Trade Unions and Workers with Disabilities: Promoting Decent Work, Combating Discrimination

Trade unions and workers with disabilities: Promoting decent work, combating discrimination

Labour Education 2004/4 No. 137

Contents

Editorial V Employment and training opportunities for people with disabilities: The ILO’s role, by Barbara Murray 1 Disability – the human cost of discrimination, by Luc Demaret 11 Women with disabilities – dual discrimination, by Natacha David 17 Unions and disability – doing MORE, by Ian Graham 23 France improves protection for people with disabilities, by Philippe Réau 29 Inclusive workplaces – Norway’s tripartite agreement, by Lene Olsen 33 Vocational training for disabled people in Ukraine, by Samuel Grumiau 37

III

Editorial

lthough much has been done by the ILO to protect and promote the Ahuman rights of people with disabilities and to fi ght with them for equal opportunity and equal treatment in society and at the workplace, much more needs to be done. The International Labour Offi ce has, since its very inception in 1919, considered that disabled people have equal rights to decent and productive work in conditions of freedom, equity, security and human dignity, and has worked to promote these rights through its international labour standards, its research and publications, and its advocacy and technical cooperation activities. Trade unions have also been strong advocates of the integration of those people with “different capacities” at the workplace and in society. Many disabled people who can work and wish to work are unable to do so, for reasons linked to the physical and social environment, and the mistaken assumptions made about their work capacity. Both the ILO and its constituents should and could do better. And it would be wrong to take improvements achieved so far for granted. Fierce competition in global markets may have a negative impact on the performance of companies in integrating workers with disabilities. That should not be the case, and will require special efforts at the workplace. Governments’ and societies’ legitimate concerns over the sustainability of social protection systems, including long fought-for provisions to support people with disabilities, may also lead to wrong solutions for real problems. That should not be the case either. Vision, sensitivity and knowledge are required if real progress is to be made. In fact, the fi ght for integration, dignity and equal treatment for the disabled will have to be waged on many fronts in the future. There will be no place for complacency. As ILO expert Barbara Murray put it in her contribution to this issue of Labour Education (see page 1), “Most disabled people continue to occupy marginalized positions in their societies, deprived of the rights to education, training and employment enjoyed by their non-disabled fellow-citizens and frequently living in poverty.” Studies quoted in several articles do away with myths and false concepts that have for too long been obstacles to real integration. Myth 1: Disabled people are incapacitated. As Ian Graham notes (see page 23), “A blind man is not deaf. A dyslexic woman may be highly skilled” and, says the International Confederation of Free Trade Un- ions (ICFTU), “nobody is perfect”. In fact, as stressed by Luc Demaret (page 11) “out of the 610 million persons with disabilities, half belong to the working-age population. Many of them want a job”. In Europe alone, the number of disabled persons actively looking for a job is estimated at 3.5 million. The number of jobseekers with disabilities is increasing faster than that of jobseekers in the rest of the working population. The truth is that discrimination makes a person with disability twice less likely to fi nd a job for reasons that have little to do with capacities.

V Myth 2: Disabled people are a burden for the social protection system. This is obviously linked to Myth 1. If only a portion of those disabled jobseekers were given employment – that is, decent work – governments will no longer have to worry and will not have to think, as some unfortunately do, about cutting legitimate entitlements to those who require special care. Myth 3: Adapting the workplace to people with disabilities is costly. Wrong in most cases. The message from employers who have gone through the exercise is nearly unanimous: “it takes so little in terms of costs to accommodate disabled persons”. In addition, in some countries efforts by employers are supported by the State and ﬁ nancial incentives are provided for adapting the workplace. Myth 4: Disabled workers are less productive. Wrong too. As one expert quoted in this publication reports, “workers with disabilities are generally conscientious and have higher job retention rates and lower absenteeism than other workers”.

Getting rid of myths, and facing true facts is important. One of those facts is that many workers with disabilities who have employment are facing poor conditions, lower wages and, all too often, abusive labour practices. By one estimate in Australia, salaries for male disabled persons are 17 per cent lower than that of other workers. For women, the difference can reach 24 per cent. For Marc Blondel, Deputy Member of the ILO Governing Body, “the struggle of disabled workers is the struggle of all workers. It is not about being good or compassionate. It is a fi ght for dignity for all workers”. This is reason enough for the labour movement to commit itself to the campaign for equal treatment and opportunities for disabled workers. There are others. Taking up the case of disabled workers strengthens the position of the trade union as a whole: when groups of people are allowed to be kept out of work, this weakens the bargaining power of unions to advance the interests of their members and weaken the protection afforded working people generally. Changing how work is done to accommodate people with disabilities has the potential for improving work for all, reducing hazards and risk of injury. All workers are vulnerable to discrimination and arbitrary treatment unless they stand together. One of the advantages for workers organized into free and strong trade unions is that they are protected unless there is proof of incompetence or bad conduct. Other workers may have to prove that they are not guilty or fi ght assumptions of their limitations. Similarly, conditions that are of importance for all workers in the general economy may have a disproportionately unfavourable or favourable effect on disabled workers. In a thriving, full employment economy, no sensible employer can afford to waste the skills of anybody. It can be the difference between success and failure. By contrast, when high levels of unemployment exist, normal efforts to ensure fair treatment for the disabled may seem to be extraordinary efforts given the fact that so many other workers are available. Acting decisively to defend and promote the rights of disabled workers will defi nitely win trade unions new members – not only disabled

VI workers, but all those who see human rights and workers’ rights as important values in the quest for social justice. ILO standards are key instruments enabling trade unions to lead off the campaign. The Vocational Rehabilitation and Employment (Disabled persons) Convention, 1983 (No. 159), provides a strong basis for actions and demands. It covers four key areas: access to employment (Article 3), equal treatment (Article 4), tripartite consultation (Article 5) and training (Article 7). Seventy-eight countries have ratifi ed the Convention. Encour- agingly, 11 of these ratifi cations took place since 2000 and last year saw three more countries adhering to this standard. In addition, in 2001 the ILO adopted a code of practice on managing disability in the workplace that provides guidelines for good practices. While the Convention is primarily aimed at governments to ensure a legal and policy framework for standards and activities covering disabled persons, the code of practice is designed to help employers and trade unions deal with the issue at the workplace level. Indeed there is a wealth of instruments at international and national level to address the many problems still faced by disabled persons concerning access to employment, fair treatment and dignity at work and recognition of their contribution to society. Through its international labour standards, promotional activities, knowledge-building and technical cooperation services, the ILO is playing an important role. The ongoing discussion of a new UN Convention on the Rights of Persons with Disabilities gives the ILO an additional opportunity to make its voice heard and ensure that decent work for disabled workers is put on the agenda. At national level and at the workplace, trade unions should set the tone for action. Employers should be brought, through bargaining and laws, to recruit, integrate and offer decent work to disabled persons in accessible and adequate workplaces, as well as to retain those who become disabled while in employment. Governments should be asked to adopt and implement measures, in line with ILO standards, to fi ght discrimination and ensure equal treatment and equal opportunities for disabled workers. This publication reports on a number of initiatives taken in that direc- tion. More will have to be done. It is our hope that this issue of Labour Education will encourage those who have taken up the challenge to continue to promote the rights of disabled workers and will encourage others to join this fi ght.

Jim Baker Director ILO Bureau for Workers’ Activities

VII

Employment and training opportunities for people with disabilities: The ILO’s role

How does the ILO approach to disability issues fit with the rights- based approach? How has the ILO helped to improve the training and employment of disabled persons? How does it promote equal opportunities for persons with disabilities, particularly in developing countries? And what still needs to be done?

Barbara Murray Manager – Equity Issues Skills Development Department (IFP / SKILLS) ILO

ecent decades have seen dramatic ters, conventions and initiatives adopted Rchanges in the way in which disabil- since the 1980s, which explicitly refer to ity is regarded in society. For many years, persons with disabilities. It is also refl ected it was widely assumed that people with in the increasing number of special instru- disabilities required charity, care and as- ments adopted by organizations such as sistance, and that they were not capable the United Nations and the Council of of working or living independently. Some Europe – including the Council of Europe disabled people broke through the con- Coherent Policy for the Rehabilitation of straints of this stereotype, holding jobs at Persons with Disabilities (1992) and the every level, playing valued roles in their UN Standard Rules for the Equalization communities and sometimes becoming of Opportunities for Persons with Dis- leaders in their fi elds, excellent role mod- abilities (1993). International initiatives to els for everyone. Most disabled people, promote this approach include the World however, continue to occupy marginalized Programme of Action concerning Disabled positions in their societies, deprived of the Persons, introduced in 1982; the UN Dec- rights to education, training and employ- ade of Disabled Persons 1983-92; regional ment enjoyed by their non-disabled fellow- decades in Asia and the Pacifi c, Africa, and citizens, and frequently living in poverty. the Arab States; and the European Year of Since the 1970s, the disadvantages faced by Persons with Disabilities, 2003. These ini- disabled people, their social exclusion and tiatives aim to promote full participation discrimination against them have come to with equality of disabled persons in all be seen more and more as a human rights aspects and sectors of society. Legislation matter, requiring action at every level of and policies in countries throughout the society to dismantle the barriers which world have been revised or replaced in have prevented their full participation. line with this. The trend has given rise to Disability has come to be viewed in many the decision by the UN General Assembly countries as a form of social diversity, to draft and adopt a Convention on the which needs to be accommodated if so- Rights of Persons with Disabilities, cur- ciety is to cater to all its citizens. People rently being negotiated. with disabilities are citizens; disability is How does the ILO approach to dis- a rights issue. ability issues fi t with the rights-based This shift in thinking is refl ected at in- approach? How has the ILO contributed ternational level in the human rights char- to the changes which have taken place in

1 laws and policies concerning the training The overall result of this situation is and employment of disabled persons? that many disabled people do not have the What role does the ILO play in continu- opportunity to earn a decent living, to con- ing to advocate equal opportunities for tribute to the income of their families, or to persons with disabilities, particularly in make a contribution in the workplace. The developing countries? These and related potential of very many disabled persons questions are touched on in this article, remains untapped and unrecognized, which concludes by taking note of issues leaving a majority of women and men with remaining to be tackled to ensure that peo- disabilities living in poverty, dependence ple with all types and levels of disability and social exclusion. can take active part in society.

The ILO approach Why is the ILO concerned with disability issues? The primary goal of the International Labour For centuries, most people with disabilities Organization is to promote opportunities for women and men, including those with have been excluded from the mainstream disabilities, to obtain decent and produc- of society, This has been at a great cost tive work in conditions of freedom, equity, to society, in terms of the lost productive security and human dignity. The principles potential disabled people represent, the of non-discrimination, equality of opportunity and equality of treatment are the main cost of disability beneﬁ ts and pensions pillars of the ILO approach. Mainstreaming which for many form the only source of of services and opportunities for disabled income, and the implications for their persons advocated, where appropriate, as families and carers in countries where a means of ensuring this goal. work opportunities and services are not available. 1 Comprising approximately a tenth of the world’s population or 610 mil- Social justice for all lies at the centre of the lion people, with 386 million of working ILO mandate. This makes its concern with age, 2 disabled people have demonstrated disabled persons inevitable. The ILO ap- that, with the right opportunities and ad- proach to promoting equality of opportu- aptations and support, if needed, they can nity for persons with disabilities is based make a major contribution at all levels of on the conviction that work is a fundamen- the economy and society. Yet, in all parts tal element of personal fulﬁ lment, social of the world: integration and recognition; and work of People with disabilities are less likely decent quality is the most effective means to be in employment than non-disabled of escaping the vicious circle of marginal- persons and, where they are employed, ization, poverty and social exclusion. Peo- they are more likely to be in low-paid ple with disabilities are frequently trapped jobs with poor promotional prospects in this vicious circle, and positive action is and working conditions (see also art- needed to assist them in breaking out of icle by Luc Demaret, page 11). it. A basic conviction underlying the ILO approach is that barriers which disabled Disabled women are less likely to have people face in getting jobs and taking their a decent job than either non-disabled place in society arise largely from policies, women or men with disabilities. laws, regulations and practices – the way Many people with disabilities are not in which employment is structured and registered either as employed or as organized – and from mistaken assump- unemployed, and are thus invisible tions about their working capacity, rather in the labour market, surviving either than from the disability itself. These bar- through the support of their families or riers can and should be overcome through through social security payments. a variety of policy measures, regulations,

