the InternationalLabour Organisation,

Having been convened at Geneva by theGoverning Body of the InternationalLabour Office and having met in itsSixty-ninth Session on 1 June 1983, and

Noting the existing international standardscontained in the Vocational Rehabilita-tion (Disabled) Recommendation, 1955,and

Noting that since the adoption of the Voca-tional Rehabilitation (Disabled) Recom-mendation, 1955, significant develop-ments have occurred in the understand-ing of rehabilitation needs, the scopeand organisation of rehabilitation ser-vices, and the law and practice of manyMembers on the questions covered bythat Recommendation, and

Considering that the year 1981 was declare dby the United Nations General A s s e m b l ythe International Year of Disabled Per-sons, with the theme “full participationand equality” and that a compre h e n s i v eWorld Programme of Action concerningDisabled Persons is to provide eff e c t i v em e a s u res at the international andnational levels for the realisation of thegoals of “full participation” of disabledpersons in social life and development,and of “equality”, and

Considering that these developments havemade it appropriate to adopt new inter-national standards on the subject whichtake account, in particular, of the need toe n s u re equality of opportunity andt reatment to all categories of disabledpersons, in both rural and urban are a s ,for employment and integration into thecommunity, and

Having decided upon the adoption of cer-tain proposals with regard to vocationalrehabilitation which is the fourth itemon the agenda of the session, and

Having determined that these pro p o s a l sshall take the form of a Recommenda-tion supplementing the Vo c a t i o n a l

Rehabilitation and Employment (Dis-abled Persons) Convention, 1983, andthe Vocational Rehabilitation (Disabled)Recommendation, 1955,

adopts this twentieth day of June of the yearone thousand nine hundred and eighty-thre ethe following Recommendation, which may becited as the Vocational Rehabilitation andEmployment (Disabled Persons) Recommen-dation, 1983:

I. Definitions and scope

1. In applying this Recommendation, aswell as the Vocational Rehabilitation (Disabled)Recommendation, 1955, Members should con-sider the term “disabled person” as meaning anindividual whose prospects of securing, re t a i n-ing and advancing in suitable employment aresubstantially reduced as a result of a dulyrecognised physical or mental impairment.

2. In applying this Recommendation, as wellas the Vocational Rehabilitation (Disabled) Rec-ommendation, 1955, Members should considerthe purpose of vocational rehabilitation, asd e fined in the latter Recommendation, as beingto enable a disabled person to secure, retain andadvance in suitable employment and thereby tofurther such person’s integration or re i n t e g r a t i o ninto society.

3. The provisions of this Recommendationshould be applied by Members through mea-sures which are appropriate to national condi-tions and consistent with national practice.

4. Vocational rehabilitation measure sshould be made available to all categories ofdisabled persons.

5. In planning and providing services forthe vocational rehabilitation and employmentof disabled persons, existing vocational guid-ance, vocational training, placement, employ-ment and related services for workers gener-ally should, wherever possible, be used withany necessary adaptations.

6. Vocational rehabilitation should bestarted as early as possible. For this purpose,

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Appendix III

Recommendation concerning Vocational Rehabilitationand Employment (Disabled Persons), 1983 (No.168)

85

h e a l t h - c a re systems and other bodies re s p o n s i-ble for medical and social rehabilitation shouldco-operate regularly with those responsible forvocational re h a b i l i t a t i o n .

II. Vocational rehabilitationand employment opportunities

7. Disabled persons should enjoy equality ofopportunity and treatment in respect of accessto, retention of and advancement in employ-ment which, wherever possible, corresponds totheir own choice and takes account of their indi-vidual suitability for such employment.

8. In providing vocational re h a b i l i t a t i o nand employment assistance to disabled per-sons, the principle of equality of opportunityand treatment for men and women workersshould be respected.

9. Special positive measures aimed at eff e c-tive equality of opportunity and tre a t m e n tbetween disabled workers and other workersshould not be re g a rded as discriminatingagainst other workers.

1 0. M e a s u res should be taken to pro m o t eemployment opportunities for disabled per-sons which conform to the employment andsalary standards applicable to workers gener-ally.

