Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Nigeria (Ratification: 2010)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1–4 of the Convention. National policy. Promoting opportunities in the open labour market for persons with disabilities. The Committee notes with interest the adoption of the Discrimination Against Persons with Disabilities (Prohibition) Act in 2018, as well as the adoption of the National Policy on Disability (NPD) in 2018. The Act prohibits discrimination on the ground of disability by any person or institution in any manner or circumstance (section 1(1)), and further provides that a person with a disability has the right to work on an equal basis with others, including the right to the opportunity to gain a living by work freely chosen or accepted in an open labour market (section 28(1)). It also provides that all employers of labour in public organizations shall, as much as possible, have persons with disabilities constituting at least five per cent of their employment (section 29), and encourages their participation in politics and public life (section 30(1)). The Act also establishes the National Commission for Persons with Disabilities, whose powers include: (i) the establishment and promotion of inclusive school, vocational and rehabilitation centres for the development of persons with disabilities (section 37(j)); (ii) liaising with the public and private sectors and other bodies to ensure that their peculiar interests are taken into consideration in every government policy, programme and activity (section 37(k)); and (iii) receiving complaints made by persons with disabilities with respect to the violation of their rights (section 37(n)). For its part, the NPD envisages the implementation of measures in the area of vocational guidance, such as providing vocational training programmes and facilities; vocational guidance and information about different occupation to enable persons with disabilities to make informed decisions when choosing an occupation according to their interests and abilities. The NDP further provides for the implementation of measures in the area of employment, including ensuring effective participation of persons with disabilities in the employment process; as well as identifying and eliminating employment barriers, including by ensuring reasonable accommodation for persons with disabilities. The Committee notes that, according to the World Health Organization, in 2018, about 29 million of the 195 million people were living with a disability. It observes that access to decent work for persons with disabilities is a critical issue that requires the attention and efforts of a wide range of stakeholders. The Committee notes that there are often significant barriers that prevent workers with disabilities from accessing decent job opportunities which include stigma and discrimination, lack of accommodation and support, and a lack of awareness and understanding about the capabilities and potential of workers with disabilities. These barriers need to be tackled by way of crafting and implementing inclusive policies and legal frameworks which do not only establish the principle of non-discrimination but also specific measures facilitating access to the open labour market such as requirements to make reasonable accommodation in the workplace, to actively recruit and hire persons with disabilities, to provide training and support, or to foster an inclusive work environment. In this context and taking into account the measures taken over the last reporting period, the Committee requests the Government to provide follow-up information on the manner in which the newly adopted legislation and the national policy have been implemented in practice, communicating relevant secondary legislation as well as copies of evaluation reports and court decisions concerning the application of the principles of the Convention. The Committee also requests the Government to provide information on concrete measures implemented to promote the employment of persons with disabilities in the open labour market, notably in the case of women and girls with disabilities taking into account the physical and economic barriers they often face in gaining access to education and employment. Finally, it requests the Government to provide statistical information on the employment rate of persons with disabilities in the open labour market, disaggregated, as much as possible, by age and sex.

Article 5. Consultations. The Committee notes that, according to the NPD (2018), although there are no legal provisions expressly requiring representatives of persons with disabilities to participate in policy making and work with government institutions, organizations of persons with disabilities do participate in practice in the planning, implementation and evaluation of services and measures that affect the lives of persons with disabilities. This Policy further states that the Government provides financial, organizational, and logistical support to organizations of persons with disabilities. The Committee requests the Government to describe in detail the manner in which representative employers’ and workers’ organizations and organizations representing persons with disabilities are consulted in practice regarding the designing, implementation and evaluation of the vocational rehabilitation and employment policy for persons with disabilities and that of the NPD more generally. Furthermore, noting that the Discrimination Against Persons with Disabilities (Prohibition) Act provides that the National Commission for Persons with Disabilities, which comprises in its membership persons with disabilities from each geopolitical zone, liaises with the public and private sectors and the government to ensure that all policies, programmes and activities address the needs of persons with disabilities, the Committee asks the Government to consider extending the mandate of this commission to also conduct consultations with the social partners on matters covered by the Convention.