2 programmes, services and campaigns. The no discrimination in pay for equal work. ILO supports constituents in developing Among methods of widening employment solutions which suit the national context, opportunities for workers with disabilities through its international labour standards, mentioned by the Recommendation are knowledge-building, advocacy and tech- quotas, reserved occupations, creation of nical cooperation activities. cooperatives and the establishment of sheltered workshops. The Recommendation described the role of the ILO in providing International labour standards technical advisory assistance, organizing and disability international exchanges of experience, and other forms of international cooperation ILO commitment to promoting opportuni- including the training of rehabilitation ties for persons with disabilities through staff. The Recommendation also included international labour standards dates back special provisions for disabled children nearly a century to 1925, when a Recom- and young persons. mendation on worker compensation called The importance of access to educational for the vocational rehabilitation of injured and vocational guidance, vocational train- workers and for the promotion of institu- ing, continuing employment information tions providing these services. 3 for people with disabilities is emphasised Long before the ILO introduced its fi rst in ILO Convention No. 142 concerning international labour standard concerning Human Resources Development adopted disability in 1955, the Organization was in 1975. Its accompanying Recommenda- promoting the concepts of mainstreaming, tion No. 150 8 reinforces the principle of equality of opportunity and affi rmative mainstreaming in vocational guidance action, now considered to be indispens- and training, highlights the importance able components of modern disability law. of educating the general public, employ- Early versions of these concepts are found ers and workers in relation to the employ- in a series of standards introduced in the ment of persons with disabilities, and calls 1940s 4 dealing with medical examination for adjustments in the workplace, where of young people for fi tness for employ- necessary, to accommodate disabled work- ment and the organization of employment ers. 9 These principles are reiterated in Rec- services. The concept of return to work of ommendation No. 195 concerning Human disabled workers is found in a standard on Resources Development adopted in 2004. social security introduced in 1952. 5 ILO Convention No. 159 on Vocational ILO Recommendation No. 99 con- Rehabilitation and Employment (Disabled cerning Vocational Rehabilitation of Persons), introduced in 1983 at the start of the Disabled, 6 adopted in 1955, proved to the UN Decade for Persons with Disabil- be one of the most important instruments ities, calls on member States to develop concerning persons with disabilities for a national disability policy based on the many years. Until the adoption of Conven- principles of equality of opportunity, tion No. 159 and Recommendation No. 168 equality of treatment and mainstreaming almost 30 years later, this international of training and employment opportuni- instrument served as the basis for all na- ties, where possible. tional legislation and practice concerning A central requirement of Convention vocational guidance, vocational training No. 159 is that the implementation of na- and placement of disabled persons. 7 tional policies be planned in consultation This Recommendation set the scene for with the social partners, and that organ- ILO work with governments and the social izations of disabled persons should be partners to promote equal opportunities consulted in this process. The need for for persons with disabilities, emphasiz- community involvement in the implemen- ing the importance of mainstreaming of tation of policies is emphasized, given that vocational training, where possible, and most disabled people live in rural areas,

3 often quite remote. The importance of staff costs associated with disability among training is emphasized. Recommendation employees, and maximize the contribu- No. 168 accompanies the Convention, pro- tions which workers with disabilities can viding detailed guidance on its implemen- make to the enterprise. tation. While Convention No. 159 targets na- Like Recommendation No. 99 before tional governments, the Code is aimed it, and the ILO Code of practice on manag- primarily at enterprises of all sizes, in the ing disability in the workplace, introduced public and private sectors of developing in 2001, Convention No. 159 understands countries, highly industrialized countries, disability as a condition of occupational and transition economies. A broad approach disadvantage which can and should be is taken, including recruitment, promotion, overcome through a variety of policy job retention and return to work as four measures, regulations, programmes and interlinked aspects of the process of man- services. aging disability in the workplace. In this respect, the ILO concept of disability management differs from national approaches introduced earlier which focus specifi cally Person with a disability on job retention and return to work. “… an individual whose prospects of secur- The multifaceted role of workers’ or- ing, retaining and advancing in suitable em- ganizations is emphasized in the code. ployment are substantially reduced as a re- Their support and cooperation is required sult of a duly recognized physical, sensory, intellectual or mental impairment.” if the integration of people with disabilities into the workplace is to be achieved. ILO Code of practice – Managing disability in the workplace, 2001. They should be involved in the formula- tion of the enterprise disability management programme, and actively encourage workers with disabilities to join their The Convention has now been ratifi ed by organizations as members and assume 78 countries (July 2005). While there has leadership roles. 11 They should ensure that been signifi cant change in the policy and the interests of disabled workers are repre- legislative environment since its adoption sented in workplace negotiations and that in 1983, the fact that it continues to be rati- positive action measures are introduced fi ed – with 11 new ratifi cations since 2000 to foster the inclusion of workers with – refl ects the growing attention being paid disabilities in the workplace. They have a to disability issues and to the inclusion of key role to play in sensitizing and training disabled persons throughout the world. members on disability issues. At national- The ILO Code of practice on managing level consultations and negotiations, they disability in the workplace of 2001 10 adds to can exercise their infl uence in advocating the range of standards which the ILO uses employment and training opportunities in its work to promote the employment of for disabled persons. They can provide disabled persons. An agreed, non-binding good examples in this process by being set of rules and procedures on the topic, the model employers of disabled persons in code refl ects the signifi cant changes which their own organizations. have taken place in the understanding of The code also describes the respective disability, and in legislation, policies and roles of governments and employers’ or- services concerning disabled persons since ganizations, as well as disabled persons’ Convention No. 159 was adopted in 1983. organizations in facilitating the effective The code aims to improve employment introduction of disability management. prospects for persons with disabilities, Underlying this approach is the recogni- based on equality of opportunity. It also tion that a multi-sectoral approach and the seeks to promote a safe, accessible and involvement of social partners and civil healthy workplace, minimize employer society are required, if the full integration

4 of disabled persons in the workplace and of southern Africa, and on effective strate- wider society is to be turned from a policy gies for skills development and access to aspiration into a practical reality. work in community-based rehabilitation In addition to ILO standards dealing programmes in Africa, the Arab States and specifi cally with disability, the ILO seeks the Asia-Pacifi c region. Information is also to eliminate discrimination and promote being gathered on approaches adopted to equality of opportunity and treatment in ensure the effective implementation of leg- employment and occupation through the islation concerning the employment and two fundamental ILO Conventions – the training of disabled persons in countries Discrimination (Employment and Occu- of East Africa and Asia-Pacifi c. Examples pation) Convention, 1958 (No. 111), and of good practice, identifi ed through these the Equal Remuneration Convention, 1951 activities, will form the basis of guidelines (No. 100). It also does so through the 1998 to be developed for constituents. A recent Declaration on Fundamental Principles survey of trade union activities relating and Rights at Work which applies to all to persons with disabilities in the Asia- workers and includes principles governing Pacifi c region will be refl ected in a video freedom of association, the right to collec- currently in preparation, illustrating how tive bargaining, and the abolition of child workers’ organizations can make and are labour and of forced labour, in addition to making a difference to the employment the non-discrimination ILO instruments. opportunities of disabled persons. The principle of equality of opportunity for persons with disabilities integral to these international labour standards is Advocating equal opportunity, equal refl ected in the labour laws of many devel- treatment and non-discrimination oping countries, developed in recent years with ILO support. The international labour standards relating to disability and the Code of practice on managing disability in the workplace form Building the knowledge base the framework of ILO policy advice to on disability policies, laws, constituents and are actively promoted programmes and practices through meetings, seminars and training programmes, both general and disabil- The ILO contributes to the knowledge ity-specifi c. The ILO International Train- base concerning people with disabilities ing Centre in Turin regularly conducts through research, evaluation and iden- training courses focused on disability-re- tifi cation of good practice in vocational lated issues in training and employment, rehabilitation, skills development, em- reaching constituents in different parts ployment and self-employment. Informa- of the world. These activities can have a tion gathered in this way is disseminated fairly rapid impact. Following regional through publications, the ILO web site, meetings concerning disability in Bang- GLADNET, 12 workshops, seminars and kok, Thailand and Warsaw, Poland, for project events. In recent years, for exam- example, ILO Convention No. 159 was ple, information was gathered on national ratifi ed by Fiji and Poland, and discus- approaches to job retention and return to sions have taken place regarding ratifi ca- work in selected countries. This information by Sri Lanka. tion was widely disseminated and included Support materials have been devel- on the ILO and GLADNET web sites, as oped to promote Convention No. 159 and well as being the topic of several interna- the code of practice. A guide to the code tional seminars. Currently, the focus is on for workers’ organizations has been de- the collection of information on effective veloped and will soon be published and skills development programmes for peo- disseminated in cooperation with the ILO ple with disabilities in selected countries Bureau for Workers’ Activities. Support

5 has been provided to the Federation of Partnership Approach Ugandan Employers in developing a customized version of the code, in consulta- A collaborative approach has character- tion with member companies. The Offi ce ized ILO activities in the fi eld of disability collaborated with the UK Employers’ for many years. Beside working with its Forum on Disability in producing a global tripartite constituents, the Offi ce works edition of the EFD’s publication Unlocking with organizations of and for people potential – The new business disability case. with disabilities, and other UN agencies The business case for employing persons in promoting vocational training and with disabilities is illustrated in a video employment opportunities for disabled ‘Ability Asia’ developed in the Asia-Pacifi c persons. In 1975, for example, refl ect- region, later customized for the Caribbean ing its recognition of the importance of region and soon to be produced in an Afri- multi-sectoral collaboration among inter- can version. A further video on the role of national bodies in promoting equal op- trade unions in promoting opportunities portunities for persons with disabilities, for persons with disabilities is currently in the ILO called for a comprehensive cam- preparation. These videos are widely used paign for vocational rehabilitation and in training programmes and promotional social integration of disabled persons, in campaigns in different regions. cooperation and coordination with the In Asia, the ILO provided extensive United Nations, its specialized agencies, support to the development of the Biwako and international, regional and non-gov- Millenium Framework, which sets out ernmental organizations 13 – a campaign targets for action in the second Asian and which was to result in the International Pacifi c Decade of Persons with Disabilities, Year of Disabled Persons and the World including the ratifi cation of ILO Conven- Programme of Action concerning Dis- tion No. 159, the inclusion of persons with abled Persons, among other initiatives. 14 disabilities in vocational training pro- More recently, the ILO has collaborated grammes and the compilation of reliable in the World Bank initiative to establish data on the employment and self-employ- a Global Partnership for Disability and ment rates of persons with disabilities. In Development (GPDD) which aims to Africa and in the Arab States, technical combat the social and economic exclu- support has been provided in the devel- sion and impoverishment of people with opment of Action Plans for the decades for disabilities and their families in develop- persons with disabilities declared in these ing countries. Partners in the GPDD work regions. In collaboration with UNESCO jointly and individually to accelerate the and the UN Special Rapporteur on Dis- integration of disability issues and people ability, the ILO supported preparations for with disabilities into their own and other a regional meeting for Arab parliamentar- mainstream social and economic devel- ians early in 2005 with a view to improv- opment policies, programmes and budg- ing legal protection and equalization of ets. This initiative provides an example training and employment opportunities of the type of partnership envisaged in for people with disabilities. Millennium Development Goal 8. In addition to its activities specifi cally In its active participation in the pro- focused on persons with disabilities, the cess of developing a UN Convention on ILO seeks to ensure that disability-related the Rights of Persons with Disabilities, requirements are taken into account in its the Offi ce is working to ensure that the general activities – for example, relating to progress achieved through Convention vocational training, vocational guidance, No. 159 and other international labour small enterprise development, poverty standards is consolidated and that fur- reduction and the development of la- ther progress is made in anchoring the bour laws. This approach will be further human rights of persons with disabilities strengthened in future. in international law.

6 Technical cooperation services provide vocational rehabilitation, training and employment-related services to per- The Offi ce demonstrates how the princi- sons with disabilities – through support to ples which it advocates can be effectively the vocational training and labour market implemented in practice through technical integration of persons with mental health cooperation projects that seek to develop disabilities in Romania, and through the and test new approaches to vocational re- organization of training for vocational habilitation, training, employment and in- rehabilitation experts from Bulgaria, come generation for persons with disabil- Moldova and Romania. In Cambodia, the ities. In the past, disability-specifi c projects ILO project Alleviating Poverty through focused on developing skills training and Peer Training (APPT) has demonstrated income generation opportunities for dis- the effectiveness of the Success-Case Rep- abled persons, sometimes through com- lication methodology, involving informal munity-based rehabilitation programmes. and village-based apprenticeships, to en- In several Arab States (Iraq, Jordan, Oman, able people with disabilities to improve Palestine, Syria and Yemen), projects have their livelihoods. Successful entrepreneurs been implemented to strengthen national train others to replicate their businesses capacity in the fi elds of vocational reha- by imparting practical skills in both the bilitation and employment of disabled technical and business aspects of setting persons. Current projects are more varied. up a micro business. After training, the For example, a project on Employment of project provides small grants, loans and People with Disabilities – The Impact of business development services to project Legislation aims to enhance the capac- benefi ciaries so that their dreams for a bet- ity of national governments in selected ter life become reality. countries of East Africa and Asia-Pacifi c A further example is the project Devel- to implement effective legislation on the oping Entrepreneurship among Women employment of people with disabilities. with Disabilities which is testing a strat- The project has built a knowledge base on egy by which women with disabilities can such legislation, identifi ed the implemen- optimize their income-earning potential tation mechanisms in place, highlighted and escape from poverty. This project, improvements that may be required, and managed by disabled women themselves, provided technical assistance to selected involves promoting economic empower- national governments for implementing ment among women with disabilities and necessary improvements. China, Ethio- women with disabled dependants, by pro- pia, Kenya, Tanzania-Zanzibar, Thailand, viding training in micro-enterprise skills, East Timor and Uganda have already arranging access to vocational skills train- benefi ted from technical support under ing and credit and supporting the women the project. Guidelines on the disability to start a business activity or develop an law for drafters of national or federal dis- existing one. Following the testing of this ability policy and labour law and other strategy in two regions of Ethiopia, prepa- relevant legislation have been developed rations are now under way to replicate it under the project, and will be added to in other regions of the country and other the set of ILO guidelines on labour law. countries of Africa, in close collabora- In addition, guidelines for constituents on tion with an ILO project dealing with statistical monitoring of the employment strengthening women’s entrepreneurs’ situation of disabled persons are in prep- associations. This mainstream project is aration under the project, taking account now committed to including women en- of work in this fi eld undertaken by the UN trepreneurs with disabilities in its activi- Statistics Division. ties to strengthen women entrepreneurs’ In Central and Eastern Europe, the Of- associations in East and southern Africa. fi ce has worked to enhance the capacity of The inclusion of people with disabil- selected Balkan Stability Pact countries to ities in ILO technical cooperation projects