11. Such measures, in addition to thoseenumerated in Part VII of the Vocational Reha-bilitation (Disabled) Recommendation, 1955,should include:

( a) a p p ropriate measures to create jobopportunities on the open labour market,including financial incentives to employers toencourage them to provide training and subse-quent employment for disabled persons, aswell as to make reasonable adaptations toworkplaces, job design, tools, machinery andwork organisation to facilitate such trainingand employment;

( b) a p p ropriate government support forthe establishment of various types of shelteredemployment for disabled persons for whomaccess to open employment is not practicable;

( c) encouragement of co-operation betweens h e l t e red and production workshops on org a n-isation and management questions so as toi m p rove the employment situation of their dis-abled workers and, wherever possible, to helpp re p a re them for employment under normalc o n d i t i o n s ;

( d) a p p ropriate government support tovocational training, vocational guidance, shel-

t e red employment and placement services fordisabled persons run by non-governmentalorganisations;

( e) encouragement of the establishmentand development of co-operatives by and fordisabled persons and, if appropriate, open toworkers generally;

( f) a p p ropriate government support for theestablishment and development of small-scalei n d u s t r y, co-operative and other types of pro-duction workshops by and for disabled per-sons (and, if appropriate, open to workers gen-erally), provided such workshops meet defin e dminimum standards;

( g) elimination, by stages if necessary, ofphysical, communication and architectural bar-riers and obstacles affecting transport andaccess to and free movement in premises for thetraining and employment of disabled persons;a p p ropriate standards should be taken intoaccount for new public buildings and facilities;

( h) w h e rever possible and appro p r i a t e ,facilitation of adequate means of transport toand from the places of rehabilitation and workaccording to the needs of disabled persons;

( i) encouragement of the dissemination ofinformation on examples of actual and suc-cessful instances of the integration of disabledpersons in employment;

( j) exemption from the levy of internal taxesor other internal charges of any kind, imposedat the time of importation or subsequently ons p e c i fied articles, training materials and equip-ment re q u i red for rehabilitation centres, work-shops, employers and disabled persons, and ons p e c i fied aids and devices re q u i red to assist dis-abled persons in securing and retaining employ-m e n t ;

( k) p rovision of part-time employment andother job arrangements, in accordance with thecapabilities of the individual disabled personfor whom full-time employment is not imme-diately, and may not ever be, practicable;

( l) re s e a rch and the possible application ofits results to various types of disability in ord e rto further the participation of disabled personsin ordinary working life;

( m) a p p ropriate government support toeliminate the potential for exploitation withinthe framework of vocational training and shel-t e red employment and to facilitate transition tothe open labour market.

1 2. In devising programmes for the inte-gration or reintegration of disabled personsinto working life and society, all forms of train-

ing should be taken into consideration; theseshould include, where necessary and appro-priate, vocational preparation and training,modular training, training in activities of dailyliving, in literacy and in other areas relevant tovocational rehabilitation.

1 3. To ensure the integration or re i n t e g r a-tion of disabled persons into ordinary workinglife, and thereby into society, the need for spe-cial support measures should also be taken intoconsideration, including the provision of aids,devices and ongoing personal services toenable disabled persons to secure, retain andadvance in suitable employment.

1 4. Vocational rehabilitation measures fordisabled persons should be followed up in ord e rto assess the results of these measure s .

III. Community participation

1 5. Vocational rehabilitation services inboth urban and rural areas and in remote com-munities should be organised and operatedwith the fullest possible community participa-tion, in particular with that of the re p re s e n t a-tives of employers’, workers’ and disabled per-sons’ organisations.

16. Community participation in the organ-isation of vocational rehabilitation services fordisabled persons should be facilitated by care-fully planned public information measure swith the aims of:

(a) informing disabled persons, and if nec-essary their families, about their rights andopportunities in the employment field; and

( b) o v e rcoming prejudice, misinformationand attitudes unfavourable to the employmentof disabled persons and their integration orreintegration into society.

1 7. Community leaders and groups, includ-ing disabled persons themselves and theiro rganisations, should co-operate with health,social welfare, education, labour and other re l-evant government authorities in identifying theneeds of disabled persons in the communityand in ensuring that, wherever possible, dis-abled persons are included in activities and ser-vices available generally.

