Decent Work and People with Disabilities: The Role of Trade Unions

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

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

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

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

5. 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 • Causes • Birth Defect • Accident • Illness • Other Gender makes a huge difference

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

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

8. 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

9. International conventions and initiatives • 1955ILO VR Recommendation No. 99 • 1971 UN Declaration on the Rights of Mentally Retarded Persons • 1975UN Declaration on the Rights of Disabled Persons • 1981UN International Year of Disabled Persons • 1982UN World Programme of Action Concerning Disabled Persons • 1983-1992UN Decade of Disabled Persons • 1983ILO VR (Disabled) Convention No. 159 • 1983ILO VR (Disabled) Recommendation No. 168 • 1993UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities • 1993-2002Asian and Pacific Decade of Disabled Persons • 2001 ILO Code of Practice for Managing Disability in the Workplace • 2003-2012Second Asia and Pacific Decade of Disabled Persons • Current Drafting of the UN Convention on the Rights and Protection of Persons with Disabilities

10. Asia and Pacific Decade of Disabled Persons 2003-2012 • 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

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

12. 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

13. Changing concepts: The new disability business case • 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

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

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

16. How big is the problem? • 600 million disabled people worldwide • 370 million in Asia • 386 million of working-age worldwide • 238 million in Asia are of working age • Only 10 percent of disabled children are in primary school • Most live in rural areas • Unemployment rates are double that of the general population and as high as 80 percent • Disability and poverty are linked: 20 percent of the world’s poor are disabled

17. Disability and Decent Work 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

18. 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)

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

20. Means of Action • 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.

21. ILO Disability-specific standards • 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

22. ILO Principles • 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

23. 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

24. Why should trade unions get involved with workers with disabilities?

25. Why Should Trade UnionsGet Involved?  Mission/history • Workers’ Compensation • Social Protection • Related Issues  Philosophy • Concern about rights and equity • Solidarity  Community linkages and capacity

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

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

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

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

30. 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

31. 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.

32. 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

33. What are some examples of what trade unions have done?

34. FosteringCommunity 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

35. 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

36. Providing Training and Skills Development • 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

37. 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

38. 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

39. 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

40. Promoting the Rights and Reintegrationof 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

41. Promoting the Rights and Reintegrationof 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

42. 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

43. 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

44. What could your union do?

45. 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.

46. 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

47. ______________________________________________________________________________________________________________________________________________________________________________________________ What specifically will you do?

48. For more information ilo.org ilo.org/abilityasia