7 is not new. The ILO Employment Gen- that this process is adequately planned eration Programme (EGP) in Cambodia and resourced, through induction train- in the 1990s, explicitly targeted disabled ing for vocational centre managers and persons along with non-disabled persons instructors, and that, where people with in its labour-based infrastructure devel- disabilities are not in a position to avail opment and vocational training activities. themselves of these opportunities, they are The current project on Skills Development given access to skills training which is up for the Reconstruction and Recovery of to standard and prepares them adequately Kosovo does the same. ILO projects in for labour market opportunities and the countries emerging from armed confl ict world of work. It is also important to en- place a major focus on the reintegration sure that the specialist knowledge, built of disabled soldiers and civilians. These up over many years in special centres, is examples illustrate how a disability com- tapped and applied to the benefi t of dis- ponent can be included in projects with lit- abled persons in the new approaches. The tle diffi culty, particularly if this is planned same consideration applies to vocational at the design stage. guidance and employment services. While many workers with disabilities will be able to fi nd employment in the open labour ILO tackling disabling environments market, with adaptations and supports if – a leading role required, it is important to recognize that some will not be able to do so and that al- Through its international labour standards, ternative forms of employment are needed promotional activities, knowledge-build- on a transitional basis. These alternatives ing and technical cooperation services, the should be useful and remunerative, meet ILO has played a signifi cant international labour standards and provide opportuni- role in the fi eld of disability, refl ecting ties for vocational advancement and trans- the growing recognition of the rights and fer to open employment when possible. abilities of persons with disabilities. The Given its prominent international role concepts of reasonable accommodation and accumulated experience in the fi eld of and affi rmative action, now seen as key disability over many years, the ILO is well elements of modern disability laws, have placed to participate in current debates been promoted by the ILO through its and to support constituents in developing international labour standards for many and implementing new approaches which years. The concept of return to work of dis- lead to a real improvement in the quality of abled workers has also featured strongly. life of all persons with disabilities. The ILO standards concerning disability, combined with other ILO instruments concerning discrimination, strengthen Notes the trend towards bringing people with 1 The global cost of having so many disabled disabilities in from the margins of society people out of work has been estimated at between and enabling them to participate as fully US$1.37 trillion and US$1.94 trillion (Robert L. Metts as possible. (2000), Disability Issues, Trends and Recommendations As societies move forward and people for the World Bank, World Bank, Washington). with disabilities increasingly take their 2 Based on the World Health Organization’s esti- place alongside non-disabled persons in mate that 10 per cent of the world’s population have a disability and United Nations World Population all aspects of life, it is important to ensure Prospects, 1998 Revision, UN, New York, 1999. that the changes which are introduced take 3 Recommendation (No. 22) concerning the into account the diverse needs of people minimum scale of workmen’s compensation, 1925. with different types and levels of disabil- 4 Recommendation (No. 71) on employment ity. In relation to skills development, for services; Medical Examination of Young Persons (In- example, while the move to mainstream- dustry) Convention (No. 77), 1946; Medical Examina- ing is welcomed, it is important to ensure tion of Young Persons (Non-Industrial Occupations)

8 Convention (No. 78), 1946; Medical Examination of 10 ILO Code of practice – Managing disability in the Young Persons Recommendation (No. 79), 1946; Em- workplace, 2001. ployment Service Convention (No. 88), 1948; Em- 11 ILO, Integrating workers with disabilities in trade ployment Service Recommendation (No. 83), 1948. unions, 1998. 5 Social Securit y (Minimum Standards) Conven- 12 GLADNET – the Global Applied Disability In- tion (No. 102), 1952, Article 35. formation and Research Network on Training and 6 Vocational Rehabilitation (Disabled) Recom- Employment – is a global community of researchers mendation (No. 99), 1955. and policy-makers. See www.gladnet.org 7 ILO, Vocational rehabilitation and employment of 13 Resolution concerning Vocational Rehabilita- disabled persons, 1998. tion and Social Reintegration of Disabled or Handi- 8 Human Resources Development Recommen- capped Persons, adopted 24 June 1975. dation (No. 150), 1975. 14 O’Reilly, A. 2003. The right to decent work of 9 Human Resources Development Convention persons with disabilities. IFP/SKILLS Working Paper (No. 142), 1975. No. 14, ILO, Geneva.

Disability – the human cost of discrimination

Even though attitudes are gradually changing, progress on integrating workers with disabilities and respecting their rights could soon come to a standstill. The problem is the fierce competition between companies in the age of globalization, as well as some governments’ drive to cut social spending and boost labour market participation.

Luc Demaret Editor-in-Chief Labour Education ILO

“ e want to be recognized for our disabilities in France is almost 300,000, ac- Wskills. We don’t want to spend all cording to the country’s General Labour our lives on a quota.” That urgent call came Confederation (CGT). Across the Atlantic, from workers with disabilities taking part things are scarcely better in the United in a 2001 survey 1 by the French Demo- States, even though its Americans with cratic Labour Confederation (CFDT). It Disabilities Act (adopted in 1990) is seen still sums up the feelings of millions of as putting it at the forefront of legislation “differently abled” 2 workers worldwide. on employment access and related pub- Of the 610 million people with disabilities lic infrastructure. A survey published in on this planet, more than half are of work- November 2003 makes this very plain: ing age and most of them very much want “substantial differences exist as regards to work. According to the EU’s Commis- both employment prospects and income sioner for Employment, Social Affairs and levels, despite years of implementing Equal Opportunities, Vladimir Špidla, 3 the Americans with Disabilities Act”. If some 3.5 million people with disabilities that is the situation in the industrialized in Europe are currently seeking jobs. On countries, the fate of disabled workers in average, the employment rate for people the developing countries is all too easy to with disabilities is less than 40 per cent imagine. There are 400 million of them. in the 25-member EU, as against almost And the World Bank agrees that they are 65 per cent for other workers. And be- among the “poorest of the poor”. hind that average are some even worse “Disabled people want what we all national situations. The Netherlands, want: the chance to get educated, ﬁ nd re- by no means the dunce in this respect, warding work, lead worthwhile lives, and nonetheless has disabled employment be valued members of their community rates that are just 51 per cent of those for and in the world at large.” So wrote James other workers. In France, according to Wolfensohn, then President of the World ﬁ gures published in 2004, the number Bank, and Amartya Sen, the 1998 Nobel of people with disabilities seeking work Prize winner for economics, in an article 4 increased by 6.4 per cent, whereas over for the International Day of Disabled Per- the same period (December 2002 to De- sons in 2004. Such desires “need not be cember 2003) the total number of jobseek- just idle dreams”, they insisted. ers went up by only 5 per cent. Across all categories, the number of jobseekers with

11 Still a long way to go prehension about such hiring: uncertainty about disabled workers’ skills and needs, But there is still a long way to go. Samira, uncertainty about the cost of any adjust- 24 years old and visually impaired, can ments needed to the workplace, fear of testify to that. She is a qualifi ed secretary, disabled workers’ impact on company per- but her quest for a job turned into an as- formance, the assumption that customers sault course. “During our training, they and fellow-workers would take a negative lulled us into a false sense of security with view of disabled employees, and the feel- their promises of jobs,” she told France’s Le ing that the costs involved would be too Monde in November 2004. 5 “It’s bad enough high and would harm the enterprise. 7 Such being blind, without having the wool prejudices, reinforced these days by the fear pulled over your eyes.” Her last try was the of losing or never gaining the holy grail of public enterprise France Telecom, where competitiveness, are often at the root of her interviewers told her to take a look at discrimination against differently abled their web site. Not a site for sore eyes, and jobseekers. That discrimination may be certainly not one for the visually impaired! intentional, unintentional or unconscious. In the United States, the leader of a working It can show through in different ways and group on the Americans with Disabilities at different times: during recruitment, in Act noted as recently as January 2005 that career paths (working conditions, train- 76 per cent of people with disabilities who ing, promotion, transfer) and in case of wish to work and are of working age are restructuring. Whatever the reasons given either unemployed or underemployed. and whatever form it takes, this is quite In Mongolia, meanwhile, of all the visu- simply discrimination, and it breaches the ally impaired people who have undergone rights of the person concerned. special training, only 20 per cent will fi nd a job. And in most cases, that job will not match their skills level. Ignorance Wherever you go, these millions of people, with their different skills, tell the Like most discrimination, it is based on same tale. They face the same obstacles. ignorance. Most experts agree that em- And those obstacles are many and varied: ploying workers with disabilities “does not inaccessible, inadaptable buildings, work- handicap” fi rms. On the contrary, “workplaces, jobs and transport; inappropriate ers with disabilities are generally con- recruitment structures; a lack of resources; scientious and have higher job retention and so on. As Mia De Vits, then President rates and lower absenteeism than other of the Belgian General Labour Federation workers,” says Colleen Harrod, General (FGTB) and a deputy member of the ILO Manager of JobMatch, the Australian state Governing Body, put it in June 2003, “the employment agency for people with dis- biggest obstacle to be overcome [by people abilities. In France, Myriam Guéry takes with disabilities] is no doubt the negative the same view. She is the chief supervisor and, above all, disabling attitude that so- at a textile plant, Tecomac, which is deter- ciety adopts towards them”. 6 mined to take on the competition from Asian, East European and African fi rms. And Tecomac has exceeded the 6 per cent Employers holding back hiring quota for workers with disabilities, required of French companies with Despite a whole battery of national legisla- more than 20 employees (see the article tion, many employers still avoid recruit- by Philippe Réau on page 29). People with ing people with disabilities. According to disabilities are “the most highly motivated a British trade union study carried out in workers, and they are very effi cient,” Guéry connection with a parliamentary commis- told Agence France Presse on 18 March sion, employers show various types of ap- 2005. The same goes for the United States,

12 where Rebecca McIlhenny heads a service Britain’s Trades Union Congress (TUC). 10 agency for people with disabilities. She is It emphasizes that psychological problems quite categorical: the employers’ fears are linked to stress are an important concern “unfounded”. In fact, she says all the indi- for trade unions as regards discrimination, cators (absenteeism rates, loyalty, produc- particularly as quite a few employers still tivity) support non-discrimination. Costly fi nd it diffi cult to accept that mental ill- adjustments also turn out to be a myth. nesses are covered by Britain’s Disability SeaWorld Orlando, Florida’s famous theme Discrimination Act of 1995. A public serv- park, has a policy of recruiting differently ant quoted in the report went back to work abled people. Sharon Schackne, SeaWorld’s after receiving treatment for psychological Human Resources Director, insists that the problems. He noticed that his colleagues’ extra costs have been minimal. As in many attitude towards him had not changed, but fi rms, adapting the workplace did not pose he did complain about the behaviour of his any particular fi nancial problems. In fact, superiors, who imposed a whole series of says John Kerr from the reservations serv- unjustifi ed restrictions on his work. ice of hotel chain Mariott, “it takes so little “There are a number of ways in which in terms of costs to accommodate the dis- disabled employees can fi nd themselves abled”. Especially as, in many countries, receiving worse pay and conditions than the State is prepared to reduce those costs non-disabled colleagues,” the TUC points through tax cuts or grants. out. To start with, many of them have to agree to enter the factory or the offi ce by the back door – the one marked “low pay”. Stubborn myths And their careers will generally progress more slowly than those of their colleagues. In short, as Christopher Newell and Ger- This applies particularly to the growing ard Goggin emphasize in a recent book number of jobs in which pay rises are gov- on the situation of people with disabilities erned by evaluation systems. The British in Australia, “The stubbornly embedded civil servant quoted in the TUC report says myths of the person with disability as a that his disability was rated as an “inef- burden, a costly, unproductive and passive fi ciency” in his evaluation. Another notes welfare recipient or consumer need to be that his real pay declined because he was challenged.” 8 unable to attain the targets achieved by But attitudes are slow to change. And other colleagues. The bonuses to which for many people with disabilities, the millions of workers can lay claim are problems do not stop once they have an more often than not denied to those who employment contract. All too often, dis- are judged not by their efforts but by their crimination in the workplace is, it seems, results. All other things being equal, it is the price to be paid by differently abled clear that wage discrimination remains a people who want to get and keep a job. The harsh reality for differently abled people. fi ndings of the American Journal of Psychia- In March 2005, the Australian Human try in September 2000 doubtless still hold Rights and Equal Opportunity Commis- true: one in four workers with disabilities sion estimated that, among males, pay for suffers economic and social discrimination, workers with disabilities was 17 per cent and people with psychological problems lower than for other workers. Among such as nervous depression or shyness are women, the gap was 24 per cent. 11 at even higher risk of discrimination. 9 The The training that enables some people author notes that mental disabilities “are to improve their career prospects is denied more diffi cult to defi ne”, so “employers to disabled people, sometimes because the may be less willing to make the accomo- employers feel that, by taking on somebody dations they would make for individuals with a disability, they have already done with general medical conditions”. This is more than their duty, and sometimes also borne out by a more recent study from because workers with disabilities doubt