1 8. Vocational rehabilitation and employ-ment services for disabled persons should beintegrated into the mainstream of communitydevelopment and where appropriate re c e i v efinancial, material and technical support.

1 9. O fficial recognition should be given tovoluntary organisations which have a particu -

larly good re c o rd of providing vocational re h a-bilitation services and enabling disabled per-sons to be integrated or reintegrated into theworklife of the community.

IV. Vocational rehabilitationin rural areas

2 0. Particular efforts should be made toe n s u re that vocational rehabilitation servicesa re provided for disabled persons in rural are a sand in remote communities at the same leveland on the same terms as those provided forurban areas. The development of such servicesshould be an integral part of general ru r a ldevelopment policies.

21. To this end, measures should be taken,where appropriate, to:

( a) designate existing rural vocationalrehabilitation services or, if these do not exist,vocational rehabilitation services in urbanareas as focal points to train rehabilitation stafffor rural areas;

( b) establish mobile vocational re h a b i l i t a-tion units to serve disabled persons in ru r a la reas and to act as centres for the disseminationof information on rural training and employ-ment opportunities for disabled persons;

( c) train rural development and commu-nity development workers in vocational re h a-bilitation techniques;

( d) p rovide loans, grants or tools and mate-rials to help disabled persons in rural commu-nities to establish and manage co-operatives orto work on their own account in cottage indus-try or in agricultural, craft or other activities;

( e) incorporate assistance to disabled per-sons into existing or planned general ru r a ldevelopment activities;

( f) facilitate disabled persons’ access tohousing within reasonable reach of the work-place.

V. Training of staff

2 2. In addition to professionally trainedrehabilitation counsellors and specialists, allother persons who are involved in the voca-tional rehabilitation of disabled persons andthe development of employment opportunitiesshould be given training or orientation in reha-bilitation issues.

2 3. Persons engaged in vocational guid-ance, vocational training and placement ofworkers generally should have an adequate

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knowledge of disabilities and their limitinge ffects, as well as a knowledge of the supportservices available to facilitate a disabled per-son’s integration into active economic andsocial life. Opportunities should be pro v i d e dfor such persons to update their knowledgeand extend their experience in these fie l d s .

2 4. The training, qualifications and re m u-neration of staff engaged in the vocationalrehabilitation and training of disabled personsshould be comparable to those of personsengaged in general vocational training whohave similar duties and responsibilities; care e ropportunities should be comparable for bothg roups of specialists and transfers of staffbetween vocational rehabilitation and generalvocational training should be encouraged.

2 5. S t a ff of vocational rehabilitation, shel-t e red and production workshops shouldreceive, as part of their general training and asa p p ropriate, training in workshop manage-ment as well as in production and marketingtechniques.

2 6. W h e rever sufficient numbers of fullytrained rehabilitation staff are not available,m e a s u res should be considered for re c ru i t i n gand training vocational rehabilitation aidesand auxiliaries. The use of such aides and aux-iliaries should not be resorted to as a perma-nent substitute for fully trained staff. Where v e rpossible, provision should be made for furthertraining of such personnel in order to integratethem fully into the trained staff.

2 7. W h e re appropriate, the establishmentof regional and subregional vocational rehabil-itation staff training centres should be encour-aged.

2 8. S t a ff engaged in vocational guidance,vocational training, placement and employ-ment support of disabled persons should havea p p ropriate training and experience to re c o g-nise the motivational problems and difficultiesthat disabled persons may experience and,within their competence, deal with the re s u l t-ing needs.

2 9. W h e re appropriate, measures shouldbe taken to encourage disabled persons tou n d e rgo training as vocational re h a b i l i t a t i o npersonnel and to facilitate their entry intoemployment in the rehabilitation field.

3 0. Disabled persons and their org a n i s a-tions should be consulted in the development,p rovision and evaluation of training pro-grammes for vocational rehabilitation staff.

VI. The contribution of employers’and workers’organisations to the develop-ment of vocational rehabilitation services

31. Employers’ and workers’ organisationsshould adopt a policy for the pro m o t i o no f training and suitable employment of dis-abled persons on an equal footing with otherworkers.

32 Employers’ and workers’ organisations,together with disabled persons and theiro rganisations, should be able to contribute tothe formulation of policies concerning theo rganisation and development of vocationalrehabilitation services, as well as to carry outre s e a rch and propose legislation in this fie l d .