Articles 7 and 8. Services accessible to persons with disabilities, including in rural and remote areas. According to the NPD, the Government has launched rehabilitation centres for vocational training of persons with disabilities and has adopted the Community Based Vocational Rehabilitation (CBVR), which includes vocational skills training at the community level. The Government further reports that it runs three vocational rehabilitation centres, namely: the Nigeria Farmcraft Centre for the Blind in Lagos; the School of Social Work in Enugu and Rehabilitation Centre in Gwarinpa FCT. The Committee notes that according to the 2020 World Bank report on Disability Inclusion in Nigeria, the government has established six rehabilitation and vocational centers to provide training to persons with disabilities, but most are in deplorable condition as a result of neglect by the authorities. The Committee notes from the Government’s 2021 report submitted to the Committee on the Rights of Persons with Disabilities (CRPD) that the Lagos state government: (i) inaugurated in 2016 the governing board of the Office for Disability Affairs, to manage a 25 billion Nigerian Naira Employment Trust Fund for persons with disabilities; (ii) in 2017, empowered over two thousand persons with disabilities with financial grants, assistive technologies and mobility aids, and funded 500 persons with disabilities with 100,000,000.00 Nigerian Naira each as start-up grants to establish businesses of their own; and (iii) in 2018, employed 250 persons with disabilities in its public service. The NDP includes as part of its objectives to make necessary adaptations in existing public and private services and institutions which provides skills training in both urban and rural areas. Noting the indication in the Government’s report that, between 2019 and 2020, only some 48 persons with disabilities have received training, the Committee requests the Government to provide detailed information, including statistics, disaggregated by sex and region, on how the newly created vocational training centres have stepped up their activities with a view to providing a greater number of persons with disabilities with vocational rehabilitation and employment services to secure and retain lasting employment on the open labour market and to advance in employment, with a special emphasis on those in rural areas and remote communities.

Article 9. Training and availability of rehabilitation counsellors or other qualified staff. The Committee notes that the Government’s report only contains succinct information indicating that between 2019 and 2020, there were thirty-three qualified workers providing vocational guidance, vocational training, placement and employment of persons with disabilities. The Committee also notes that according to the 2020 World Bank report on Disability Inclusion in Nigeria, persons with disabilities are often limited in their choice of careers due to stigma and to the dearth of skilled professionals available to teach subjects, such as mathematics to visually impaired students. In view of the above, the Committee does not consider the offer of employment-related services available to persons with disabilities to be adequate considering its obligation to ensure training and availability of rehabilitation counsellors or other qualified staff for the vocational training and guidance as well as placement services to persons with disabilities. It therefore calls for efforts to be stepped up in this regard and asks the Government to supply further information as regards measures taken or envisaged with a view to improve the offer of services required by the Convention.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1–4 of the Convention. National policy. Promoting opportunities in the open labour market for persons with disabilities. The Committee notes that the Government’s report fails to address most of the issues raised in its previous comments regarding the application of the Convention since its ratification. The Committee noted the Government’s indications concerning a draft bill that was then before the National Assembly and which intended to ensure full integration of Nigerians with disability into society. Moreover, despite a comprehensive National Policy on the Rehabilitation of Persons with Disabilities, including implementation strategies, the Government states in a very brief report that it had ensured at least 2 per cent of the workforce for suitably qualified persons with disabilities; additionally, that letters of recommendations have been issued in order to enable persons with disabilities to be gainfully employed; that economic empowerment programmes have been organized, and that mobility aids and appliances have been distributed. Moreover, the Government indicates that it has endeavoured to ensure availability of vocational rehabilitation to all categories of persons with disabilities. The Committee renews its request for full information on the matters raised in its previous comments, particularly specific information on the status of the draft bill. The Committee requests the Government to provide full information on the implementation of the National Policy on the Rehabilitation of Persons with Disabilities. Please also provide relevant information on the application of the Convention, including statistical information disaggregated, as much as possible, by age, sex and nature of the disability, as well as extracts from reports and studies or inquiries on the matters covered by the Convention.

Article 5. Consultations. The Committee once again requests the Government to describe in detail the manner in which representative organizations of employers and workers, and representative organizations of and for persons with disabilities are consulted in practice regarding the implementation of the vocational rehabilitation and employment policy for persons with disabilities.

Articles 7 and 9. Services for persons with disabilities. Qualified staff for persons with disabilities. The Government indicates that it ensures that persons engaged in providing and evaluating vocational guidance, vocational training, placement, employment and other related services to persons with disabilities have adequate knowledge of disabilities and their limiting effects, as well as integrating them into active economic and social life. The Committee requests the Government to describe the measures taken or envisaged with a view to providing and evaluating vocational guidance and vocational training services for persons with all types of disabilities, and to indicate whether existing services for workers are being used with necessary adaptations. The Committee renews its request to the Government to provide further information on the number of persons trained and qualified staff made available to persons with disabilities.

