TOWARDS IMPLEMENTING THE PERSONS WITH DISABILITIES ACT 2003: ACCESS TO EMPLOYMENT Federation of Kenya Employers

Introduction: Federation of Kenya Employers  The Federation of Kenya Employers (FKE) is the national umbrella organization for employers in Kenya and its key mandate is to promote the interests of employers.  FKE seeks to ensure that national labour and social policy provides an environment favourable to enterprise sustainability and job creation. Federation of Kenya Employers 2012

Introduction: Federation of Kenya Employers  FKE is a member of the tripartite i.e. COTU, ministry of Labour and FKE.  ILO, to which FKE is a member advances the rights of persons with disabilities through ILO vocational Rehabilitation and employment( Disabled persons) Convention No. 159 which is under the United Nations Convention on the Rights of Persons with Disabilities Federation of Kenya Employers 2012

Background Right from Independence, the new government of Kenya identified unemployment, diseases and ignorance among other issues, as some of the key challenges that needed urgent attention. Federation of Kenya Employers

Background  Though the dream to realize full employment has been elusive, Kenya is making efforts towards achieving this dream. This can be seen in a number of development strategies over the years, example Vision  The working age population in Kenya is estimated at 19.9 million persons out of which 14.6 million are economically active; 12.7 million persons are employed and 1.9 are openly unemployed Federation of Kenya Employers 2012

Background  According to the 2009 census estimates, 4.6% of the Kenyan population are people living with disabilities (1.75 million people).  Records held at NCPWD indicate that 125, 000 have been registered, of this figure only 3,500 have applied for tax exemption, this is the team that is in meaningful employment. Federation of Kenya Employers 2012

Progress in Mainstreaming Disability  Some progress has been made in mainstreaming Disability but a lot has to be done for the objectives to be met. This can be seen in the measures undertaken by some companies as outlined below. Federation of Kenya Employers 2012

Progress in Mainstreaming Disability  Training on disability mainstreaming has taken place in some organizations example is Kenya Airways.  Some companies have constituted disability committees which deal with disability mainstreaming issues  Disability mainstreaming is a performance objective in some companies; Bamburi Cement has taken the lead. Federation of Kenya Employers 2012

Progress in Mainstreaming Disability  A few organizations have put in place an affirmative action to help absorb persons with disabilities into jobs, this needs to be adopted by many more organizations.  Nairobi University has adapted an affirmative action for persons with disabilities following an announcement to absorb any disabled persons with a mean grade of C+ and above to a course of their interest. This is expected to raise skills among the disabled. Federation of Kenya Employers 2012

Progress in Mainstreaming Disability  Some organizations now emphasize consideration for persons with disability in their advertisement should they meet minimum requirements  Some workplaces have already worked on their buildings to make them disability friendly by providing ramps and other disability friendly facilities. (A lot needs to be done in this area) Federation of Kenya Employers 2012

Measures to be taken in implementing the policy  FKE will endeavor to support in mainstreaming by creating awareness among its member employer organizations during membership forums and trainings conducted.  FKE shall encourage members to adapt their work places to be disability compliant by creating ramps and other necessary facilities to make our colleagues comfortable Federation of Kenya Employers 2012

Measures to be taken in implementing the policy  Members will be encouraged to adopt affirmative action in order to attain the required 5% disabled employee population  FKE shall partner with NCPWD in an effort to coin out relevant messages to pass to the employer fraternity through the our platform Federation of Kenya Employers 2012

Gaps and Challenges in implementation of the Act  The biggest gap facing the implementation of the act is lack of a clear machinery to ensure enforcement of non implementation of the various articles  Lack of awareness by the disabled makes it very difficult for them to understand their rights and seek support at the right time.  Lack of adequate special education facilities relevant to the disabled to equip them with skills to enable them access gainful employment Federation of Kenya Employers 2012

Gaps and Challenges in implementation of the Act  Stigma amongst the parents of the young disabled; they end up hiding them instead of taking them to school to acquire necessary skills. Stigma among the disabled, they resign from jobs because of this problem.  Lack of proper awareness to the general public, employers, business fraternity on the various articles of the act Federation of Kenya Employers 2012

Ways of monitoring progress  There has been no clear way of monitoring progress however there are proposals on how this can be done;  Disability mainstreaming should be embedded in the performance management system of every organization with clear objectives to be achieved and resources allocated.  There should be clear structures to monitor implementation and enforce non implementation. Federation of Kenya Employers 2012

Strategies for enhancing implementation of the Act  Clear strategies on awareness creation by all relevant parties should be put in place to create the required level of awareness  Creation of strategic partnerships and networks that add value to the implementation process. Federation of Kenya Employers 2012

Strategies for enhancing implementation of the Ac  Ensure implementation of the act is factored in the performance management of organization with clear responsibilities and resource allocation as well as clear targets  Have in place independent clear structures to monitor implementation and enforce non implementation Federation of Kenya Employers 2012

FKE as a strategic Partner  FKE will endeavour to work with the National Council for Persons With Disabilities to ensure disability mainstreaming awareness creation among all employers THANK YOU!! Federation of Kenya Employers 2012