13 their own capacities or, as the TUC puts malignant tumour. After the operation, her it, are led to have such doubts. doctor signed her off work for nine months, The TUC also points out that harass- so that she could go into chemotherapy. ment and bullying are often part of the While she was still hovering between life environment faced by disabled people at and death, she found out that her employer work. It therefore calls for anti-harassment had fi red her. She fi nally won her reinstate- clauses in the legislation outlawing dis- ment, but then decided to change employers crimination against people with disabil- anyway. “It was a very big fi rm , but they ities, in line with a European framework didn’t know about the provisions in the directive. 12 Americans with Disabilities Act that con- What with low pay, discrimination, har- sider cancer patients as disabled people,” assment and all the rest, disabled people’s Valorie recalls. She is now 46. lot at work is not an enviable one. Together with migrant workers, young people and women, they are part of what are known Good intentions as the “vulnerable groups”. And wherever people are vulnerable, exploitation lurks. Good intentions sometimes mask very In September 2004, the owners of a hotel bad practice. In 2002, a former manager of in Arizona were ordered to pay US$50,000 France’s National Institute of Statistics and in compensation to fi ve disabled workers Economic Research (INSEE) caused more whom they unjustly dismissed, after ex- than a few ripples with his book L’enquête ploiting them. In February 2004, a report interdite. Handicapés: le scandale humain et published by George Miller, a Democratic fi nancier (The forbidden enquiry: Disability member of the US House of Representa- – the human and fi nancial scandal). 13 Pascal tives, noted that retailing giant Wal-Mart Gobry alleged that in more than a thou- was facing a barrage of litigation for al- sand French factories – the Aid Through leged discrimination against workers with Work centres (CAT) subsidized by the disabilities. One of these cases concerned a State – almost 100,000 disabled people are young pharmacy assistant, Patrick Brady, put to work without any monitoring by the who had been hired for the pharmacy sec- labour inspectorate. These disabled work- tion of a big store belonging to the group ers are, he believes, exploited, as they are but had only worked a few days there be- paid € 55 a month for 39 hours of work per fore being transferred to collecting trolleys week. “These Aid Through Work centres,” in the car park. Patrick Brady suffers from he told the press, “they’re legally prohib- shaking palsy, which does not prevent him ited from going into business. But they do, from doing his job. The jury decided in his and nobody gives a damn.” Some say that favour, and Wal-Mart was ordered to pay he was exaggerating, but sheltered work- US$7 million in damages. shops certainly do not always get a good Fortunately, there are also many reports press. Despite their very creditable aims, showing that employers have become less some rotten apples do not scruple to profi t reluctant to keep on workers disabled by by the vulnerability of disabled workers. work-related accidents or illnesses, but In the United States in September 2004, the there is still a long way to go before non-dis- parents of disabled workers in a sheltered crimination in employment is guaranteed. workshop in Tulsa, Oklahoma, denounced Valorie Reid is a case in point. At the age of the exploitation of their children. They 37, this single mother of two was hired by an were underpaid or not paid at all and the offi ce equipment fi rm. She was soon moved working conditions had become danger- into the sales department, where she heard ous. These workers were supposed to be that the quality of her work had put her in learning horticulture, but they could be line for a pay rise. That was in 1996. Sadly, ordered to work in glasshouses at blister- a few days after this news, she discovered ing temperatures and they were subject to a lump in her breast. It was diagnosed as a violence by their supervisors. “We want to

14 restore this institution, not destroy it. We disabilities. “We know perfectly well that, believe in its aims,” stated the parents who during the 1980s, many people were put on lodged the complaint. The debate on the disability benefi ts because unemployment relevance of “sheltered workshops” to the was high and this was a way of conceal- integration of disabled people is far from ing the real level of unemployment,” said over, but the supporters and the critics of Prime Minister Tony Blair. “Those who these establishments all agree that vigilant play by the rules will be assisted. Those labour inspection is vital. This vigilance who don’t will have to start doing so.” must increase – particularly in view of a Back in 2003, the Dutch Government also development recently reported by a French approved a plan which was targeted at newspaper: “Competition is taking market partially disabled people, and which the share away from the sheltered workshops unions condemned as anti-social. and the Aid Through Work centres … The high-quality but lower-cost labour of people with restricted capacities is no Contradiction longer much of an advantage in a competi- tive market.” A CAT manager agrees: “We There is a clear contradiction here. Dis- are in markets with smaller and smaller abled workers themselves say they want margins. Our clients are being squeezed to to fi nd a job, and they complain about the death. So they are squeezing their subcon- discriminatory hiring practices that have tractors, including us … These days, we been shown up in so many studies. But face competition from emerging suppliers how are governments going to get them like China. Like everybody else, we’re feel- back into work? Will it not simply be a case ing the effects of globalization.” 14 of narrowing access to social benefi ts and So disabled workers, too, could fall vic- pushing disabled people towards poverty? tim to the race for high employment rates. That seems all too likely. In a drive to cut social costs, many govern- Convention No. 159 on Vocational ments are out to put a maximum number of Rehabilitation and Employment (Dis- people to work for as long as possible, with- abled Persons), 1983, tackles a number out worrying about the quality of the jobs of the concerns expressed here about the or the workers’ age. Later retirement is part discrimination still so often faced by dif- of this vogue. So is encouraging disabled ferently abled workers. Now ratifi ed by 78 people into work. In February 2005, the countries, this instrument provides the Australian Government announced that it basis for a disability policy focusing on would be toughening the qualifi cations for employment (Article 3), equality (Article a disability pension. Up to now, a worker 4), tripartite consultation (Article 5) and who was unable to work at least 30 hours training (Article 7). But as we have seen, per week was entitled to this benefi t. The much remains to be done before these new rules would disqualify anyone who principles become a reality everywhere. can work at least 15 hours a week. Backed That said, good practice is slowly emerg- by the Australian Chamber of Commerce ing. This refl ects a gradual shift of attitude and Industry (ACCI), this policy could un- which should be welcomed and encour- leash a real witch hunt. “There are people aged. with disabilities who cannot work,” declared an ACCI leader, “but there are also people with minor disabilities who could Positive change work.” Same story in the United Kingdom where, also this February, the Labour Gov- Bob Warner heads Remploy, the United ernment announced a fi ve-year plan which Kingdom’s largest provider of jobs for dis- aims to put back to work one million of the abled people. “We are,” he says, “fi nding 2.65 million people who currently live on a growing pull from employers driven by social benefi ts granted on account of their labour shortages and social responsibility.”

15 On 1 March 2005, France’s national elec- 3 From a statement by Mr. Špidla to mark the Eu- tricity and gas distributors EDF and GDF ropean Day of Disabled People, 2 December 2004. signed a new agreement on the occupa- 4 “Helping disabled people out of the shad- tional inclusion of workers with disabilities. ows”, 3 December 2004. This article appeared in a number of Asian publications, including The Jakarta This stipulates that, of all recruits in 2005, at Post. See www.thejakartapost.com/yesterdaydetail. least 4 per cent should be disabled workers. asp?fi leid=20041203.E02 It also provides 50,000 hours of training for 5 “On nous permet de survivre, pas de vivre. disabled people outside EDF and GDF, so C’est un combat permanent”, Le Monde, 12 Novem- as to facilitate their inclusion; support for ber 2004. sheltered sector fi rms by placing orders 6 Address by Mia De Vits during a seminar on with them; and a € 350,000 grant to improve “Conciliating Work and Disability”, Brussels, 25 June the everyday lives of disabled people. This 2003. agreement was signed by all the French 7 Submission by the National Association of trade union organizations. Schoolmasters and Union of Women Teachers (NASUWT) to the Select Committee on Work and More and more, unions worldwide Pensions, United Kingdom Parliament, 15 January are bringing disabled workers’ rights and 2003. concerns into the bargaining mainstream 8 Goggin, G., Newell, C. Disability in Australia: (see Ian Graham’s article on page 23). That Exposing a social apartheid, UNSW PRESS, Sydney, struggle is still far from won. Marc Blon- October 2004. del, Worker Member of the ILO Governing 9 Druss, B. “Understanding disability in mental Body and former General Secretary of the and general medical conditions”, American Journal of French labour confederation CGT-Force, Psychiatry, Arlington, VA, No. 157, September 2000. sums it all up: “Disabled workers’ strug- 10 TUC. The experience of disabled trade unionists in gle is every worker’s struggle. This is not the workplace, report published on 17 June 2003. about pity or doing good. It’s about fi ght- 11 Figures quoted on 4 March 2005 by the Aus- ing for the dignity of all workers.” tralian Broadcasting Corporation (ABC). 12 European directive 2000/78/EC of 27 Novem- ber 2000, establishing a general framework for equal Notes treatment in employment and occupation. This gives Member States up to 6 years, if necessary, to imple- 1 ment its provisions concerning discrimination on CFDT. Négocier pour l’emploi des personnes handi- grounds of age or disability. capées dans les PME/TPE, CFDT Productions, Paris, October 2001. 13 Gobry, P. L’enquête interdite. Handicapés : le scan- 2 This new expression was suggested by Educa- dale humain et fi nancier, Editions Le Cherche Midi, tion International, the global union federation repre- Paris, 2002. senting teachers and other education workers. The 14 “La mondialisation accentue le handicap”, an idea is to refl ect “the overturning of certain attitu- article published in the daily Ouest France on 3 De- dinal barriers concerning disability”. cember 2004.

16 Women with disabilities – dual discrimination

Discriminated against twice over on account both of their gender and of their disability, disabled women used not to feature on the agendas of the major international meetings and structures that could have helped them to gain their rights. Things are beginning to change. But by no means fast enough.

Natacha David Journalist International Confederation of Free Trade Unions (ICFTU)

iscrimination affects both men and elderly women, women living alone, and Dwomen with disabilities, but handi- handicapped women. In 1985 in Nairobi, capped women are also penalized on the Third World Conference on Women account of their gender, which exposes fi nally recognized that women with dis- them to poverty and unemployment, vio- abilities are a group that deserves particu- lence and rejection by their families and lar interest, even though they were only communities. This is why women and able to participate informally in the con- girls with disabilities are often among the ference. It described women with physical most vulnerable and marginalized groups or mental disabilities as “vulnerable”. In in our societies. 1992, a fi rst UN report on human rights The dual, or even multiple, discrimin- and people with disabilities 1 looked at ation suffered by these women is often the issues of sexual violence and the eu- ignored or overlooked because people genic population control question: “Vari- with disabilities are sometimes treated as ous NGOs have emphasized that forced if they were genderless. Another reason sterilization is employed more often on why this problem has such a low profi le disabled women than on disabled men. is that information on its scale and impact Often, the women are sterilized solely for remains patchy. eugenic reasons or simply because they Nonetheless, little by little, women have been raped. Cases are known where with handicaps are making themselves sterilization is a condition for obtaining a heard at the United Nations and are tak- place in an institution.” ing their rightful place within the global In 1993, a UN declaration on the women’s movement. But it is still taking a elimination of violence against women long time for them to gain recognition of noted with concern that “some groups the additional challenge that they face due of women, such as women belonging to to their handicap. minority groups, indigenous women, At the fi rst World Conference on refugee women, migrant women, women Women, held in Mexico City in 1975, the living in rural or remote communities, problem was completely ignored. In 1980, destitute women, women in institutions or when the second worldwide conference in detention, female children, women with dedicated to women took place in Co- disabilities, elderly women and women in penhagen, governments were asked to situations of armed confl ict, are especially pay particular attention to the needs of vulnerable to violence”. Two years later in

17 Beijing, the Platform for Action adopted by their close relatives. But for various rea- the Fourth World Conference on Women sons, such discrimination is accentuated urged governments to “ensure that women in the case of women as it is grafted on with disabilities have access to informa- to the “inferiority” and traditional role tion and services in the fi eld of violence limitations that society assigns to them. against women”. 2 For instance, women are traditionally to The 1995 Beijing conference marks a the fore in care for disabled people within historic turning point in the fi ght to in- their families and communities. They bear tegrate women with disabilities into the the main community burden of disability. women’s movement as a whole. In Beijing, But when they in turn become disabled, disabled women at last gained visibility who will look after them? and were able to lobby effectively for their Physical appearance is still all too often concerns to be incorporated into the fi nal an exclusion factor for women in the labour declaration and action programme. The market and indeed in society as a whole. Beijing Platform of Action does recog- Disabled women who do not correspond nize the specifi c health needs of disabled to the traditional canons of seductiveness women and girls, as well as the importance regarded as synonymous with femininity of involving women with disabilities in de- are not seen as “real women” by society velopment and poverty reduction projects. and are relegated to the status of “non-per- It calls for action to reduce violence against sons”, to be pushed into the background or disabled women, to tackle employment even openly rejected. For example, blind discrimination against them and to ensure girls in Africa and Asia have such low that they have full access to education and status that their chances of marriage are training, with particular attention to the virtually nil. So they are stripped of their additional discrimination suffered by girls traditional role as wives and mothers. with disabilities. Greater female vulnerability to vio- In 1997, the European Disability Forum lence is another factor aggravating the adopted the Manifesto by Disabled problems faced by disabled women and Women in Europe. This states that “vio- girls. This is true both upstream from the lence against disabled girls and women is violence, which is a major cause of disabil- a major problem and statistics show that ity in women, and downstream from it, as disabled girls and women are more likely handicapped women are at greater risk of to be victims of violence because of their violence. vulnerability”. Fear of reprisals, lack of economic re- Reviewing progress on implementa- sources, emotional dependence, concerns tion of the policies adopted in Nairobi and about the children or the impossibility of Beijing, delegates to the special session of gaining redress, due particularly to short- the UN General Assembly in June 2000 comings in police or judicial structures, again emphasized the additional obstacles mean that violence against women is often to gender equality faced by women with hushed up. Yet it is more and more widely disabilities and reiterated the need for ac- recognized as having a major impact on tion at all levels to take particular account women’s reproductive health, as well as of these problems. their general physical and mental well- Above and beyond the political ap- being. Worldwide, the UN estimates that proach to these issues, account must be more than 135 million girls and women taken of the cultural attitudes within have undergone genital mutilation. A fur- which such discrimination is fi rmly ther 2 million per year could face the same rooted. Men and women alike suffer from fate. Forced marriage, prostitution and the negative stereotyping of disabled people various forms of sexual violence imposed in general. One example is the idea that on women and girls put them at risk of con- disability is a sort of punishment for a tracting disabling illnesses, whether AIDS misdeed by the individuals concerned or or other sexually transmitted diseases.