Article 8. Rural areas and remote communities. The Government indicates that, in rural and remote communities, trainable persons with disabilities are attached to local craftsmen such as tailors, hairstylists, barbers, vulcanizers. The Committee once again requests the Government to describe the measures taken to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1–4 of the Convention. National policy. Promoting opportunities in the open labour market for persons with disabilities. The Committee notes that the Government’s report fails to address most of the issues raised in its previous comments regarding the application of the Convention since its ratification. The Committee noted the Government’s indications concerning a draft bill that was then before the National Assembly and which intended to ensure full integration of Nigerians with disability into society. Moreover, despite a comprehensive National Policy on the Rehabilitation of Persons with Disabilities, including implementation strategies, the Government states in a very brief report that it had ensured at least 2 per cent of the workforce for suitably qualified persons with disabilities; additionally, that letters of recommendations have been issued in order to enable persons with disabilities to be gainfully employed; that economic empowerment programmes have been organized, and that mobility aids and appliances have been distributed. Moreover, the Government indicates that it has endeavoured to ensure availability of vocational rehabilitation to all categories of persons with disabilities. The Committee renews its request for full information on the matters raised in its previous comments, particularly specific information on the status of the draft bill. The Committee requests the Government to provide full information on the implementation of the National Policy on the Rehabilitation of Persons with Disabilities. Please also provide relevant information on the application of the Convention, including statistical information disaggregated, as much as possible, by age, sex and nature of the disability, as well as extracts from reports and studies or inquiries on the matters covered by the Convention.

Article 5. Consultations. The Committee once again requests the Government to describe in detail the manner in which representative organizations of employers and workers, and representative organizations of and for persons with disabilities are consulted in practice regarding the implementation of the vocational rehabilitation and employment policy for persons with disabilities.

Articles 7 and 9. Services for persons with disabilities. Qualified staff for persons with disabilities. The Government indicates that it ensures that persons engaged in providing and evaluating vocational guidance, vocational training, placement, employment and other related services to persons with disabilities have adequate knowledge of disabilities and their limiting effects, as well as integrating them into active economic and social life. The Committee requests the Government to describe the measures taken or envisaged with a view to providing and evaluating vocational guidance and vocational training services for persons with all types of disabilities, and to indicate whether existing services for workers are being used with necessary adaptations. The Committee renews its request to the Government to provide further information on the number of persons trained and qualified staff made available to persons with disabilities.

Article 8. Rural areas and remote communities. The Government indicates that, in rural and remote communities, trainable persons with disabilities are attached to local craftsmen such as tailors, hairstylists, barbers, vulcanizers. The Committee once again requests the Government to describe the measures taken to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1–4 of the Convention. National policy. Promoting opportunities in the open labour market for persons with disabilities. The Committee notes that the Government’s report fails to address most of the issues raised in its previous comments regarding the application of the Convention since its ratification. The Committee noted the Government’s indications concerning a draft bill that was then before the National Assembly and which intended to ensure full integration of Nigerians with disability into society. Moreover, despite a comprehensive National Policy on the Rehabilitation of Persons with Disabilities, including implementation strategies, the Government states in a very brief report that it had ensured at least 2 per cent of the workforce for suitably qualified persons with disabilities; additionally, that letters of recommendations have been issued in order to enable persons with disabilities to be gainfully employed; that economic empowerment programmes have been organized, and that mobility aids and appliances have been distributed. Moreover, the Government indicates that it has endeavoured to ensure availability of vocational rehabilitation to all categories of persons with disabilities. The Committee renews its request for full information on the matters raised in its previous comments, particularly specific information on the status of the draft bill. The Committee requests the Government to provide full information on the implementation of the National Policy on the Rehabilitation of Persons with Disabilities. Please also provide relevant information on the application of the Convention, including statistical information disaggregated, as much as possible, by age, sex and nature of the disability, as well as extracts from reports and studies or inquiries on the matters covered by the Convention.

Article 5. Consultations. The Committee once again requests the Government to describe in detail the manner in which representative organizations of employers and workers, and representative organizations of and for persons with disabilities are consulted in practice regarding the implementation of the vocational rehabilitation and employment policy for persons with disabilities.

