Decent Work and People with Disabilities: The Role of Trade Unions Debra A. Perry Senior Specialist in Vocational Rehabilitation Bangkok, Thailand

Topics  The changing concept of disability  Decent work facts and issues  The ILO principles related to people with disabilities  What can unions do?

Do you know a disabled person? What is his or her disability? What does he or she do for a living?

What is Disability? Loss of functioning Physical Sensory Intellectual Mental/Psychiatric

Dimensions of disability: People with disabilities are not a homogeneous group Type of disability –Physical –Sensory –Intellectual –Psychiatric Severity –Severe –Moderate –Mild Onset –Birth –Childhood –Adulthood Visibility –Observable –Invisible Gender makes a huge difference Causes  Birth Defect  Accident  Illness  Other

ILO Definition An individual whose prospects of securing and retaining suitable employment are substantially reduced as a result of physical or mental impairment (introduced in R 99).

Changing concepts of disability Economics of disability Human rights issue The New Disability Business Case

Changing concepts: A human rights issue From welfare to medical to social model From a charity to rights The social environment creates the disadvantages people with disabilities face

1955 ILO VR Recommendation No UN Declaration on the Rights of Mentally Retarded Persons 1975 UN Declaration on the Rights of Disabled Persons 1981 UN International Year of Disabled Persons 1982 UN World Programme of Action Concerning Disabled Persons UN Decade of Disabled Persons 1983 ILO VR (Disabled) Convention No ILO VR (Disabled) Recommendation No UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities Asian and Pacific Decade of Disabled Persons 2001 ILO Code of Practice for Managing Disability in the Workplace Second Asia and Pacific Decade of Disabled Persons Current Drafting of the UN Convention on the Rights and Protection of Persons with Disabilities International conventions and initiatives

Regional initiative by ESCAP and governments in the region to improve the situation of disabled persons Adopted the Biwako Millennium Framework of Action towards an Inclusive, Barrier-Free and Rights-Based Society Seven target areas, including training and employment Calls for rights-based, anti-discrimination policies and legislation for people with disabilities that is developed in conjunction with social partners, including workers’ organizations Asia and Pacific Decade of Disabled Persons

National approaches: changing legislation Welfare Law Charity Law, No Law Rights-based Law

Changing concepts: Disability as an economic issue People with disability among the poorest of the poor Skyrocketing costs related to disability World Bank estimate of social exclusion: US$1.37 trillion to US$1.94 trillion of global GDP or $2,486 to $5,135 per disabled person annually Finland: Disability-related spending is 13.9% GDP; 10% of labour force on disability pension in 1996 Australia: People on Disability Support Pensions---up more than 60% in last 10 years; similar statistics in Canada and UK Vocational rehabilitation and return to work of injured workers makes economic sense for the individual and society

Articulated in Unlocking Potential and AbilityAsia Managing diversity, which includes disabled workers, is a major factor in efficiency, productivity and overall success People with disabilities are good workers Hiring and retaining improves team work---group spirit People with disabilities are customers Hiring and retaining disabled and injured workers make business sense Changing concepts: The new disability business case

So why aren’t more disabled people working? What barriers to do they face?

Barriers to Decent Work Lack of policy support/integration Lack of trained and unbiased personnel Lack of support services and information geared to their needs Unequal access to education, training and employment services Negative attitudes and stereotypes Psychosocial issues Lack of accessibility Lack of data

How big is the problem? 3600 million disabled people worldwide 3370 million in Asia 3386 million of working-age worldwide 3238 million in Asia are of working age 3Only 10 percent of disabled children are in primary school 3Most live in rural areas 3Unemployment rates are double that of the general population and as high as 80 percent 3Disability and poverty are linked: 20 percent of the world’s poor are disabled

People with disabilities are: Able to work Many want to work Research shows they made good employees overall Many have work histories and skills, especially those who have work-related disabilities Disability and Decent Work

Decent work and disability People with disabilities overall –Face social exclusion, discrimination –More likely to be poor and out of the labour force--- with as many as 50 to 90 percent unemployed –Make less money when they do work at less decent jobs Injured workers –Face barriers to returning to work –Returning rates vary from 40 to 70 percent for back injured according to recent study of some Western countries (ISSA, 2002)

What is the ILO doing to improve the situation for people with disabilities?

Knowledge: Country studies, Web site, examples of good practice Advocacy: Promotion of standards, BMF, Code; engagement of social partners; raising awareness Technical assistance: Policy advice, projects, awareness training, technical training, etc. Means of Action

ILO Recommendation 99 Concerning Vocational Rehabilitation, 1955 ILO Convention 159 Concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983 ILO Recommendation 168, 1983 ILO Code of Practice for Managing Disability in the Workplace, 2002 ILO Disability-specific standards

Decent work for all - non-discrimination Government policy on vocational rehabilitation Equal treatment and equal opportunity Involve all disability groups, women and men, rural and urban Tripartite consultations, plus disabled persons Mainstreaming in training and employment, whenever possible Special measures allowed, such as affirmative action Trained personnel ILO Principles

ILO Code of practice for managing disability in the workplace: Targets employers Provides practical guidance to ensure equal opportunities and treatment of disabled workers in the workplace Identifies duties of competent authorities, workers’ representatives and employers Addresses the specific issues related to recruitment, promotion, job retention and adjustments for disabled workers Promotes safe and accessible workplaces Minimizes employer costs related to disability Maximizes contributions of employees with disabilities

Why should trade unions get involved with workers with disabilities?