18 Violence against women reaches en- personal assistance. Abuse by personal demic proportions during confl icts, when assistance service providers, whether pro- mass rape is often used as a weapon of fessional or voluntary and whether family war. In Rwanda, between 250,000 and or non-family, is a phenomenon suffered 500,000 women – about 20 per cent of the by disabled people alone. In a study by female population – were raped during the the University of Oregon, 15 per cent of 1994 genocide, according to fi gures from disabled women said they had suffered the Red Cross. physical or sexual abuse by assistance pro- In some villages in Kosovo, 30-50 per viders. A lack of preventive information, cent of the women of child-bearing age plus disabled women’s low self-esteem were raped. In October 2004, Amnesty and their negative attitude to their own International alerted world opinion to bodies, plays an important role here. Last the humanitarian and public health cri- but not least, some popular fallacies can sis caused by mass rapes in the Demo- have disastrous consequences in terms of cratic Republic of Congo. The massive violence – for example, the belief in some incidence of extreme sexual violence in parts of Africa that sexual relations with this region (rape and sexual torture) has disabled people can cure AIDS. already produced highly disabling physi- Poverty is another additional dis- cal and psychological trauma for tens of crimination factor for disabled women, thousands of women, adolescent girls and both upstream and downstream from their very young children. In a press release on handicap. As the Canadian Labour Con- 27 October 2004, Amnesty International gress (CLC) puts it in a special manual, 3 noted that the health system in the Demo- “There is a strong circular link between cratic Republic of Congo was unable to poverty and disability. People with dis- offer them any treatment at all, because abilities are among the poorest and most of the stigmatization attached to rape and vulnerable of society. Without adequate the fact that they had often been rejected community supports and programmes, by their immediate circle or abandoned including income and education, families by their husbands. As Amnesty pointed with disabled members of any age often out, even though these women are usu- face considerable fi nancial burdens. And ally deprived of any economic resources, poverty puts children and adults at risk for they have to take on the responsibility for disability – for basic reasons such as lack their own subsistence and that of their of adequate food, clothing, shelter, health children. care and workplace safety.” Upstream from the disability, violence In developing countries, poverty, short- is also an additional discriminatory factor. ages of health care and medicines – par- Disabled women’s risk of falling victim to ticularly in the context of the HIV/AIDS violence appears to increase in line with epidemic – and wars have all pushed up the degree of disability and the result- the number of people with disabilities. As ing dependence. In Canada, studies have part of its activities in Bangladesh, Handi- shown that the rate of physical and sexual cap International is running a project to abuse is about double that suffered by improve geographical, economic and non-disabled women. While subject to all social access to obstetric services during the forms of violence that may be suffered and before childbirth. The aim is to reduce by non-disabled people, such as physical premature births and disabilities among injury, sexual assault, emotional trauma or women and their children. fi nancial abuse, disabled people also un- In many developing countries, the dergo particular types of violence, such as extended family generally looked after the removal or destruction of equipment assistance to disabled people. But deterio- designed to compensate for their disabil- rating socio-economic conditions and the ity, manipulation of medical treatment and narrowing of the family unit have been a refusal to provide them with essential gradually eroding this mutual assistance

19 and have led to mass begging, an occupa- not capable of or interested in taking up tion often severely condemned by African an occupation leading to employment”. societies. At the same time, the creation of Studies have shown that, even in the community aid structures has remained rich countries, programmes for disabled completely inadequate. In this context of people, such as additional minimum rev- pauperization, women with disabilities enue entitlements, invalidity insurance, are usually deprived of basic reproductive work accident compensation or occupa- health care. All too often, this means a fur- tional rehabilitation programmes, put ther worsening of their health situation. women at a disadvantage due to the nature The link between poverty and low lev- of their participation in the labour mar- els of education also reinforces the exclu- ket. Not only are women assigned fewer sion of disabled people, and particularly benefi ts than men; the benefi ts that they disabled women as they are often among do receive are worth less. the poorest and least educated. According Too often, there is a tendency to in- to MIUSA (Mobility International USA), troduce special programmes for disabled only one per cent of disabled women in people without taking account of the fact the southern hemisphere are literate. that women with disabilities are a vulner- Disabled women also face dual dis- able group who need particular support. crimination in the labour market. The And in the absence of a gender dimension Canadian Labour Congress reports that within the legal frameworks, discrimin- less than 40 per cent of women with a dis- ation against disabled women can easily ability are in work, compared with 44.9 per go unnoticed. cent of disabled men. And the wage gap To combat discrimination against dis- between disabled women and disabled abled women in training and employment, men is 39.4 per cent. The CLC points out the ILO has issued various directives, con- that disabled people in general have dif- ventions, declarations and resolutions. The fi culty in gaining access to the labour most recent ILO declaration on women market, but women with disabilities have workers, adopted in 1991, reaffi rms the almost twice as little chance of fi nding a Organization’s concern at the situation job as do disabled men. of women workers, including women Those disabled women who are in with disabilities. Convention No. 159 on work often experience unequal recruit- Vocational Rehabilitation and Employ- ment and promotion criteria, unequal ac- ment (Disabled Persons), 1983, ratifi ed by cess to training and retraining, unequal 78 countries, stipulates that equality of op- access to credit and other production re- portunity and treatment for disabled men sources, unequal remuneration for equal and women workers shall be respected. work and occupational segregation. And On the ground, the ILO is conducting they rarely take part in economic deci- various technical cooperation projects to sion-making. “A general trend worldwide develop entrepreneurship among women is that women with disabilities are less with disabilities. The experience gained likely to be referred to vocational train- from one of these projects in Ethiopia ing, have a harder time gaining access to showed that, to help these women gener- rehabilitation programmes, are less likely ate income and thus lift themselves out of to obtain equality in training, and if they poverty, priority must be given to tackling are successfully rehabilitated, it is more the problems of illiteracy, inadequate re- likely to lead to part-time jobs or worse muneration from the activities chosen and – unemployment.” So says Arthur O’Reilly diffi cult access to credit. in The right to decent work of persons with Judith Heumann does not regard her disabilities. 4 And he concludes that both the disability as a tragedy. “What is a tragedy general public and rehabilitation counsel- is when disabled people are not welcomed lors still tend to think that “women with into the economic mainstream of a com- disabilities are passive, dependent, and munity and not given the chance to work

20 for their hopes and their dreams.” She gets Notes around in a wheelchair, after contracting 1 polio during childhood. Since 2002, she has Les droits de l’homme et l’invalidité, a study by UN Special Rapporteur Leandro Despouy, 1993, held the newly created World Bank post published by the United Nations, sales number of Adviser, Disability and Development in F.92.XIV.4. This study is known as the “Despouy the Human Development Network. Report”. The World Bank is in no doubt that help- 2 See the Platform for Action adopted by the ing to improve the social and job prospects Fourth World Conference on Women, Beijing, 4-15 of marginalized populations of disabled September 1995. www.un.org/womenwatch/daw/ beijing/platform/index.html people in poor countries is key to reducing 3 poverty and spurring development. The MORE we get together – Disability rights and collective bargaining manual, Canadian Labour Con- Women, including women with dis- gress. www.clc-ctc.ca/web/rights/disabled/pdf/ abilities, play a central role in society and manual.pdf in their countries’ social and economic 4 O’Reilly, A. 2003. The right to decent work of persons development. If, thanks to decent work, with disabilities, IFP/SKILLS Working Paper No. 14, they are able to lift themselves and their ILO, Geneva. www.ilo.org/public/english/employ- families out of poverty, their communities ment/skills/disability/download/rightowork.pdf and their countries will be strengthened.

Unions and disability – doing MORE

How can organized labour support workers with disabilities? By doing what unions do best, and then a bit more.

Ian Graham Journalist

“ ORE” is what the Canadian Labour more diffi cult, or limits his or her achieve- MCongress calls its current campaign ments.” For the ICFTU, the upshot is clear: for disability rights. It stands for Mobilize, “In recent years, the trade union move- Organize, Represent, Educate. That, of ment has sought to dismantle the barriers course, is a good summary of trade union that have been erected in the past between action in general. So the CLC is making an people with disabilities – whether visible important point. Fair treatment for work- or invisible – and other workers.” 1 ers with disabilities is not an isolated issue. So at its most recent World Congress It is part of the unions’ core campaign for (Miyazaki, Japan, 5-10 December 2004), social justice. the ICFTU committed itself to “achieve the Nobody would pretend that disability full integration of people with disabilities tops the trade union agenda. Awareness into society and the workplace including has, however, grown since the 1990s, when through education, vocational training the ILO called the unions’ achievements in and rehabilitation, fi ghting all types of this fi eld “lacklustre”. discrimination, adaptation of the work- People with disabilities are in a mi- place and of the living environment, and nority, but it is a big one. About one-tenth cooperation with governmental agencies of the world’s people have some form of and employers.” 2 disability. Most are either in work or are, Consultation is vital, emphasizes the with varying degrees of success, battling European Agency for Safety and Health against prejudice in the search for a job. at Work. “If employers, or worker safety They represent a vast fi eld for union or- representatives, take steps without con- ganizing, and a potential source of union sulting disabled workers themselves, strength. they may miss important information and disabled workers may have different, but relevant experiences to take into Dismantling the barriers account.” Similarly, “disabled people and worker representatives should be A trade union approach to the issue has involved in the process of ensuring ‘rea- to begin with a statement of what should sonable accommodation’ for disabled be obvious: workers with a disability are workers such as planning work, work en- not incapacitated. A blind man is not deaf. vironments, emergency procedures, etc. A dyslexic woman may be highly skilled. and the purchase and use of any special “Nobody is perfect,” the International equipment”. 3 Good advice – although, Confederation of Free Trade Unions re- as we shall see, the word “reasonable” minds us. “Everybody can identify some can be a stumbling block in workplace shortcoming which makes particular tasks negotiations on this issue.

23 How to do MORE The Disability Rights Working Group of the Canadian Labour Congress launched its MORE campaign (Mobilize, Organize, Represent, Educate) in December 2001. Two years later, it made an interim assessment of Canadian unions’ action. This gives some useful pointers for unions everywhere. Here, slightly adapted for an international readership, is the working group’s checklist:

Mobilize • Hosting National Access Conferences for members with disabilities to provide a forum for disability rights activists to strategize and mobilize around workplace and community issues. • Mounting a public policy and legislative agenda call for a universal disability programme, the restructuring of tax credits for the disabled, access to publicly backed support services and independent living resource centres. • Developing a series of education modules on disability rights and a “Train the Trainer” guide for the modules. • Producing and distributing an information flyer about workers with disabilities to all union locals. • Establishing and supporting working groups and committees for members with disabilities. • Ensuring that members with disabilities are involved in the identification and prioritization of issues for collective bargaining through their assured representation on bargaining conferences/ committees/teams.

Organize • Appointing active members to the CLC’s Disability Rights Working Group. • As part of organizing drives, stressing to potential members the role of unions in promoting equality, human rights and social change. • Covering costs to ensure that union-mandated activities like strike votes, ratification votes, membership referenda, conventions, etc. are accessible, including sign language interpretation and the promotion of disabled workers in union education programmes – local union branches are encouraged to do the same. • Ensuring that members with disabilities are involved, by implementing innovative strategies including video conferencing, providing alternate formats as requested and accessible meeting spaces. • Networking with organizations representing people with disabilities and injured workers.

Part of a wider fight to discrimination. Subsequently, in the country’s post-apartheid constitution and Certainly, adjusting the workplace is an its laws against employment discrimin- important task, and it fi ts well with the ation, people of disability were specifi cally general trade union and ergonomic prin- mentioned as one of the groups at risk. And ciple that jobs should be adapted to people, from 1998 onwards, when South African rather than people to jobs. But the union workers chipped in to set up the Labour Job role in tackling disability discrimination Creation Trust, assistance for people with goes beyond that. It is, or should be, part disabilities became one of its project criteria. of the fi ght for a better society – even when When it comes to disability rights, other forms of discrimination seem to be developing economies face a double chal- of more pressing concern. lenge. For a number of reasons ranging South Africa is a good case in point. Both from poor workplace safety to under- before and after the end of apartheid, the funded prenatal and postnatal medical labour confederation COSATU cited dis- care, they have a particularly high pro- abled people as one of the groups subject portion of people with disabilities. At the

24 Represent • Increasing access to events and activities by developing and implementing an equality screen and an accessibility checklist, and providing members with sign language interpretation, alternate media including large font print material and Braille on request. • Hosting conferences on collective agreement language including return to work clauses (i.e. the right to return to work after a disabling accident or illness) and the duty to accommodate (the employer’s legal duty to make provision for the needs of workers with disabilities). • Surveying all participants prior to any event, so as to identify accommodation and support needs. • Supporting member unions in obtaining legal rulings and other decisions that set precedents for disability rights. • Developing policies that advance the participation of members with disabilities, including an alternate media policy, disability rights as a union issue and accessibility to activities and facilities.

