A Case for Employment Quotas for Persons with Disabilities in the Public Service Hassan Waddimba, East Africa Center for Disability Law and Policy (EA-Cdlp) Presented at the first meeting of the National Task Force on Inclusive Employment on September 27, 2018.

Background Uganda has a disability prevalence of 12.4%, 80% of whom are of working age and live in long-term poverty with limited access to education, health facilities and employment services. Several studies highlight inequalities in access to the open labour market for persons with disabilities, characterized with stereotypes and discrimination. Government has expressed vivid commitment to end discrimination against persons with disabilities in employment, though little or no achievements are documented.

Approaches to Inclusive Employment Equality of Opportunity Approach Commonly in use by the U.S., based on anti-discrimination laws, and mandates employers to provide reasonable accommodations for persons with disabilities. The approach guarantees remedies against discrimination and allows for flexible responses to specific circumstances. However, it creates problems for employers in determining what constitutes discrimination.

This approach in Uganda is evident through international, regional and national legislations. International instruments include the UDHR, and the CRPD. Regional instruments include the ACHPR, and the EALA Act and Policy on Disability. National legislations include the Constitution; Persons with Disabilities Act; Employment Act; National Policy on Disability; National Employment Policy; Employment Regulations. Uganda has also established institutions to enforce and monitor the implementation the anti-discrimination approaches, including the National Council for Disabilities; Equal Opportunities Commission; Uganda Human Rights Commission; and the Department of Disability and Elderly at the Ministry of Gender, Labour and Social Development.

Approaches to Inclusive Employment Employment Quotas Approach Based on employment quota systems, premised on a distinction between people with disabilities and people without disabilities, and mandates the employment of people with disabilities according to established numerical standards. The approach is able to secure positive effects within certain parameters, but is characterized by an inadequate perspective on the equal treatment of people with disabilities and on prohibitions against their discrimination, and lacks a sense of association between disabilities and job performance. It involves imposing hiring quotas with the possibility of rewards for fulfillment, or severe penalties for breach.

The setting of a quota means that the state establishes a minimum number of jobs to be ensured by the employers to hire persons with disabilities. The quota is set as a percentage of each employer's personnel, without account for jobs involving heavy work or work with harmful or hazardous labour conditions. Quotas can be introduced by law or through a government decision or regulation. Under a quota-levy scheme, a binding quota is set and all covered employers who do not meet their obligations are required to pay a levy. The money raised through such a quota scheme is transferred into a fund to support the employment of Persons with disabilities. Countries effectively implementing the quota system include Rwanda, Kenya, Austria, France, India, China, Germany and Japan.

In Uganda, Section 13(3) of the Persons with Disabilities Act gives the Minister authority to determine a quota or percentage of Persons with disabilities to be employed. Section 17 initially provided for a 15% tax deduction for all employers who employed 10 or more persons with disabilities. This was amended by the Income Tax Amendment Act of 2009 to provide for 2% tax deduction for employers with 5% or more persons with disabilities as part of their workforce.

Limitations of both Approaches in Uganda Low sensitization about the anti-discrimination laws. Almost no enforcement as well. It is impossible to determine what constitutes indirect discrimination. There has been no enforcement of Section 13(3) of the Persons with Disabilities Act, hence, no employment quota is implemented in the public sector. Low sensitization about the existing private sector quota and its application. There are no clear regulations in regards to implementation of Section 17, or its amendment. Gains from the existing private sector quota are not documented. There is no exemplary action from government in regards to employment of persons with disabilities.

Recommendations Benchmark practices from nearby States implementing employment quotas alongside anti-discriminatory laws; Undertake a situational analysis on the employment of persons with disabilities in the public sector; Enforce the implementation of Section 13(3) to promote public sector employment of persons with disabilities; Create awareness amongst employers on the potentials and rights of persons with disabilities in the workplace; Develop stringent administrative policy guidelines for the implementation of private sector employment quotas for persons with disabilities;

Develop a mechanism for periodic reporting on the situation of persons with disabilities in employment; Develop an elaborate employment affirmative action program for persons with disabilities in the public sector; Provide for representation of persons with disabilities at the Public Service Commission and District Service Commissions; Determine employment quotas for foreign investors establishing new businesses in the country.

East Africa Center for Disability Law and Policy (EA-CDLP) Block 216, Plot 2855 Ntinda-Kiwatule Road Email: info@ea-cdlp.org Tel: +256 392 0019 61 Website: www.ea-cdlp.org