3 3. W h e rever possible and appro p r i a t e ,re p resentatives of employers’, workers’ anddisabled persons’ organisations should beincluded in the membership of the boards andcommittees of vocational rehabilitation andtraining centres used by disabled persons,which make decisions on policy and technicalmatters, with a view to ensuring that the voca-tional rehabilitation programmes corre s p o n dto the re q u i rements of the various economicsectors.

3 4. W h e rever possible and appro p r i a t e ,employers and workers’ representatives in theundertaking should co-operate with appropri-ate specialists in considering the possibilitiesfor vocational rehabilitation and job re a l l o c a-tion of disabled persons employed by thatundertaking and for giving employment toother disabled persons.

3 5. W h e rever possible and appro p r i a t e ,undertakings should be encouraged to estab-lish or maintain their own vocational rehabili-tation services, including various types of shel-t e red employment, in close co-operation withcommunity-based and other rehabilitation ser-vices.

3 6. W h e rever possible and appro p r i a t e ,employers’ organisations should take steps to:

( a) advise their members on vocationalrehabilitation services which could be madeavailable to disabled workers;

( b) co-operate with bodies and institutionswhich promote the reintegration of disabledpersons into active working life by pro v i d i n g ,for instance, information on working condi-tions and job re q u i rements which disabledpersons have to meet;

( c) advise their members on adjustmentswhich could be made for disabled workers to

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the essential duties or requirements of suitablejobs;

( d) advise their members to consider theimpact that re o rganising production methodsmight have, so that disabled persons are notinadvertently displaced.

3 7. W h e rever possible and appro p r i a t e ,workers’ organisations should take steps to:

( a) p romote the participation of disabledworkers in discussions at the shop-floor leveland in works councils or any other body repre-senting the workers;

( b) p ropose guidelines for the vocationalrehabilitation and protection of workers whobecome disabled through sickness or accident,whether work-related or not, and have suchguidelines included in collective agre e m e n t s ,regulations, arbitration awards or other appro-priate instruments;

( c) o ffer advice on shop-floor arrangementsa ffecting disabled workers, including job adap-tion, special work organisation, trial trainingand employment and the fixing of work norms;

( d) raise the problems of vocational re h a-bilitation and employment of disabled personsat trade union meetings and inform theirmembers, through publications and seminars,of the problems of and possibilities for thevocational rehabilitation and employment ofdisabled persons.

VII. The contribution of disabled personsand their organisations to the development

of vocational rehabilitation services

3 8. In addition to the participation of dis-abled persons, their re p resentatives and org a n-isations in rehabilitation activities re f e r red to inParagraphs 15, 17, 30, 32 and 33 of this Recom-mendation, measures to involve disabled per-sons and their organisations in the develop-ment of vocational rehabilitation servicesshould include:

( a) encouragement of disabled persons andtheir organisations to participate in the devel-opment of community activities aimed at voca-tional rehabilitation of disabled persons so asto further their employment and their integra-tion or reintegration into society;

( b) a p p ropriate government support top romote the development of organisations ofand for disabled persons and their involve-

ment in vocational rehabilitation and employ-ment services, including support for the provi-sion of training programmes in self-advocacyfor disabled persons;

( c) a p p ropriate government support tothese organisations to undertake public educa-tion programmes which project a positiveimage of the abilities of disabled persons.

VIII. Vocational rehabilitationunder social security schemes

3 9. In applying the provisions of this Rec-ommendation, Members should also be guidedby the provisions of Article 35 of the SocialSecurity (Minimum Standards) Convention,1952, of Article 26 of the Employment InjuryBenefits Convention, 1964, and of Article 13 ofthe Invalidity, Old-Age and Survivors’ Benefit sConvention, 1967, in so far as they are notbound by obligations arising out of ratificationof these instruments.

4 0. W h e rever possible and appro p r i a t e ,social security schemes should provide, or con-tribute to the organisation, development andfinancing of training, placement and employ-ment (including sheltered employment) pro-grammes and vocational rehabilitation servicesfor disabled persons, including re h a b i l i t a t i o ncounselling.