Educate • Developing a “duty to accommodate kit” that addresses various aspects of the duty to accommodate. • Increasing awareness within the trade union movement by developing an educational module on “The Role of Unions in Promoting a Disability Rights Agenda” and focusing on specific disability rights issues at an equality leadership school. • Publishing and providing wide distribution of a booklet entitled “Disability Rights in the Work- place: Understanding Duty to Accommodate” as a resource for union members. • Working to integrate a disability rights perspective throughout all workshops and reviewing all education programmes with an equity lens. • Developing educational materials on the duty to accommodate, tailored to meet the information needs of the general membership and all levels and bodies of the union.

same time, the resources that they can abled workers, international trade union devote to helping them are very limited. assistance can contribute to securing de- The restrictive budgetary approaches im- cent work for people with disabilities in posed on many developing countries in developing countries. recent years have further worsened this situation. In consequence, most disabled workers in these countries are in the in- Laws: Getting them passed formal economy. They have no legally rec- and getting them enforced ognized employer and no social security rights. Thus, the growing emphasis placed Legislation is often a focal point for union by unions in these countries on organizing action on disability rights. In the United the informal economy is very much in the States, trade unions played a major part interests of people with disabilities. Either in the lobbying for the Americans with through general aid for informal economy Disabilities Act (ADA), passed in 1990. organizing and job creation, or through This landmark law prohibits discrimin- targeted help for schemes involving dis- ation against people with disabilities in

25 employment and public services, public commission was looking into the case for and private transportation, public accom- further legislation. The union report noted modation and telecoms services. It covers that “where employers operate appraisal private employers with 15 or more employ- systems with a connection to pay levels, ees, employment agencies and all levels of performance-related pay, and bonus government. Employers are required to schemes, there is considerable potential for make reasonable accommodations to en- discrimination if the systems used by the able an otherwise qualifi ed person with a employer fail to take account of the need disability to do his or her job. According to for the system to compensate for an indi- the ICFTU, the ADA “is still a benchmark vidual’s particular impairment”. Unions’ for anyone campaigning for the rights of practical experience in the workplace also disabled people. Ensuring that similarly highlighted the vagueness of the British progressive legislation is enacted in other law’s requirement that employers under- countries should be a priority for trade take “reasonable adjustments” to make it unions worldwide”. 4 possible for a disabled worker to do the Of course, this may entail a critical ap- job. “Not surprisingly, for unions, this area proach to legislative proposals. In 2003, of the law has provided many of the cases while welcoming Spain’s new Law on that representatives and offi cers have had Equal Opportunities and Non-Discrimin- to take up …” All in all, the TUC found that ation against Persons with Disabilities, the fl aws in the legislation “stand in the way of UGT labour federation criticized the draft using the law to combat discrimination in legislation as being less than concrete on a the workplace” and that “even where the number of points, such as the lack of specifi c law clearly applies to the situation, it has fi nancing, the long lead times for some pro- not necessarily prevented discrimination visions (up to 17 years for the adaptation of by employers”. Even more worryingly, some buildings) and the lack of sanctions as the TUC was quick to point out, its for offences against the law. It also called examples were all drawn from unionized for monitoring and follow-up to be rein- workplaces. “Where workers do not have forced. French trade unions have taken a representation, it is all too likely that their similarly welcoming but critical line on the situation will be even worse …” disability rights legislation adopted in Feb- ruary 2005. In particular, they have raised questions about the fi nancial resources Informing the public available for the measures (see also article by Philippe Réau, page 29). 5 Sometimes, the publication of a few hard The real impact of any legislation facts can help to boost disabled workers’ needs to be assessed from time to time case. In 2003, the CLC 7 marked the Inter- – and nowhere more so than in the fi eld national Day for Persons with Disabilities of discrimination. Rooted as they are in with some telling fi gures from Statistics the workplace, unions are well placed to Canada: help with this monitoring and to argue Only 41.5 per cent of working-age adult the case for reform. The United Kingdom’s Canadians with disabilities had jobs. Disability Discrimination Act of 1995 is an interesting example. At the fi rst disabil- The average household income of ity conference held by the British Trades working-age disabled Canadians was Union Congress (TUC) in 2001, delegates 28 per cent lower than that of the non- cited many examples of continued dis- disabled population. crimination against workers with disabil- More than 55 per cent of adults with ities, despite the law. So the TUC asked its disabilities in Canada were living below affi liates to provide detailed information the offi cially defi ned “low income cut- supporting these claims. On this basis, it off” line, as compared with 19 per cent issued a report 6 at a time when a public of adults without disabilities.

26 MORE in the workplace Workplace-level union reps have a vital role to play in promoting disability rights. In 2003, France’s CFDT labour confederation commissioned sociologist Jean-Luc Blaise to evaluate its work for people with disabilities. His detailed report 1 includes four pointers for workplace-level action. Here, we have adapted them slightly for an international readership: • Awareness-building among the workers is needed before launching any initiative in this field. Works council members or shop stewards will find it worthwhile to produce a leaflet or to dis- tribute documents that inform the workforce about the employability of people with disabilities. First of all, the barriers of indifference or of fear towards disabled workers have to be broken down. Many people within the workforce know nothing about disabled people and have strong prejudices. • Elected reps should use the social audit provided [in some countries] by the employer to the works council. This will enable a “snapshot” to be taken of the firm’s hiring record. • When looking at any plan for new recruitment by the firm, union leaders should ensure that people with handicaps are not forgotten. For example, in an agreement providing for shorter hours and increased hiring, why not include a quota for disabled workers? • The workplace health and safety committee has an important role to play in ensuring appropriate adjustments to work stations and job design, as well as the full accessibility of all workplace facilities. If a disabled worker suffers a workplace accident, the aim should be to maintain the worker’s employment within the enterprise. Naturally, people with handicaps are fully entitled to play an active part in the union and should be invited to present themselves for election to the works council, the safety and health committee and other specialized committees (on training, leisure activities, etc.) 1 Personnes handicapées – où en est la CFDT dans la prise en charge du dossier?, Jean-Luc Blaise, Bierville, March 2003. www.cfdt.fr/actualite/emploi/handicapes/dossier_personnes_handicapees_04_02.htm

And that was in a country with one of the workers. 9 Tip No. 1 is: “It’s worth knowing world’s most progressive attitudes to dis- your rights in the workplace.” The rest of ability in the workplace – thanks, amongst the advice explains just what those rights other things, to union campaigning. are – mainly in the context of new Ger- The Spanish media, meanwhile, recently man legislation on disability rights which got another helping of fi gures from the came into force in 2001. The new law, for UGT’s Madrid regional offi ce: only 0.14 per which the unions lobbied, obliges employ- cent of the 1,263,847 employment contracts ers to take a range of specifi c measures to signed in Greater Madrid during the fi rst ensure that workers with disabilities can seven months of 2004 were with workers do their job. So the union booklet advises who had any degree of disability. Yet there these workers “not to accept being put at are some 350,000 people with disabilities a disadvantage”, and it stresses an impor- living in the region, and their unemploy- tant aspect of the new law – workers with ment rate is around 30 per cent. 8 disabilities do not have to prove that they are being discriminated against. It is up to the employer to prove that they are not. Informing disabled workers Similarly, the German unions tell disabled workers that the current legislation gives If public information on this issue is vital, them an individual entitlement, vis-à-vis keeping workers with disabilities up to the employer, to a job that corresponds to date on their rights is no less so. In Ger- their abilities and skills. And they have many, the ver.di and IG Metall unions a preferential entitlement to in-house teamed up with national labour federation training. But the unions are also quick the DGB to publish “15 tips” for disabled to point out the limitations on disabled

27 workers’ rights: “The assertion, made by Notes some employers, that workers with serious 1 disabilities cannot be dismissed, is a fairy A lame excuse – a fi ght for the rights of workers with disabilities, ICFTU, Brussels, 2000. www.icftu. tale. The fact of the matter is that people org/www/english/Congress2000/disability.pdf with serious disabilities have increased 2 Final resolution – fi ghting discrimination and protection against dismissal. And quite achieving equality, 18th ICFTU World Congress, Mi- right too!” But the protection is far from yazaki, 5-10 December 2004. http://congress.icftu. absolute. Hence the unions’ hard-headed org/displaydocument.asp?Index=991220323&Lang warning: “It’s better to demand improve- uage=EN ments than to wait for the employer to give 3 Ensuring the health and safety of workers with dis- you your notice.” abilities, European Agency for Safety and Health at Work, Fact Sheet 53, Bilbao, December 2004. ISSN Naturally, the union booklet also em- 1681-2123. http://agency.osha.eu.int/publications/ phasizes that workers with disabilities factsheets/53/en/FACTS_53_EN.PDF This leafl et should involve their representatives: dis- also includes useful checklists. abled people’s reps, works councillors and 4 Locmant, C. Integrating people with disabilities, shop stewards. In this respect, disability ICFTU OnLine, Brussels, 1 December 2000. law is like any other social legislation. 5 See, for example, Des avancées indéniables mais Ursula Engelen-Kefer in her introduction des fi nancements discutables, CFDT press release, to the 15 tips: “New law does not enforce 9 February 2005. www.cfdt.fr/actualite/emploi/ itself. The new rights must be asserted by handicapes/handicapes_0010.htm the people for whom they were created. The 6 The experience of disabled trade unionists in the workplace, TUC, London. www.tuc.org.uk/equality/ unions are putting forward proposals for tuc-6754-f0.cfm this and they support each and every one 7 CLC news conference, 3 December 2003. www. of their members. They are ensuring that all action.web.ca/home/clcdisab/en_readingroom. of their reps … work together with disabled shtml?x=50512 people to turn the new rights into a new 8 Madrid: Sólo uno de cada 1.000 contratos afecta reality – the reality of true equality and true a un trabajador discapacitado, press release, UGT Ma- participation for people with disabilities.” drid, 2 September 2004. www.ugt.es/actualidad/ septiembre2004/madrid02092004.html 9 15 Tipps für behinderte Arbeitnehmerinnen und Collective bargaining Arbeitnehmer, ver.di/IG Metall/DGB, Berlin, 2002. www.dgb.de/themen/themen_a_z/abisz_doks/t/ tipps_behinderte.pdf Other German unions have Last but not least, collective bargaining also published this guide in their own formats. is another important way in which un- 10 For details of agreements in Europe, see Work- ions can assist workers with disabilities. ers with disabilities: Law, bargaining and the social part- Clauses relating to their needs are to be ners, a 2001 online report by the European Industrial found in collective agreements at various Relations Observatory, which also gives an overview levels in Australia, Belgium, Canada, Den- of European and national legislation. www.eiro./ eurofound.ie/2001/02/study/tn0102201s.html De- mark, Finland, France, Germany, Greece, tailed coverage of Canadian bargaining in this fi eld, Ireland, Italy, the Netherlands, Norway, including contract language and bargaining check- Sweden and the United Kingdom. 10 lists, can be found in The MORE we get together – Dis- The frequency and scope of these pro- ability rights and collective bargaining manual, Canadian Labour Congress. www.clc-ctc.ca/web/rights/dis- visions vary from country to country, but abled/pdf/manual.pdf their central aim is always to ensure that 11 Personnes handicapées – où en est la CFDT dans la workers with disabilities can play their prise en charge du dossier?, Jean-Luc Blaise, Bierville, full part in the workplace, the union and March 2003. www.cfdt.fr/actualite/emploi/handi- society at large. capes/dossier_personnes_handicapees_04_02.htm

28 France improves protection for people with disabilities

Adopted in February 2005, a law “on equal rights and opportunities, participation and citizenship for people with disabilities” is having a positive impact on disability rights in France.

Philippe Réau Journalist Confédération française démocratique du travail (CFDT) (French Democratic Labour Confederation)

eldom has draft legislation gone (the UMP and UDF). What the unions and Sthrough so many changes. The par- the opposition parties object to most is liamentary muddle surrounding this Bill the gap between the political will to dis- lasted for more than two years. The law criminate positively – in order to promote reforming France’s 30-year-old system integration – and the fi nancial resources for the integration of people with disabil- made available, which are seen as insuf- ities was fi nally adopted at the beginning fi cient, inadequate and badly distributed. of February 2005, after much toing and The fi nance will come mainly from a new froing between the Government and its solidarity fund, set up by legislation in parliamentary majority. The replacement 2004, which will also help to promote the of the Secretary of State also complicated autonomy of elderly dependants. Most of the debate in both chambers, as they the money will come from the abolition sought to straighten out a badly drafted of one public holiday, via a 0.3 per cent piece of legislation. But the political will wage levy, which employers will pay into was certainly there. Disability issues are the fund. Opponents of this measure, in- one of the three “big projects” to which cluding all the trade union organizations, President Jacques Chirac has given prior- see it as a source of inequality since only ity, the other two being the fi ght against wage-earners will have to contribute, cancer and the promotion of road safety. whereas the logic of integration would Moreover, sustained pressure from the require that all incomes should be con- unions, associations and civil society cerned by a national solidarity scheme of in general helped to shape a law which this kind. should, ultimately, improve the lot of France’s 5.5 million people with disabilities. But some 80 enabling regulations still “Real progress” have to be published if this new French social orientation is to become a reality On the other hand, the overall integration by 1 January 2006. structures now established “represent real Rejected by the parliamentary opposi- progress” according to organizations such tion (the Socialist Party, the Republicans, as the CFDT (French Democratic Labour the Greens and the Communist Party), Confederation). “Even if it falls somewhat the new law on “equal rights and oppor- short of expectations, this law neverthe- tunities, participation and citizenship less provides many concrete responses,” for people with disabilities” was fi nally adds the FNATH, the national federation voted through by the right-wing majority representing accident victims and workers