Articles 7 and 9. Services for persons with disabilities. Qualified staff for persons with disabilities. The Government indicates that it ensures that persons engaged in providing and evaluating vocational guidance, vocational training, placement, employment and other related services to persons with disabilities have adequate knowledge of disabilities and their limiting effects, as well as integrating them into active economic and social life. The Committee requests the Government to describe the measures taken or envisaged with a view to providing and evaluating vocational guidance and vocational training services for persons with all types of disabilities, and to indicate whether existing services for workers are being used with necessary adaptations. The Committee renews its request to the Government to provide further information on the number of persons trained and qualified staff made available to persons with disabilities.

Article 8. Rural areas and remote communities. The Government indicates that, in rural and remote communities, trainable persons with disabilities are attached to local craftsmen such as tailors, hairstylists, barbers, vulcanizers. The Committee once again requests the Government to describe the measures taken to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the Government’s indications concerning a draft Bill currently before the National Assembly in which disability is defined as “[a] long-term physical, mental, intellectual or sensory impairment, which in interaction with various barriers may hinder full and effective participation in society on equal basis with others”. The Committee invites the Government to continue to provide information on any development which may result in the adoption of the abovementioned draft legislation (Article 1 of the Convention).

Article 2. National policy. The Committee notes that section 2(1) of the Nigerians with Disability Decree of 1993 imposes the duty and responsibility of organs of government and of all authorities and persons to adopt and promote policies that will ensure full integration of persons with disabilities into mainstream society. The Government indicates in its report that the aim of the National Policy on Rehabilitation of Persons with Disabilities is to ensure the effective training, rehabilitation and eventual integration of persons with disabilities. The Committee invites the Government to provide further information on the manner in which the National Policy on Rehabilitation of Persons with Disabilities is being implemented and periodically reviewed (Article 2). Please also provide relevant information on the application of the Convention in practice, including statistical information disaggregated, as much as possible, by age, sex and nature of the disability, as well as extracts from reports and studies or inquiries on the matters covered by the Convention (Part V of the report form).

Article 3. Promoting opportunities in the open labour market. The Committee notes that the promotion of employment of persons with disabilities, both in the formal and informal sector, as well as the establishment of shelter employment for persons with disabilities who because of their disability or special needs are unable to obtain, keep or cope with the demands of a job in a competitive labour market have been included among the implementation strategies of the National Policy on Rehabilitation of Persons with Disabilities. The Government further indicates that it has ensured that both public and private sectors incorporate the interest of the persons with disability in their employment policies. The Committee invites the Government to further describe the impact of the measures adopted with a view of providing employment opportunities for persons with disabilities in the open labour market.

Article 4. Equality of opportunity and treatment. The Committee notes that both the Nigerians with Disabilities Decree of 1993 and the National Employment Policy of 2003 provide for the creation of specific quotas for persons with disabilities. The Committee invites the Government to indicate the impact of any special positive measures aimed at effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers.

Article 5. Consultations. The Government indicates in its report that, since its ratification of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), its agencies involve both the employers’ and workers’ organizations in the deliberation on matters pertaining to the welfare of their members. The Government further indicates that the Joint National Association of Persons with Disabilities (JONAPAD) is also involved in deliberations concerning its members. The Committee invites the Government to further describe in its next report the manner in which representative organizations of employers and workers, and representative organizations of and for persons with disabilities are consulted in practice regarding the implementation of the vocational rehabilitation and employment policy for persons with disabilities.

Article 7. Services for persons with disabilities. The Committee notes that the National Employment Policy includes the promotion of job-entry schemes that give equal opportunities to persons with disabilities to compete for jobs as long as they possess the necessary qualification; to that effect, an effective placement scheme is to be put in place by the Ministry of Employment, Labour and Productivity. Furthermore, the Government indicates that the Nigerian Farmcraft Centre for the blind serves as an avenue for training and placement. The Committee invites the Government to describe additional measures taken or envisaged with a view to providing and evaluating vocational guidance and vocational training services for persons with all types of disabilities, and to indicate whether existing services for workers generally are being used with necessary adaptations.

Article 8. Rural areas and remote communities. The Government indicates in its report that it has embraced the concept of community-based vocational rehabilitation services across the nation. Furthermore, 300 persons with disabilities were trained in 2012 on different skills and a fund was disbursed through state governments for the purchase of materials to establish businesses of their own. The National Policy on Rehabilitation of Persons with Disabilities, on the other hand, finds that services enjoyed by persons with disabilities in urban areas are not readily available in most rural areas. The Committee invites the Government to provide information regarding the application of the Convention in rural areas and remote communities.