Why Should Trade Unions Get Involved? Mission/history Workers’ Compensation Social Protection Related Issues Philosophy Concern about rights and equity Solidarity Community linkages and capacity

Linkages Workers organisations Workers injured on the job Disabled Peoples‘ Organi- sations The School- System Vocational Counselling and Guidance Placement Services Ministry of Labour and/or Employment Employers’ Organisa- tions Vocational Rehabilitation Centres Job Seekers with Disabilities Vocational Training Centres Co- Workers The Media

What can trade unions do to help people with disabilities? What is your trade union doing?

What does the ILO say about what trade unions can do?

Convention 159 (1983)  Develop a national policy on vocational rehabilitation  Consult with employers and workers  Promote cooperation and coordination

Recommendation 168: Specific Guidance for Employers & Workers  Adopt an internal policy  Contribute to national or local policy on VR  Participate on boards of NGOs  Cooperate with specialists to reintegrate disabled workers injured on the job  Facilitate employment of other disabled persons  Operated vocational rehabilitation services whenever possible and include disabled persons in existing services

Recommendation 168: Specific Guidance for Workers’ Organizations Promote participation of disabled workers on shop floor Propose guidelines for VR and protection of disabled workers in collective agreements, regulations, arbitration awards, etc. Offer advice on the shop floor with regard to disabled workers’ issues Raise disability issues at trade union meetings Inform members through publications, seminars etc.

ILO Code of Practice on Managing Disability in the Workplace -Advocate for employment and training -Encourage PWDs to join and take leadership roles -Represent disabled worker interests in all activities and negotiations -Train and sensitize members about disability -Promote a healthy workplace -Promote introduction of disability management strategies -Raise employers’ awareness about laws and standards -Encourage members to cooperate in return to work programs -Serve as a model employer and integrate all aspects of the Code in hiring and managing disabled employees

What are some examples of what trade unions have done?

Fostering Community Integration Example: Assembly of Trade Unions, Japan 1970s request from a member with a disabled child Established a foundation supported by sale of matches, later tissues Started a counseling service/telephone hotline for parents Parents lobbied for railway accessibility Established a vocational experience program for youth with disabilities

Providing Training and Skills Development Example: Federation of German Trade Unions  Position paper stating policy for integrated employment  Supports access to apprenticeships for disabled persons, especially for women with disabilities who face double discrimination  Advocates for union activities that promote overall social integration, including accessible transportation

Operates 3 employment support for people with disabilites Services include: assessment, counseling and guidance,work, vocational training, supported employment, placement Former union members as job coaches Kanagawa Regional Council of the Japanese Electrical Electronic and Information Union Providing Training and Skills Development

Providing Training and Skill Development Example: Trade Union Federation, DIGNITE, Cote d’Ivoire Created a fellowship program so students with a disabilities can attend school Organize and facilitate vocational training and apprenticeships for school leavers with disabilities

Improving Employment Practices Example: Trade Union Federation in Cote d’Ivoire  Created an internal unit for people with disabilities  Are lobbying for national employment legislation for disabled persons to include a quota, special fund, and support for micro- enterprise and cooperative development

Improving Employment Practices Example: The Irish Congress of Trade Unions  Published and disseminated the Charter of Rights of People with Disabilities  Lists 18 fundamental rights to full equality of people with disabilities in the workplace

Promoting the Rights and Reintegration of Injured/Disabled Workers Example: IAM Boeing Health and Safety Institute for Returning Injured Workers to the Job  A labour-management program  Provides return to work services that include early intervention, quick responses, professional case management, job accommodations etc.  The union’s IAM CARES program provides services, which are paid by the employer according to a collective bargaining agreement

Promoting the Rights and Reintegration of Injured/Disabled Workers Example: Finnish Employees’ Confederation  Cooperates with employers to prevent industrial accidents through on-the-job measures, training, ergonomic adaptation etc.  Operates training programs and reintegration schemes for injured workers

Serving as a Model of Inclusion Example: Unison, British trade union representing public workers  Organizes union and vocational training programs for members with a disabilities  Uses ergonomic measures to facilitate workplace integration  Promotes awareness raising campaigns  Uses member subscription and private funds

Serving as a Model of Inclusion Example: American Postal Workers Union  Set-up a special task force for deaf workers  Holds several seminars for hearing impaired workers  Members serve on committees to resolve disability issues  Convinced the postal service to issue the special “I love you” sign language stamp

What could your union do?

A Summary: What You Can Do  National: - Advocate for legislation and policy.  Community:- Collaborate with social partners/others. - Promote awareness.  Union:- Develop internal policies and codes of practice. - Inform and educate members. - Provide assistance to disabled workers/ their families. - Protect workers rights related to disability issues.  Enterprise:- Collaborate with management. - Represent worker interests on shop floor. - Assist disabled workers.

How to Begin  Get to know disabled people, especially your disabled members  Learn about legislation and policy related to disability  Talk to other social partners  Reach out to organizations of and for disabled persons  Find out about what other unions have done  Determine what the needs are in your country  Find support within your union and form a committee to study the issue  Develop a plan of action

What specifically will you do? ___________________ ___________________ ___________________ ___________________ ___________________

For more information ilo.org ilo.org/abilityasia