29 with disabilities. The new legislation over- ness has not been overwhelming. The hauls a law dating from 1975, which laid number of unemployed and jobseekers the foundations for disability assistance among French workers with disabilities in France. The underlying principle is full is proportionately three times higher civic and social integration for all, what- than in the able-bodied population, i.e. ever the nature or degree of their disability. 27.6 per cent as against a national average Generally, the new law moves disability of 9.5 per cent (see below). The system is assistance structures on from a philoso- based on the obligation, for private sector phy of tolerance and aid to one of equal enterprises with more than 20 employees, treatment, while reaffi rming the principle to ensure that at least 6 per cent of the of non-discrimination. In this respect, the workers on their payroll are people with most important gains from a trade union disabilities. Enterprises that do not com- point of view are the measures in favour of ply with this requirement are required occupational integration. In particular, the to pay a contribution to the Association law belatedly brings France into line with for the Management of the Fund for the the November 2000 European directive Occupational Integration of Persons with on equality of treatment in employment Disabilities (Agefi ph). This is a paritary and at work. That right to non-discrimin- employer–union body which channels ation is reaffi rmed by the charter of fun- the funds into specifi c training but also damental rights built into the European into innovation, research and expertise Union’s draft constitutional treaty. Thus, on workplace adjustment and adaptation. the employer’s duty to take “appropriate Agefi ph also campaigns for action by measures” (reasonable adaptations) is business to promote the employment of incorporated into the non-discrimination people with disabilities and helps fi nance chapter of the French Labour Code and dedicated job placement structures. These the general statutes governing the public are grouped in a network (Cap emploi) ser vice. This means that employers are and work in cooperation with the main obliged to adjust people’s working hours in National Employment Agency. order to take account of their disability, and The 2005 law should plug some gaps this right also applies to an accompanying in the system by strengthening the obliga- person. A refusal to take these “appropri- tions on employers but also by bringing ate measures” may be considered an act of in incentives. In point of fact, only 46 per discrimination. Another trade union gain cent of enterprises fulfi l their hiring obli- is the duty placed upon the social partners gations, and the current overall employ- to negotiate the integration of workers ment rate for workers with disabilities is with disabilities into the workplace, and just under 4.1 per cent. The new law beefs the maintenance of their presence there. up the fi nancial penalties, raising them These points are to be incorporated in col- from 500 times the legal minimum hourly lective agreements. The negotiations are to wage to 1,500 times for enterprises that be held annually at the workplace level and have failed to employ any workers with every three years at the sectoral level. disabilities for more than three years. On the other hand, fi rms that have invested in integration measures (for instance, sign Better workplace integration language interpreters or social assistants) will be able to deduct these costs from The trade union organizations and the their Agefi ph levy. associations secured a reform of the system for integrating people with disabilities into the private sector, which in France is based on a binding legislative structure dating from 1987 – the only one of its kind in Europe. But its effective-

30 Same obligations for the public sector Other measures in the law

One of the innovations in the new law is One of the major innovations in the law is the creation of a public sector fund similar a “compensatory benefi t” aimed at improv- to Agefi ph. The public service, which up ing living conditions for those concerned. to now had a duty to hire, but no corres- It will help to alleviate the consequences of ponding fi nancial obligations, does not a disability through technical assistance have a much better record than the private (adaptation of a dwelling, purchase of a sector. Within the State and local authority wheelchair, etc.) or human assistance (a services, just 4.3 per cent of the workforce home help), in line with the person’s own have disabilities. Trade unions regret the plans and ambitions. This will be in addi- slow pace of change envisaged for the tion to the assistance currently available, public service, where the new integration and 160,000 people should be eligible for the structures will be phased in over 10 years. new benefi t. The unions and the associa- The law also reforms the so-called tions had to fi ght hard to get proposals for “sheltered” private sector, which used means-testing and age criteria dropped, so to consist of the “sheltered workshops”, that this benefi t will be truly “universal”. the “Aid Through Work centres” (CAT) In the last stages of the legislative and the jobs provided by a homeworking process, another long-standing demand centre. Only the CAT have been retained, of the associations was partially met. and these will continue to be medico- A Resource Guarantee for People with social institutions. General labour law Disabilities (GRPH) is to be introduced. will not apply there, but the people with It will provide € 140 per month to people disabilities will enjoy new rights such as who are unable to work. This is over and leave entitlements, access to training and above the Adult Disability Allowance a minimum remuneration pegged to the (AAH). So the two together will amount legal minimum wage. CAT workers’ evo- to € 728, which is 80 per cent of the legal lution towards normal employment will minimum wage. This does not entirely be encouraged. For instance, it will be satisfy the associations, which had sought possible for a CAT worker to be seconded the equivalent of the net minimum wage to a fi rm for a trial period, and then to (about € 910 for a 35-hour week). The un- move back to the CAT if he or she is not ions welcome the increased resources, but taken on permanently. Meanwhile, the warn that this guarantee should not run sheltered workshops are being moved out counter to employment by inciting people of the “sheltered” sector and will become to regard themselves as unable to work. “adapted enterprises”. They will be subject As the CFDT emphasizes, “Work is the to the normal Labour Code, thus fulfi lling most vital factor in social integration.” a trade union demand. They have, how- In this respect, the wording of the future ever, retained one characteristic that marks regulations will be decisive. them off from ordinary workplaces. They The unions also welcome the introduc- will be the subject of an agreement with tion of a € 100 autonomy benefi t for the the State, which will pay a per capita grant disabled jobless and a pension top-up for for each employee with a disability. As those workers with disabilities who are regards pay, all references to profi tability entitled to retire on a full pension before will be omitted and wages will have to at they turn 60. However, there are still some least equal the legal minimum. However, doubts about the fi nancing of this last the trade union organizations do have one measure. reservation about this regular workplace Meanwhile, the new package puts an status. They see a risk that the new set-up end to the segmentation of tasks between could fi nance low-cost production by em- the three local government services which ployers who might be tempted to develop were, up to now, charged with distributing enterprises of this kind. benefi ts to people with disabilities. These

31 agencies have now been merged into one solidarity. A change of outlook is particu- single “disability house” per département larly needed within fi rms, which have a (roughly the French equivalent of a county). clear social responsibility to promote inte- Each “house” will be a one-stop shop for in- gration. Only fi ve companies in the CAC formation and administrative formalities, 40 (the top 40 stocks on the Paris Bourse) which should therefore become simpler. currently comply with the quota of 6 per Several measures were hotly debated. cent of employees with disabilities … So Here, the law lays down principles but is there is still a long way to go. sometimes rather hazy about their implementation. For instance, schools will have a duty to accept children and adolescents Disability and employment in France with disabilities. In principle, the law provides a right to enrol in the nearest regu- Almost 5.5 million French people between lar school, but also permits enrolment in the ages of 20 and 59 believe they have a a specialized establishment if necessary. disability, but less than half of these are The issue of accessibility, a public-planning recognized as disabled. At the end of 2003, black spot in France, brought intense pres- the active disabled population was 888,000, sure from lawmakers trying to delay the of whom 643,000 had a job and 245,000 large-scale investments needed. Finally, were seeking employment. At 45 per cent, under heavy fi re from the associations, compared with 70 per cent for the popula- the Government grasped the nettle and tion as a whole, the activity rate for people set a ten-year deadline for full accessibility with disabilities remains particularly low. of public transport, dwellings and public Of those with jobs, 500,000 are employees spaces. Where this is impossible, as in the in regular workplaces (150,000 in the public case of some types of transport, substitutes service and 350,000 in the private sector), must be provided. Here too, the wording 120,000 work in sheltered environments of the regulations will determine the true and 23,000 are self-employed. Among the scope of these legal requirements. jobseekers, 27 per cent are over 50 years Finally, public service television is re- old (as against 15 per cent for the popula- quired to make its programmes accessible tion as a whole), 45 per cent are skilled or for deaf people within fi ve years. And a unskilled blue-collar workers (23 per cent very old demand of the deaf people’s as- for the French labour force as a whole) sociations has fi nally been met with the and 41 per cent have been unemployed recognition of sign language as a full lan- for more than a year (30 per cent for the guage in its own right. population as a whole). These important developments in In 2003, only 46 per cent of enterprises disability rights – which, as mentioned, met the obligation that 6 per cent of their have in part been made necessary by employees should be people with dis- European legislation on non-discrimin- abilities. Of the 54 per cent of fi rms that ation at work – should enable French pay compensation to the Agefi ph, half society to take a qualitative leap forward. employ no workers with disabilities. On They give citizens with disabilities new the positive side, 87 per cent of employers opportunities to break out of their isola- who hired a worker with a disability say tion by moving beyond the structures of they were glad to have done so. The corres- exclusion within which the French system ponding fi gure for fi rms with more than often confi ned them. But this will not hap- 250 employees is 97 per cent. Employees pen without national solidarity – in other with disabilities also have the approval words, the solidarity of all the French. The of their fellow workers, three-quarters of more their mindsets evolve on this issue, whom see their presence as a positive fac- the more they will be inclined to show that tor in their workplace.

32 Inclusive workplaces – Norway’s tripartite agreement

Getting more people with reduced functional capacities into work is one of the main aims of the tripartite “IA agreement” (inclusive working life agreement) signed in October 2001 by the Norwegian Government and the social partners.

Lene Olsen Bureau for Workers’ Activities ILO

world of work which creates equal disabled or those who are at the end of A opportunities and provides room for their working career – i.e. older workers. all is an aim to which Norway has been The participation of all the partners in strongly committed ever since the early society is needed. It has been a traditional post-war period. However, due to a much feature of Norwegian industrial relations tougher labour market and new employ- that tripartite consultations are held on ment relationships, differences have been social and economic policy concerns. In increasing in recent years. This is par- order to achieve a more “inclusive working ticularly true for people with a reduced life”, the Norwegian Government and the functional capacity (employees who are social partners signed a statement of intent, restricted in their choice of occupation, the “IA agreement”, on 3 October 2001. employees undergoing vocational reha- The agreement is for a trial period of four bilitation, and persons receiving disability years, running until 31 December 2005. benefi t who have been reactivated). 1 These workers often have more diffi culty in fi nding a job and face much higher risks of Background to the agreement becoming unemployed. The Norwegian Confederation of Trade In mid-2001, increasing sickness absence Unions (LO), Norway’s largest workers’ and a growing number of disability bene fi t organization, has made “Work for all” the recipients raised concern among the ma- number one aim of its Programme of Action jority of political parties and employers for 2001-2004, and one of the target groups is about the current sick pay scheme and the the disabled. The action programme states: resultant costs for the National Insurance “Vulnerable groups must be given priority. Scheme (Folketrygden). These issues were This particularly concerns older workers, put on the political agenda, and the Labour the disabled, exposed groups of single Party (Det norske Arbeiderparti, DnA), parents, immigrants and those with few or which was in offi ce at the time, signed the outdated skills. The framework conditions IA agreement with the social partners. for employing occupationally handicapped The agreement’s three main objectives are: 2 people must be improved.” However, the To reduce the sickness absence rate by involvement and work of the trade unions 20 per cent over the period 2001-05, alone are not suffi cient to create a labour market which also makes room for those To make more jobs available for dis- whose performance is not always 100 per abled employees, and cent, those with temporary or permanent To increase the average actual retire- functional impairments, those who are ment age.

33 The parties undertook to strive for ministrators of the state schemes. To boost these objectives, and in return the Gov- the employment of workers with disabil- ernment gave a commitment that it would ities, the Government has undertaken to not change the present sick pay scheme. In bring in – and/or to substantially increase particular, it would not decrease payments – the wage subsidies for companies recruit- to workers or increase the employers' share ing/employing such workers. of the fi nancial burden. 3 The Institute for Applied Social Sci- ence (Fafo) 6 has been putting together several reports on different aspects of the How does the agreement work? IA agreement project. One of these 7 states that Fafo sees the agreement as one of the The actual workplace is the main focus most important reforms in Norwegian of the IA agreement. It is by encouraging working life and public administration for dialogue between workers and employers many decades. The agreement changes the that preventive solutions can be found relationship between welfare and work. for the problem of sickness absence. At It focuses on the workers and employers the same time, ways can be discussed and its aim is that problems emerging in of integrating more people with reduced working life should be resolved within the functional ability into the workplace. It is workplace. Social security schemes are therefore the company itself that decides now to support the solutions identifi ed to sign the cooperation agreement with the within the workplace, rather than respond- authorities (the National Offi ce for Social ing to the problems. The emphasis is on Insurance), thus becoming a so-called preventing problems, instead of tackling a “IA company”. The fi rst paragraph of problem which has already occurred. The this agreement states its purpose: “… The nature of the social security schemes is Tripartite Agreement presupposes that therefore changing. Rather than carrying employer and employees have agreed to out repairs, they are now participating in work in partnership to achieve the objec- wealth creation within society. tive of a more inclusive workplace. It is the intention of this agreement that the management and employees in the enterprise Evaluation and new efforts shall work to promote a better work environment. Efforts to achieve a more inclu- The parties to the agreement meet twice sive workplace are part of the enterprise’s a year to discuss various elements within systematic health, safety and environment it. A more wide-ranging evaluation was programme (internal control).” 4 By mid- made in the autumn of 2003, when the November 2004, 1,087,706 employees were agreement had been in force for two years. 8 employed by IA companies, i.e. 57 per cent Despite the meagre results achieved up to of the entire workforce. This represents that point, both the social partners and the 7,340 workplaces all over Norway. 5 Government supported the continuation Different tools are provided by the au- of the agreement. In fact, sickness absence thorities in order to support the partners in had continued to increase and there was achieving the three different objectives of a decline in the labour force participation the agreement. The Government supports rate of people with disabilities. It is impor- the companies and the workers through tant to bear in mind that the initiative was various schemes, either fi nancially or by developed at a time of economic recession providing support services – for instance, and high unemployment in Norway. It is in the case of adjustments within the work- well known that vulnerable groups such place. The National Insurance Administra- as people with disabilities experience tion, the Public Employment Service and greater diffi culties during such periods. the Directorate of Labour Administration This might be one of the reasons why em- are involved in the agreement as the ad- ployment was not increasing within this