Article 9. Qualified staff for persons with disabilities. The Committee notes that, under section 5(2)(1) of the Nigerians with Disabilities Decree of 1993, government organs and authorities should ensure adequate training for personnel to cater for the educational development of the disabled in educational institutions. The Government’s report refers to the establishment of the Federal School of Social Work at Emene, Enugu, to train rehabilitation officers and counsellors. The Committee would welcome information on the number of persons trained and made available to persons with disabilities.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report on the application of the Convention received in June 2013. It notes the Government’s indications concerning a draft Bill currently before the National Assembly in which disability is defined as “[a] long-term physical, mental, intellectual or sensory impairment, which in interaction with various barriers may hinder full and effective participation in society on equal basis with others”. The Committee invites the Government to continue to provide information on any development which may result in the adoption of the abovementioned draft legislation (Article 1 of the Convention).

Article 2. National policy. The Committee notes that section 2(1) of the Nigerians with Disability Decree of 1993 imposes the duty and responsibility of organs of government and of all authorities and persons to adopt and promote policies that will ensure full integration of persons with disabilities into mainstream society. The Government indicates in its report that the aim of the National Policy on Rehabilitation of Persons with Disabilities is to ensure the effective training, rehabilitation and eventual integration of persons with disabilities. The Committee invites the Government to provide further information on the manner in which the National Policy on Rehabilitation of Persons with Disabilities is being implemented and periodically reviewed (Article 2). Please also provide relevant information on the application of the Convention in practice, including statistical information disaggregated, as much as possible, by age, sex and nature of the disability, as well as extracts from reports and studies or inquiries on the matters covered by the Convention (Part V of the report form).

Article 3. Promoting opportunities in the open labour market. The Committee notes that the promotion of employment of persons with disabilities, both in the formal and informal sector, as well as the establishment of shelter employment for persons with disabilities who because of their disability or special needs are unable to obtain, keep or cope with the demands of a job in a competitive labour market have been included among the implementation strategies of the National Policy on Rehabilitation of Persons with Disabilities. The Government further indicates that it has ensured that both public and private sectors incorporate the interest of the persons with disability in their employment policies. The Committee invites the Government to further describe the impact of the measures adopted with a view of providing employment opportunities for persons with disabilities in the open labour market.

Article 4. Equality of opportunity and treatment. The Committee notes that both the Nigerians with Disabilities Decree of 1993 and the National Employment Policy of 2003 provide for the creation of specific quotas for persons with disabilities. The Committee invites the Government to indicate the impact of any special positive measures aimed at effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers.

Article 5. Consultations. The Government indicates in its report that, since its ratification of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), its agencies involve both the employers’ and workers’ organizations in the deliberation on matters pertaining to the welfare of their members. The Government further indicates that the Joint National Association of Persons with Disabilities (JONAPAD) is also involved in deliberations concerning its members. The Committee invites the Government to further describe in its next report the manner in which representative organizations of employers and workers, and representative organizations of and for persons with disabilities are consulted in practice regarding the implementation of the vocational rehabilitation and employment policy for persons with disabilities.

Article 7. Services for persons with disabilities. The Committee notes that the National Employment Policy includes the promotion of job-entry schemes that give equal opportunities to persons with disabilities to compete for jobs as long as they possess the necessary qualification; to that effect, an effective placement scheme is to be put in place by the Ministry of Employment, Labour and Productivity. Furthermore, the Government indicates that the Nigerian Farmcraft Centre for the blind serves as an avenue for training and placement. The Committee invites the Government to describe additional measures taken or envisaged with a view to providing and evaluating vocational guidance and vocational training services for persons with all types of disabilities, and to indicate whether existing services for workers generally are being used with necessary adaptations.

Article 8. Rural areas and remote communities. The Government indicates in its report that it has embraced the concept of community-based vocational rehabilitation services across the nation. Furthermore, 300 persons with disabilities were trained in 2012 on different skills and a fund was disbursed through state governments for the purchase of materials to establish businesses of their own. The National Policy on Rehabilitation of Persons with Disabilities, on the other hand, finds that services enjoyed by persons with disabilities in urban areas are not readily available in most rural areas. The Committee invites the Government to provide information regarding the application of the Convention in rural areas and remote communities.

Article 9. Qualified staff for persons with disabilities. The Committee notes that, under section 5(2)(1) of the Nigerians with Disabilities Decree of 1993, government organs and authorities should ensure adequate training for personnel to cater for the educational development of the disabled in educational institutions. The Government’s report refers to the establishment of the Federal School of Social Work at Emene, Enugu, to train rehabilitation officers and counsellors. The Committee would welcome information on the number of persons trained and made available to persons with disabilities.