4 1. These schemes should also pro v i d eincentives to disabled persons to seek employ-ment and measures to facilitate a gradual tran-sition into the open labour market.

IX. Co-ordination

42. Measures should be taken to ensure, asfar as practicable, that policies and pro-grammes concerning vocational re h a b i l i t a t i o na re co-ordinated with policies and pro-grammes of social and economic development(including scientific re s e a rch and advancedtechnology) affecting labour administration,general employment policy and pro m o t i o n ,vocational training, social integration, socials e c u r i t y, cooperatives, rural development,small-scale industry and crafts, safety andhealth at work, adaptation of methodsa n d o rganisation of work to the needs of theindividual and the improvement of workingconditions.

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B. Enhancing social protection,reducing vulnerability and enhanc-ing employment opportunities forgroups with specific needs

3 8. Policies that address vulnerability mustbe based on a proper understanding of the riskof poverty and social exclusion. Their aimshould not be limited to providing social pro-tection but should enable people to move outof poverty.

3 9. Social development policies and pro-grammes must create an enabling enviro n m e n tfor vulnerable, disadvantaged and marg i n a l-ized groups, especially the poor, by incorpo-rating their needs and interests, ensuring equalaccess and opportunities, and enable them toplay a useful role in society, thereby contribut-ing to the national development process.

40. The experiences of poor and marginal-ized people drawn through participatory tech-niques should serve as an input to improve thee ffectiveness of policies and pro g r a m m e saddressing the interest of these groups.

4 1. Enhancing social protection re q u i re sfood security, adequate primary health care ,access to clean water, sanitation and shelter,education, access to re s o u rces such as land,c redit facilities and opportunities for involve-ment, particularly for vulnerable, disadvan-taged and marginalized groups, in communitylife.

42. Where formal social protection systemsexist or are possible, these should play animportant role in countering vulnerability andp romoting employability. They should beextended, strengthened and targeted to theextent necessary to meet adequately the needsof vulnerable, disadvantaged and marg i n a l-ized groups. Where necessary, they should bemodernized and reformed to meet changingconditions. All Governments should, withintheir capacity and capability, establish or

s t rengthen social safety nets for those in needof support and care.

4 3. Solidarity-based social pro t e c t i o narrangements play an important role in coun-tering vulnerability and promoting employa-bility. They should be encouraged by Govern-ments. Social safety nets for all people are anessential component of solidarity-based socialprotection arrangements.

4 4. It is important to continue to establishand strengthen partnerships to enable civilsociety and the private sector to cooperate withGovernments on policies and programmes toreduce vulnerability.

4 5. Policies to reduce vulnerability shouldaim to strengthen networks and organizationsin the community, including the family, recog-nizing the essential support that they can pro-vide.

4 6. The international community shouldassist developing countries, upon request, inbuilding their capacity to develop and imple-ment policies and programmes aimed atremoving the obstacles confronting all vulner-able and marginalized groups and facilitatingtheir greater access to society in all of itsaspects.

4 7. Strategies and policies to address vul-nerability should lead to the implementation ofprogrammes that take into account the partic-ular conditions of vulnerability in rural andurban areas.

48. Efforts at raising public awareness andsensitizing the public towards improved accessand participation of vulnerable persons andg roups should be initiated or stre n g t h e n e d ,with the aim of building more cohesivesocieties.

4 9. Expansion of productive employmentis an essential means to eradicate povertywhich is one of the major causes of social exclu-sion in all countries. Strategies should bedeveloped, taking into account the specialneeds and skills of various groups, to expand

Appendix IV

Resolution (36/1) of the United Nations Commission for Social Development:Promoting social integration and participation of all people,including disadvantaged and vulnerable groups and persons

opportunities for productive employment andsmall income-generating schemes.

5 0. The effectiveness and relevance ofm i c ro c redit programmes as a viable tool forpoverty eradication, generation of pro d u c t i v eemployment and sustainable livelihoods andempowerment of women and other marginal-ized groups are well recognized. Micro c re d i tp rogrammes should there f o re be pro m o t e dactively at the national level for the empower-ment of the poor and marginalized groups andfor their integration in the mainstream eco-nomic and political process of society. In thiscontext, the support of the international com-munity is essential.