34 group. The social partners also argued people with reduced functional capacity that it was too early to assess the effects have been integrated within different of the agreement. They agreed that new workplaces. measures should be introduced in order One of the examples shows how a visu- to take full advantage of the opportunities ally impaired person was hired by Aetat generated by the accord. 9 in Oslo (one of the Norwegian public em- In response, LO Norway and its employment services) and how the employer ployer counterpart the Confederation of provided technical aids and took ergo- Norwegian Business and Industry (NHO) nomic measures to facilitate this person’s launched a campaign in August 2004 integration into the workplace. called “Ny Giv” (new effort). During the Mr. Birger Kjelbye says that Aetat has autumn of 2004, nine regional conferences been acting in a very positive way and were held across the country in order to adds that he has not encountered any bar- exchange information and experiences riers within the workplace. “Each to his about the agreement. Regional networks own. The individuals concerned are the are being established to support compa- best placed to discuss their own needs. nies with forums for the exchange of views Unfortunately, there is a tendency to focus and experiences. The networks also pro- only on limitations. It is important to vide the companies with better access to focus on solutions, and to take a positive different tools, such as courses, informa- attitude.” 12 tion and materials. A website has been set up to support this drive. 10 In her speech at the launch of the campaign on 17 August Positive results emerging 2004, Ms. Gerd Liv Valla, the President of LO Norway, welcomed the continuation All the speakers at the launch of the “Ny of the agreement and stressed that those Giv” campaign stressed the need for pa- companies which take the agreement tience before seeing positive results of the seriously do see results. Financially, LO agreement. Mr. Olav Støylen, President of Norway and NHO have contributed no the Norwegian Union of Chemical Indus- less than 3 million Norwegian crowns try Workers (NKIF), cited the “three Ts” (approximately € 375,000 or US$450,000) rule: Things Take Time. It was therefore to the “Ny Giv” campaign. very satisfying to see that new fi gures from Other actors concerned by the agree- Statistics Norway (Statistisk Sentralbyrå, ment have also made extra efforts to SSB) published in August 2004 showed the raise awareness. In June 2004, Norway’s emergence of positive results from the IA National Insurance Administration agreement. In 2004, the employment fi g- invested for the fi rst time in a poster ures for people with disabilities were up by campaign to change some common atti- 36,000 since 2003, from 184,000 to 220,000. tudes about disabled persons’ skills and The increase was greatest for those aged working capacity. One of the slogans was under 40. The employment growth was “Some people thought he would cripple equally strong for women and for men. the company”. 11 Five different posters fo- In the late summer of 2004, the Gov- cusing on disabled persons’ skills were ernment published a work plan to recruit displayed in buses all over the country. people with disabilities into the state sec- The National Insurance Administration tor over a two-year period. The objective has also published a brochure entitled was that 5 per cent of all new recruitments Et inkluderende arbeidsliv. Gode eksempler. in that period should be of persons with Redusert funksjonsevne og aktiv i arbeidslivet disabilities. This shows that the partners (An inclusive working life. Good exam- are taking the agreement seriously. The ples. Reduced functional capacity and Labour Minister, Mr. Dagfi nn Høybråten, active participation in working life). has also challenged business and local gov- This gives several good examples of how ernment to establish their own targets.

35 Conclusion that, the National Insurance Scheme is responsible for covering the sickness absence. In a budget pro- The commitment of all the parties has been posal for 2005, the Government proposes to change parts of the present sick pay scheme – to reduce the a precondition for the establishment and number of days covered by employers to 14, but to the implementation of the IA agreement. increase their participation in salary compensation, Without the dedication of all the partners, by co-fi nancing 10 per cent of the compensation dur- no positive results would have emerged. ing the whole sickness absence period. The Govern- ment says that the lack of results from the IA agree- This is particularly true for the workers ment is the main reason for this proposal. The em- and the employers since the main aspect ployers’ and the workers’ organizations have asked of the agreement is the efforts carried out the Government to withdraw the proposal, claiming at the workplace. The Inclusive Working that they breach the agreement. Both the employers’ Life (IA) Agreement is regarded as one of and the workers’ organizations are shocked that the Norwegian Government does not consider a written the most important tools for developing agreement binding during its period in force, and are and improving the working environment very concerned that the Government is putting its at the workplace, 13 as it ensures a place in cooperation with the social partners at stake in this working life for as many people as pos- way. They hope that Parliament will reject the proposal. (Source for the information about the budget sible. Hence, it leads to a fairer distribu- proposal: “Regjeringen bryter IA avtalen”, in LO Ak- tion of work within the Norwegian labour tuelt, No. 18, 2004, p. 15.) force. This is important, as exclusion is 4 National Insurance Administration. Coopera- often seen as a source of social and cultural tion agreement on a more inclusive workplace. www. problems, and reducing this exclusion is to trygdeetaten.no/generelt/Pub/samarbeidsavtale_ the benefi t of society as a whole. eng.pdf In addition to facilitating the provision 5 National Insurance Administration. www.try- of technical assistance and ergonomic gdeetaten.no/arbeidsliv/pdf/ia_avtaler.pdf 6 measures, a change in attitude has been Fafo. www.fafo.no needed in order to include persons with 7 Eivind Falkum. Inkluderende organisasjons- disabilities in the workplace. It has been former, Noen refl eksjoner om organisering av Inkluder- ende arbeidsliv, Fafo-notat 2003:18 (Oslo, 2003). necessary to stop focusing on limitations 8 Companies sign up to agreement on “inclusive but rather see people’s potentials and op- working life”, EIRO, 2003. www.eiro.eurofound. portunities. As Mr. Cato Zahl Pedersen, eu.int/2003/01/feature/no0301104f.html a former athlete and member of the 1994 9 “Inclusive working life” agreement prolonged des- expedition “Armless to the South Pole”, pite failure to achieve objectives, EIRO, 2003. www. said at the “Ny Giv” campaign launch in eiro.eurofound.eu.int/print/2003/11/feature/ August 2004, we should not talk about dis- no0311104f.html abled people – but people who are “abled 10 www.fellestiltak.no/nygiv/?PHPSESSID= differently”! 0ea2915a896fee404ecc3d90ca6d7efb 11 www.trygdeetaten.no/default.asp?strTema= arbeidsliv&path=inkluderende&path_sub=funks Notes jonshemmede_mri_mrarbeid_mr(english) 12 National Insurance Administration. Et inklud- 1 Ministry of Social Affairs. Summary of White erende arbeidsliv. Gode eksempler. Redusert funksjonsevne paper no. 40 (2002-2003), Dismantling of Disabling Bar- og aktiv i arbeidslivet [An inclusive working life. Good riers. Strategies, objectives and political measures aimed examples. Reduced functional capacity and active at persons with a reduced functionability, Oslo, p. 43. participation in working life], 2003, p. 19. http://odin.dep.no/fi larkiv/220598/SLE-engelsk- 13 stmeld40-2002-2003.pdf Summary of White paper no. 40 (2002-2003), Dismantling of Disabling Barriers. Strategies, objectives 2 LO Norway. Programme of action 2001-2004, and political measures aimed at persons with a reduced func- Oslo, pp. 9-10. www.lo.no/lobasen/FileServer/pro- tional ability. http://odin.dep.no/fi larkiv/220598/ grammeofaction-crop.pdf?documentID=536 SLE-engelsk-stmeld40-2002-2003.pdf 3 Today workers receive 100 per cent of their salary in compensation for the fi rst day of sickness ab- NB: All web pages referred to were accessed in Novem- sence. The employer covers the fi rst 16 days. After ber 2004.

36 Vocational training for disabled people in Ukraine

Integrating people with disabilities into working life requires active cooperation between the public authorities and the social partners. In Ukraine, an ultramodern training centre was set up with ILO assistance in 2002. The first results of this venture prove that disabilities are not an insurmountable barrier to finding a job.

Samuel Grumiau Journalist

eterans of the war in Afghanistan, The Ukrainian Government funded Vvictims of the Chernobyl nuclear most of the adaptations to the centre, and disaster, casualties of the many mining it also pays its current running costs. The accidents in the Donbass region … accord- ILO made a substantial contribution by ing to offi cial statistics, almost 2.7 million equipping two IT classrooms and buying people in Ukraine have a disability. Until three specially equipped minibuses to a few years ago, vocational training that transport the disabled people, as well as a matched these workers’ needs was in car. Another important source of funding short supply. So they remained depend- is an ILO-UNDP (United Nations Develop- ent on their families, who already found ment Programme) project fi nanced by the it diffi cult to make ends meet. Swiss Government. This project has devel- But things started looking up in 2002 oped modular occupational training pro- when the Ukrainian Vocational Train- grammes. Some Ukrainian trade unions ing Centre for People with Disabilities also decided to partner the centre. Among opened in Lutizh, in the Vishgorod region them is a locomotive drivers’ union which 40 kilometres from the capital, Kiev. Built helped to equip the mechanics workshop. in a woodland setting, the centre can accommodate up to 150 physically disabled people. The training covers 12 occupations, Communicating positive experiences ranging from typing, secretarial services, social work and bee-keeping to IT and Another way in which the ILO helped to mechanics. Lasting between two months set up the centre was by fi nancing various (crafts) and fi ve and a half months (IT), feasibility studies and several trips by the the courses are completely free of charge project’s promoters to Linz, in Austria, to the disabled people. Their board, lodg- where there is a very effi cient, long-es- ing and medical care are covered by the tablished occupational re-education cen- centre, which maintains high standards: tre. About 20 of the Lutizh trainers were very clean, comfortable rooms, ultra-mod- themselves trained in Linz, thanks in part ern medical equipment, and all kinds of to support from the ILO and the Austrian special facilities to make life easier for the Government. They are now spreading participants (disabled toilets, ramps in their know-how to less modern centres all the corridors, covered walkways to fa- throughout Ukraine. “There are several cilitate movement between the buildings, dozen of these centres right across the even in winter, and so on.). The centre also country,” says Dr. Mycola Avranmenko, boasts a swimming pool with a special lift the director of the Lutizh centre, “but to ensure access for all. their working methods and practices are

37 not standardized, as they are run by differ- The Lutizh centre does not want dis- ent types of organization (NGOs, regional abled workers to be handed everything on governments, etc.).” a plate. They are helped on their way, but So Lutizh is gradually becoming a ref- they also have to make an effort themselves erence point for Ukrainian health profes- if their integration is to succeed. There is sionals specializing in care for people with a need to change the mentality inherited disabilities. “One of the centre’s functions from the former Soviet Union, where the is to advise on occupational training for State gave money and nothing else. “Some workers of this type,” explains Vasyl Kos- of them might be tempted to play on the trytsya, the ILO’s national contact point in Ukrainian people’s feelings of compassion Ukraine. He put a lot of work into creating and might expect the State to do everything the centre. “It trains other specialists from for them,” Dr. Avramenko warns. “But we the regional and local vocational training tell them the exact opposite: by providing centres for people with disabilities. These this training, the State is giving them a centres are less well equipped than the chance. It’s up to them to take it. We don’t Lutizh one. It is neither indispensable nor want them to see themselves as beggars, possible to replicate such investments in but as contributors to society.” For those all four corners of Ukraine, but they can who want to take their training further, the draw on this expertise.” centre has established contacts with fur- One priority of the Lutizh centre is ther education institutes that can receive to help disabled people to fi nd employ- them. So a whole network of relationships ment after training. “We work with the has been built to ensure a better future government job placement services, but for people with disabilities in Ukraine. also directly with the employers,” the “This is an excellent example of coopera- centre’s director notes. “For instance, if a tion between the ILO, UNDP, government, former miner has had a limb amputated the social partners and NGOs specializing and we provide him with IT training, we in assistance to people with disabilities,” may contact his ex-employer and negoti- Vasyl Kostrytsya emphasizes. ate to fi nd him an appropriate job. But in Almost 200 workers keep the Lutizh general, job placement for our trainees is centre running smoothly – teachers, primarily the task of the regional employ- therapists, caretakers, cooks, and so on. ment services.” “Most of them are very enthusiastic and are strongly motivated by this work,” notes Dr. Avramenko. “Some of them even Disabled employment rising fast come in during their weekends. That’s how involved they are in our training.” Between 60 and 65 per cent of the Lutizh One of the problems facing the centre is trainees have subsequently found employ- that it is outside Kiev, where most of the ment. “This has helped to raise the number scientifi c institutions are based, and can- of disabled Ukrainian workers in em- not be reached by public transport. So it ployment from 290,000 in 2001 to 368,000 is not easy to attract specialists from the today,” Vasyl Kostrytsya calculates. “This capital. The minibuses and car bought by encouraging trend is attributable to all of the ILO make it possible to overcome this the country’s occupational training cen- diffi culty by laying on transport for these tres, but also to increased efforts by some highly qualifi ed staffers. The vehicles also job placement agencies and to a rise in the transport the trainees to Kiev, amongst number of disabled people setting up their other things for medical check-ups, and own businesses.” The public authorities take them to the railway stations or the are also doing their bit. For instance, they airport if they come from far away. have established a prize for the employer Given the number of people with who is most active in bringing disabled disabilities in Ukraine, those fortunate people into work. enough to secure a place in Lutizh have

38 to be selected. The choice is mainly down By the way, some of the centre’s walls to the various regional administrations, are covered in posters publicizing the which take account of such factors as trans- ILO’s core standards and its programme port possibilities, the type of disability and for the elimination of child labour, IPEC. the candidate’s chances of fi nding employ- Courses on HIV in the workplace are given ment after any given course of training. to the centre’s staff and trainees. As in other similar centres elsewhere in In future, Dr. Avramenko would like Ukraine, the great majority of the Lutizh to equip the centre to provide vocational trainees are aged below 40. “We would also training to blind people. To do so, he will like to train older people with disabilities,” need to raise funds for teaching materials the centre’s director says. “But they often in Braille and specially adapted comput- lack the motivation, particularly as they ers. “Another of my dreams is to develop get close to pensionable age. The younger complete sports installations for people ones are more ambitious about improving with disabilities. We already have a pool their standard of living and becoming fi - and a fi tness room and we are surrounded nancially independent.” by forest. I would now like to fi nd funding There is also plenty of “extracurricu- for ball game fi elds and tennis courts.” The lar” life at the centre. Apart from sporting Ukrainian athletes who won no less than activities, it organizes various cultural ac- 24 gold medals at the 2004 Athens Para- tivities at the weekend: singing, theatre, lympics could inspire others to follow suit. guest artists, musical evenings and visits to Kiev.