51. Governments should take measures, incollaboration, when appropriate, with employ-ers and trade unions, to eliminate discrimina-tion in employment against vulnerable, disad-vantaged and marginalized groups andpersons. Policies must address the specialneeds of groups that are the most vulnerable inthe labour market, and promote opportunitiesto develop and gain new skills. Labour policiesneed to be particularly sensitive to their needs,including provision for equal re m u n e r a t i o n ,flexible working hours, adequate protection ofpart-time workers and access to informationand training, and involvement in trade unions.

5 2. In countries where unemploymentamong young people is high, redoubled effortsa re re q u i red to expand meaningful employ-ment opportunities for them.

5 3. Attention should be given to re c o n c i l-ing professional activity and family re s p o n s i-bilities, for both men and women, inter alia,t h rough aff o rdable childcare, family supportand appropriate flexible working arrange-ments.

54. Recognition needs to be formally givento unpaid work that is socially useful and tovoluntary activities so as to raise awareness ofthe importance of these activities, in particularin the context of reducing vulnerability anddealing with its consequences. Work on appro-priate methodologies to this end needs to bestrengthened.

5 5. In countries where the informal sectorin the economy is important, measures thatp romote an environment conducive for itsa p p ropriate development are critical. Theestablishment of self-generating employment,self-help schemes and productive and sustain-able livelihoods, and the development ofcooperatives and small-sized enterprises and

access to micro c redit, particularly to impro v eaccess of the vulnerable, disadvantaged andm a rginalized groups in order to make themm o re self-sufficient, should be encouraged andp ro m o t e d .

5 6. The elimination of child labour shouldbe achieved as part of a larger programme inwhich society provides alternative assistanceor economic opportunity; ILO, in close coop-eration with the United Nations Childre n ’ sFund (UNICEF) and other United Nationso rganizations, supports national efforts toeliminate child labour. Continued financialsupport from the donor community for theILO International Programme on the Elimina-tion of Child Labour (IPEC) is particularlyimportant; ILO should pursue its normativework on child labour by promoting the ratifi-cation and implementation of its ConventionNo. 138 concerning Minimum Age for A d m i s-sion to Employment (Minimum Age Conven-tion, 1973); Governments should support ILOwork on the drafting of a new ILO Conventionon the elimination of the most intolerableforms of child labour.

57. Early childhood education, both formaland informal, is a tool for reducing vulnerabil-ity and promoting social integration by pro-viding all children with the basic skills that willgive them a firm foundation for further learn-ing. Provision of nutritional supplements,immunization and primary health care to allc h i l d ren, at both pre-school and primaryschool levels, is necessary for giving them abetter start in life.

5 8. Particular attention needs to be givento the acquisition by all of the basic skills of lit-e r a c y, verbal ability and numeracy and toequipping all people to adapt to technological,economic and social changes. Their accesst o lifelong learning is important with re s p e c tto maintaining and upgrading their employa-b i l i t y.

59. General education at all levels, startingf rom pre-school education, should contributeto mutual understanding, tolerance and skillsof intercultural communication.

6 0. Equal educational opportunities at alllevels for persons with disabilities should beensured.

6 1. Government at all levels should takea p p ropriate actions to reduce the dro p - o u trates from school, using a holistic gender-sen-sitive approach to causes and solutions.

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6 2. Cultural activities, sports and commu-nity service are among the activities that inte-grate all people into society and should there-fore be encouraged and promoted.

6 3. The regional commissions are invited,within their mandates, to further study issues

relating to vulnerability, including its relation-ship to discrimination against vulnerable, dis-advantaged and marginalized groups.

…

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Rule 7. EmploymentStates should recognize the principle that

persons with disabilities must be empowere dto exercise their human rights, particularly inthe field of employment. In both rural andurban areas they must have equal opportuni-ties for productive and gainful employment inthe labour market.

1. Laws and regulations in the employ-ment field must not discriminate against per-sons with disabilities and must not raise obsta-cles to their employment.

2. States should actively support the inte-gration of persons with disabilities into openemployment. This active support could occurt h rough a variety of measures, such as voca-tional training, incentive-oriented quotaschemes, reserved or designated employment,loans or grants for small business, exclusivecontracts or priority production rights, tax con-cessions, contract compliance or other techni-cal or financial assistance to enterprisesemploying workers with disabilities. Statesshould also encourage employers to make rea-sonable adjustments to accommodate personswith disabilities.

3. States’ action programmes shouldinclude:

( a) m e a s u res to design and adapt work-places and work premises in such a way thatthey become accessible to persons with differ-ent disabilities;

( b) support for the use of new technologiesand the development and production of assis-tive devices, tools and equipment and mea-s u res to facilitate access to such devices andequipment for persons with disabilities toenable them to gain and maintain employment;

( c) p rovision of appropriate training andplacement and ongoing support such as p e r-sonal assistance and interpreter services.

4. States should initiate and support publica w a reness-raising campaigns designed too v e rcome negative attitudes and pre j u d i c e sconcerning workers with disabilities.

5. In their capacity as employers, Statesshould create favourable conditions for theemployment of persons with disabilities in thepublic sector.

6. States, workers’ organizations andemployers should cooperate to ensure equi-table re c ruitment and promotion policies,employment conditions, rates of pay, measure sto improve the work environment in order top revent injuries and impairments and mea-s u res for the rehabilitation of employeesw h o have sustained employment-re l a t e dinjuries.

7. The aim should always be for personswith disabilities to obtain employment in theopen labour market. For persons with disabili-ties whose needs cannot be met in openemployment, small units of sheltered or sup-ported employment may be an alternative. It isimportant that the quality of such pro g r a m m e sbe assessed in terms of their relevance and suf-ficiency in providing opportunities for personswith disabilities to gain employment in thelabour market.

8. M e a s u res should be taken to includepersons with disabilities in training andemployment programmes in the private andinformal sectors.

9. States, workers’ organizations andemployers should cooperate with org a n i z a-tions of persons with disabilities concerning allm e a s u res to create training and employmentopportunities, including flexible hours, part-time work, job-sharing, self-employment andattendant care for persons with disabilities.

Appendix V

United Nations: Standard Rules on the Equalizationof Opportunities for Persons with Disabilities

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States Ratificationregistered

Argentina 13.04.1987Australia 07.08.1990Azerbaijan 19.05.1992Bolivia 19.12.1996Bosnia and Herzegovina 02.06.1993Brazil 18.05.1990Burkina Faso 26.05.1989Chile 14.10.1994China 02.02.1988Colombia 07.12.1989Costa Rica 23.07.1991Croatia 08.10.1991Cuba 03.10.1996Cyprus 13.04.1987Czech Republic 01.01.1993Denmark 01.04.1985Dominican Republic 20.06.1994Ecuador 20.05.1988Egypt 03.08.1988El Salvador 19.12.1986Ethiopia 28.01.1991Finland 24.04.1985France 16.03.1989Germany 14.11.1989Greece 31.07.1985Guatemala 05.04.1994Guinea 16.10.1995Hungary 20.06.1984Iceland 22.06.1990Ireland 06.06.1986Japan 12.06.1992Kuwait 26.06.1998Kyrgyzstan 31.03.1992

States Ratificationregistered

Lithuania 26.09.1994Madagascar 03.06.1998Malawi 01.10.1986Mali 12.06.1995Malta 09.06.1988Mongolia 03.02.1998Netherlands 15.02.1988Norway 13.08.1984Pakistan 25.10.1994Panama 28.01.1994Paraguay 02.05.1991Peru 16.06.1986Philippines 23.08.1991Russian Federation 03.06.1988San Marino 23.05.1985Sao Tome and Principe 17.06.1992Slovakia 01.01.1993Slovenia 29.05.1992Spain 02.08.1990Sweden 12.06.1984Switzerland 20.06.1985Tajikistan 26.11.1993The former Yugoslav Republic

of Macedonia 17.11.1991Tunisia 05.09.1989Uganda 27.03.1990Uruguay 13.01.1988Yemen 18.11.1991Yugoslavia 15.12.1987Zambia 05.01.1989Zimbabwe 27.08.1998

Total of ratifications: 63

Appendix VI

Ratifications of the Vocational Rehabilitation and Employment(Disabled Persons) Convention, 1983 (No. 159)

As of August 27, 1998

Date of entry into force: 20.06.1985